A recent case from the Eleventh Circuit Court of Appeals demonstrates the dangers of giving OSHA inspectors free access to an employer’s facility. See Peacock Timber Co. v. Department of Labor, No. 15-13514, 2016 WL 2848680 (May 16, 2016). In Peacock Timber, an OSHA inspector visited Peacock Timber Company’s workplace to investigate safety complaints by a former employee. The inspector found that those complaints were unfounded, but still cited Peacock Timber for other violations noted during the inspection.
Peacock Timber appealed, but the Eleventh Circuit affirmed the penalties imposed. Peacock argued that the OSHA inspectors violated the Fourth Amendment to the United States Constitution, because inspectors were not authorized to search the facility for violations beyond those in the former employee’s complaint. But, the Eleventh Circuit found company officials consented to the inspections, which negated any Fourth Amendment limitations.
Peacock Timber demonstrates the dangers of providing OSHA inspectors with unfettered access to an employer’s workplace. If you do not already have a procedure in place for responding to OSHA inspection requests, I strongly suggest that you consult with counsel to develop a procedure.