Fines issued to Boring Company for firefighter injuries dropped, retired firefighter pushes back

LAS VEGAS (FOX5) — Nevada OSHA has dropped more than $400,000 in safety fines against the Boring Company after two Clark County firefighters sustained chemical burns during a training exercise in the underground Vegas Loop tunnels. The fines were issued in May following a December incident.

Mike Pilcher, a retired firefighter and battalion chief with 32 years of service, said he is alarmed by the decision to drop the citations.

“I’m deeply alarmed by what appears to be interference in Nevada’s workplace safety,” said Pilcher, who was also an International Association of Fire Fighters union member.

Training requirements and safety concerns

The Boring tunnels use a network of Teslas as an underground transportation system aimed at connecting much of the Las Vegas Valley. Firefighters must train for underground rescues as they would for high-rise rescues or other difficult situations because underground rescues pose unique challenges.

Images obtained by FOX5 show firefighters conducting rescue training inside the Vegas Loop.

Nevada OSHA shared images as well with FOX5 when they reported 15 to 20 Boring Company employees were also burned by chemicals while connecting hoses, and that the company failed to provide proper protective equipment.

Pilcher said the Boring Company blamed the firefighters for their injuries.

“The boring company blamed the firefighters for their injuries. If that’s not passing the buck, then I don’t know what is,” he said.

OSHA explanation for dropped fines

Nevada OSHA told FOX5 that willful violations require the highest level of proof.

“Willful violations have the highest level of proof required. NV OSHA must prove the employer knew about a hazardous condition and either deliberately disregarded the law or acted with plain indifference,” the agency said. “It is obvious that efforts were made… it was clear that this citation was not legally supportable.”

Pilcher criticized the decision to drop all fines without requiring safety improvements.

“So no consideration of reduction in fines, no requirement to improve the toxic pooling inside the tunnels to make for a safer working environment. Nothing for workers safety after a months long investigation by OSHA,” he said.

According to Nevada OSHA, there are currently two open inspections for the Boring Company and further citations could still be issued.

FOX5 reached out to Governor Lombardo’s office several times about allegations his office was contacted before the fines were dropped. The governor’s office has not responded to requests for comment.

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