Federal Court Decision Limits Scope of OSHA Investigations

From OMA Connections Partner Frantz Ward: “In what should be viewed as a victory for employers, the United States Circuit Court of Appeals for the Eleventh Circuit recently issued a decision limiting the scope of OSHA inspections. …

“In United States v. Mar-Jac Poultry, Inc., Franz Ward summarizes: “Mar-Jac (1) reinforces the notion that there are limits on OSHA’s inspection authority and (2) confirms the right of employers to limit consent to inspect or to challenge a warrant. OSHA cannot expand an accident-based inspection simply because of an emphasis program, injuries recorded on an OSHA 300 log, or the mere existence of a hazard. So, if faced with a request by OSHA to expand the scope of an accident-based inspection, employers should contact counsel immediately to determine an appropriate response.”

You can read the details of the case from Frantz Ward here. 11/9/2018