Why It Matters
A regulatory dispute in Nevada over workplace safety fines issued to Elon Musk’s tunneling company has drawn renewed scrutiny from both state and federal lawmakers, raising questions about the relationship between the Governor’s office and a high-profile private contractor. The controversy touches on worker safety protections, the integrity of state regulatory processes, and missing government records.
What Happened
In May 2025, Nevada’s Occupational Safety and Health Administration issued more than $425,000 in fines against The Boring Company in connection with safety violations at its underground tunnel project in the state. The citations were rescinded the following day — after Boring Company president Steve Davis contacted Governor Joe Lombardo’s office by phone.
The episode attracted renewed attention last week when U.S. Rep. Dina Titus (D-NV) and state Assemblymember Cinthia Moore (D-Las Vegas) held a joint press conference demanding an independent investigation. The two lawmakers cited what they described as a pattern of inconsistent explanations from the Lombardo administration about how records connected to the fine reversal came to be deleted.
Government records documenting the meeting with Boring Company representatives and the subsequent withdrawal of the violations were not retained. A forensic review by the Governor’s Technology Office concluded the original files could not be restored due to what the office described as “existing backup retention limitations,” and investigators were unable to determine how the documents were deleted or who was responsible.
Moore pointed to a timeline discrepancy in the administration’s explanations: the files were reportedly deleted in May, but Lombardo’s office had cited a cyberattack that occurred in August as the reason the records could not be recovered. After that inconsistency became public, the Governor’s office clarified that the inability to recover the file “was not related to the cyber-incident.” Lombardo himself had referenced the cyberattack while discussing the Boring controversy at a Nevada Independent event in March.
The Governor’s office separately indicated that the deleted shared-drive files contained documents related to the composition and potential vacancies of Nevada State Boards and Commissions, not specifically the Boring Company matter.
The Legal Explanation
Legal counsel from the Division of Industrial Relations and Nevada OSHA told lawmakers at a February meeting that the citations had been revoked on the grounds that they were legally insufficient, citing mistakes and anomalies in the original incident report. A subsequent federal OSHA review found that new policies established by Nevada’s agency were sufficient to address the deficiencies identified in that process.
The underlying incident that triggered the citations involved a 2024 workplace event in which workers and firefighters suffered chemical burns on the job at the tunnel project.
By the Numbers
- $425,000+ — fines issued by Nevada OSHA to The Boring Company in May 2025
- 1 day — elapsed between issuance and rescission of the citations
- May 2025 — month files were deleted and fines were rescinded
- August — month of the cyberattack Lombardo’s office initially cited as a barrier to record recovery
- February — month state legal counsel briefed lawmakers on the rationale for revoking citations
What Lawmakers Are Saying
Moore argued the administration had provided no credible accounting for what took place, saying it had been a full year since the fine was reversed with no satisfactory answers for Nevadans. Titus framed her demand more directly, calling on the administration to explain how a company of this profile avoided a penalty of that size without any formal appeals process.
Lombardo’s office has characterized the allegations as baseless. The Governor has not publicly detailed his administration’s full account of the sequence of events beyond the statements already on record.
What’s Next
Democratic lawmakers are continuing to push for an independent review of the circumstances surrounding the fine reversal and the missing records. Whether any such investigation moves forward will likely depend on political dynamics in the legislature and any federal-level action Titus pursues in her capacity in Congress. The fate of the worker safety reforms Nevada OSHA put in place following the original 2024 incident remains a separate open question.
For context on how executive branch decisions interact with regulatory bodies in other states, see coverage of New Hampshire’s recent legislative session, where the governor avoided direct vetoes as several contested bills stalled in the Senate.