Question
Manayunk Recycling buys paper and plastics collected by waste management companies and local governments as part of their recycling efforts. The material is delivered to
Manayunk Recycling buys paper and plastics collected by waste management companies and local governments as part of their recycling efforts. The material is delivered to a warehouse where it is separated and then transported to other companies who will use it to make new plastic or paper products.There are a number of conveyor belts that are used to carry the material, and they were manufactured with certain safety devices to prevent injuries from occurring at nip points. Manayunk Recycling removes some of the safety devices because they impede productivity.OSHAinvestigators conduct an inspection and issues 26 citations for unsafe products and assesses fines totaling $200,000.(1)What administrative power is OSHA using with respect to the inspections and assessment of fines?(2)Manayunk Recycling files an appeal to challenge the citations and fines through the appropriate OSHA administrative proceeding. What administrative power is OSHA using with respect to the adjudication of Manayunk Recycling's appeal?(3)Based upon the information provided, does Manayunk Recycling have grounds to challenge the citations and fines on the basis of a violation of the Fourth Amendment of the U.S. Constitution?
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