DA Obtains Dismissal of OSHA Citations

Douglas County DA Obtains Dismissal of OSHA Citations
Posted on 12/16/2020
Douglas County DA Obtains Dismissal of OSHA CitationsThe State of Nevada Occupational Safety and Health Administration (Nevada OSHA) has agreed to dismiss the two citations they issued following President Donald J. Trump’s outdoor campaign rally at the Minden-Tahoe Airport on September 12, 2020. Following a month long investigation, Nevada OSHA issued the citations on October 23, 2020, based on alleged violations of Section 10 of Governor Sisolak’s Declaration of Emergency Directive 021 prohibiting public gatherings in groups of more than fifty persons in any indoor or outdoor area. The citations levied against Douglas County and ABS Aviation, Inc. were categorized by Nevada OSHA as serious violations with penalties in the amount of $2950.00 and $2603.00, respectively. Douglas County and ABS Aviation formally contested both the citations. The dismissals will be formalized in settlement agreements, and no formal complaints will be filed before the Nevada OSHA Board of Review, bringing this matter to a successful conclusion.
The Douglas County District Attorney’s Office represented both Douglas County and ABS Aviation, Inc., which is an independent contractor hired by Douglas County to manage and operate the County owned Minden-Tahoe Airport. The full dismissal of both citations was the result of several settlement conferences between OSHA representatives and the Douglas County District Attorney’s Office. Arguments regarding selective enforcement, lack of evidentiary proof, and several legal issues related to the First Amendment of the United States Constitution formed the basis for the District Attorney’s argument for dismissal.