A significant push for transparency and accountability is underway in Nevada, as Assemblymember Howard Watts, chair of a key legislative committee, has vowed to pursue an independent audit into the mysterious alteration of a public record. This record is central to a Nevada OSHA inspection of Elon Musk’s Boring Company, an incident that has raised serious questions about state regulatory processes and government oversight.
The Core of the Controversy: A Missing Meeting Record
The saga began when Fortune reported in November on a critical document within Nevada OSHA’s inspection file that was reportedly altered. This alteration occurred after the agency controversially withdrew citations it had initially issued to the Boring Company. These citations stemmed from a safety incident at one of the company’s tunneling sites, where firefighters were injured by chemicals during a safety drill.
OSHA Citations and a Swift Reversal
Following the incident, the Boring Company was issued two serious and willful citations. However, within 24 hours, a meeting was convened involving a representative from Governor Joe Lombardo’s office, senior state safety regulators, and the Boring Company. This meeting, reportedly initiated by Boring Company president Steve Davis after he contacted the Governor’s Office, led to the immediate rescission of the citations.
The Document Disappears
Crucially, a line item describing this pivotal meeting was subsequently deleted from the public record. This act of alteration has ignited a firestorm, prompting a hearing before the Nevada Legislature’s Interim Standing Committee on Growth and Infrastructure, where state environment and safety regulators were pressed for answers.
Legislative Scrutiny Intensifies
During the hearing, a senior safety official acknowledged the document alteration but claimed the agency had been unable to identify the responsible party. This admission only fueled the legislative committee’s determination to uncover the truth.
Watts Calls for Third-Party Investigation
Assemblymember Howard Watts, a Democrat, emphasized the need for an impartial review. “I think it would be in the best interest of transparency and accountability to have a third party do their own forensic audit,” Watts told Fortune after the hearing. His committee is now actively exploring options to commission such an audit, aiming to fully understand the circumstances surrounding the altered record.
Senator Nguyen Highlights Criminal Implications
Adding weight to the legislative concern, State Senator Rochelle Nguyen, also a Democrat, forcefully questioned regulators on the alteration. She underscored that tampering with, removing, or concealing information in a public record is not merely a procedural misstep but a serious, potentially criminal offense. Nguyen voiced the concerns of her constituents, who are deeply troubled by the prospect of public records being altered or disappearing within state agencies.
Internal Investigations Fall Short
Kristopher Sanchez, director of the Department of Business and Industry (which oversees Nevada OSHA), stated that he had personally requested a forensic analysis from the Governor’s Technology Office, and his agency had also conducted one. However, both reviews “did not yield any results,” and the agency remains unaware of “how that happened.”
Governor’s Office Declines to Testify
When pressed, Sanchez admitted that neither B&I nor the Governor’s Office had engaged a third-party investigator. He also confirmed that no criminal complaint or police report had been filed due to the inability to identify the perpetrator. Notably, the Governor’s Office declined to attend the hearing, citing a letter from Governor Joe Lombardo’s chief of staff, thereby avoiding direct questions on the matter. Previously, a representative from the Governor’s Office had issued a statement denying any direction to edit records.
Questions of Impartiality and Sufficiency
Watts expressed skepticism regarding the sufficiency of the internal reviews. “We heard that there was not a third-party forensic investigation… So while we heard a commitment of looking into it and holding whoever was involved accountable, the people who looked into it were the Governor’s Office and Director Sanchez’s IT department,” Watts observed. He questioned the impartiality of these internal investigations, especially given the Governor’s Technology Office’s role, and reiterated his committee’s resolve: “It is absolutely something that we’re going to be seeing how we can move forward.”
A Push for Unwavering Transparency
The incident has cast a shadow over Nevada OSHA and the state government departments above it, drawing scrutiny from federal OSHA, which is conducting its own investigation. Experts familiar with Nevada OSHA’s procedures have described the events as a significant departure from standard protocol and highly inappropriate. The legislative committee’s determination to pursue an independent audit signals a firm commitment to uncovering the truth and restoring public trust in the integrity of state records and regulatory processes.
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