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Ignoring search warrants and pulling strings: How Tesla avoided a full OSHA inspection
https://www.msn.com/en-us/money/companies/ignoring-search-wa…
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For more than two months last year, Tesla barred Nevada workplace safety officers from conducting a comprehensive inspection of the manufacturing operations at the Gigafactory outside of Reno, even denying entry when inspectors showed up with a sheriff's deputy and a warrant signed by a judge.

The standoff began in March when inspectors with Nevada's Occupational Safety and Health Administration tried to follow up on an investigation into equipment that had severely injured two women, one of whom had the tip of her finger sliced off.

After two months of fending off inspectors, Tesla resorted to pulling political strings to bring an end to the standoff, successfully thwarting a complete inspection of the factory.

One day after rejecting inspectors with a warrant, Tesla called one of Gov. Steve Sisolak's cabinet members and relied on Nevada Attorney General Aaron Ford to broker a meeting to negotiate how much access inspectors should have to the massive factory outside of Reno.


The resulting agreement reached by the Sisolak administration – which limited where inspectors could go in the factory, which company documents they could review and who they could talk to – flouted the advice of those charged with ensuring the safety of Nevada's workers.

The agreement was not in the best interest of the safety of more than 7,000 workers inside the factory, according to Nevada OSHA's chief administrative officer, Jess Lankford.

"That's a great question," Lankford said to the Reno Gazette Journal when asked whether the outcome of the May meeting was enough to protect workers at the Gigafactory. "I don't believe we've had a good chance to look at conditions employees are working under (at the Gigafactory). My personal feeling is more work needs to be done to fully understand the complexity of the program and whether employees are effectively protected from the hazards associated with it."

Tesla's communication team completely ignored multiple requests for comment from the Reno Gazette Journal.

The standoff came to light after multiple public records requests were submitted by the Reno Gazette Journal to Nevada OSHA and the Storey County Sheriff's Office.

The Reno Gazette Journal, in partnership with The City Podcast, investigated working conditions at the Gigafactory in 2018, finding the factory, which was granted more than $1.3 billion in tax incentives, generated more than 90 visits by OSHA inspectors during its first three years of operation, far more than any other factory in the region.

The Gigafactory also generates a flood of 911 calls. In 2018, someone called 911 from Tesla more than once a day on average.

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Despite compromise, much of Gigafactory remains a mystery

In the end, OSHA inspectors were allowed into specific areas of the factory and were given five days to interview Gigafactory employees at random. While Tesla said inspectors could review some company documents, the company still hasn't turned over its injury logs and other safety planning documents, Lankford said.

During its limited inspection, OSHA officers found no evidence of brown drinking water or that employees were exposed to silica. They also found no violations occurred when the employee lost consciousness and fell and no health concerns associated with the new glue.

Inspectors did observe multiple safety hazards during their five day inspection, including trip and fall hazards and an improper device used to prevent falls. Inspectors recommended only one violation be cited. Limits on employee interviews prevented OSHA from issuing other citations, according to the inspection report.

Tesla told inspectors it abated all of the hazards noted in the inspection, the report said.

As of the publication of this story, OSHA has not conducted a comprehensive inspection of the Gigafactory.

In an interview with the Reno Gazette Journal, Fierro urged Tesla to participate in the agency's voluntary protection program, in which OSHA safety officers provide companies with rigorous safety consultation.

"The advantage of that is that we have consultants go out and do workplace investigations looking for hazards, they identify hazards and if the employer fixes them within a reasonable amount of time, then they get no fines from OSHA," Fierro said.

In its May 30 letter outlining the agreement brokered at the attorney general's office, Tesla indicated it was "intending to pursue participation in that program." As of mid-February, Tesla had not followed through on the application process, Fierro said.

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