['Enforcement and Audits - OSHA']
['OSHA Inspections']
03/12/2025
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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The OSH Act says that compliance officers may enter a facility without delay to inspect. Nonetheless, you have a right to refuse entry without a warrant. That is because the fourth amendment to the U.S. Constitution protects from unreasonable searches and seizures.
In 1978, this amendment was tested in a landmark case in Marshall versus Barlows. The Supreme Court held that OSHA may not conduct warrantless inspections without an employer’s consent.
A company can decline an inspection based on this fact, but then risks facing a more thorough inspection when the officer does return with a warrant. Be aware, that it is relatively easy for OSHA to get a warrant within a day. Without a very good reason for not allowing an officer to enter the facility, you may just make things worse.
A company can delay the inspection if, for example, the owner is away from the facility and you’re waiting until they return. In this case, the officer will wait a reasonable amount of time, but not more than an hour. At that time the office will begin the inspection with any employee available. It’s a good idea to form a hierarchy of the individuals who will represent the company as agents in charge. This makes someone always available at the time the officer requests admittance.
Very importantly, the only exception to this is if a compliance officer sees hazards that are in plain view. In these instances, he or she has the right to enter a workplace to inspect without a warrant.
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