Usery v. Lacy

KELLEHER, District Judge:

Respectfully, I dissent.

I

The result achieved by the majority is so patently wrong that any basis upon which it can be avoided seems desirable. The warrantless inspection of the job site made here by the OSHA inspector over the continued objection of Respondent Lacy should bring this case within the rule of Marshall v. Barlow’s, Inc., 436 U.S. 307, 98 S.Ct. 1816, 56 L.Ed.2d 305 (1978), which proscribes warrantless inspections by OSHA’s inspectors. Barlow’s should have retrospective application in a case where, as here, the inspection was made over the continued…