Section 54 Generally

• Library: Employer-Employee Law 2008

Generally, there are two main methods by which OSHA may lawfully inspect an employer’s worksite. The first method is to obtain the employer’s consent to an inspection. An employer’s failure to object to the inspection or ask for a warrant constitutes voluntary consent. Absent the employer’s consent, OSHA is required to obtain an administrative search warrant before performing an inspection. Marshall v. Barlow’s, Inc., 436 U.S. 307 (1978). But the requirements for OSHA to obtain a warrant are less stringent...