In response to a complaint filed by an employee, OSHA dispatched a compliance officer to Genessee Valley Industrial Packaging.
When the officer arrived at the shop, he was greeted by a truck driver. The driver told the inspector that he had been asked to watch over the shop until the supervisor returned and asked the inspector to delay his inspection until that time. Nevertheless, the inspector began his investigation without a warrant, including the photographing of alleged violations of "saw guarding" requirements. The inspection was halted when the company president arrived and objected to the presence of the OSHA officer. Based on this partial inspection, the Secretary of Labor issued two charges of "saw guarding" violations against the company.
The company requested that these charges be dropped due to a warrantless inspection conducted by OSHA without consent of the employer. The Secretary of Labor argued that the OSHA inspector obtained consent from the truck driver, who was functioning as an assistant supervisor.
Has OSHA conducted a lawful inspection? Decide. [Genessee Valley Industrial Packaging, OSHD ¶ 24,279 (CCH)]