Although, the inspection is an unprogrammed inspection, the issues of presenting a warrant should not be a major factor. For Example, J. Steve Barnett author of Responding to OSHA Inspections and Citations writes “The U.S. Supreme Court has affirmed that warrantless searches by OSHA would be unconstitutional. However, OSHA may obtain a warrant ex parte and therefore refusing OSHA entry due to lack of a warrant may not be necessary in most cases” (Barnett, 2001). Therefore, our designated EHS officials should allow OSHA’s compliance officer to conduct the inspection. This should be followed by opening a conference. This will provide an opportunity for the inspector to state the basis and scope of the inspection and why our facilities was chosen for unplanned inspection. Based on the findings and the scope of the inspection, management can take corrective safety measures to address safety deficiencies as revealed in the inspection
Although, the inspection is an unprogrammed inspection, the issues of presenting a warrant should not be a major factor. For Example, J. Steve Barnett author of Responding to OSHA Inspections and Citations writes “The U.S. Supreme Court has affirmed that warrantless searches by OSHA would be unconstitutional. However, OSHA may obtain a warrant ex parte and therefore refusing OSHA entry due to lack of a warrant may not be necessary in most cases” (Barnett, 2001). Therefore, our designated EHS officials should allow OSHA’s compliance officer to conduct the inspection. This should be followed by opening a conference. This will provide an opportunity for the inspector to state the basis and scope of the inspection and why our facilities was chosen for unplanned inspection. Based on the findings and the scope of the inspection, management can take corrective safety measures to address safety deficiencies as revealed in the inspection