The Occupational Safety and Health Act of 1970 (OSHA) is the result of the Federal government's concern about safe working conditions. The purpose of OSHA is to assure safe and healthful working conditions and to preserve our human resources. To effectuate its goal of promoting industrial safety, OSHA authorizes the Secretary of Labor to establish mandatory occupational safety and health standards applicable to businesses affecting interstate commerce. It also authorizes the Secretary to enter and inspect any work place during regular working hours and at other reasonable times to ensure compliance with the health and safety standards. The inspection provision of OSHA has been attacked on the ground that warrantless OSHA inspections violate the search and seizure safeguards of the fourth amendment of the United States Constitution. This Note will explore recent Supreme Court decisions dealing with administrative searches and seizures and consider the effect of these decisions on fourth amendment challenges to the OSHA inspection provisions.
Glenn J. Fuerth,
Note: OSHA Inspections and The Fourth Amendment: Balancing Private Rights and Public Need,
6 Fordham Urb. L.J. 101
Available at: http://ir.lawnet.fordham.edu/ulj/vol6/iss1/4