In re Establishment Inspection of Texas Tank Car Works

*593OPINION

MAHON, District Judge.

Petitioner Texas Tank Car Works filed its petition to quash inspection warrant on April 7, 1982. Respondent is the Occupational Safety and Health Administration (hereinafter sometimes referred to as OSHA).

On October 20, 1981, OSHA Austin area Safety Compliance Officer W.B. Cunningham sought to make a general administrative plan inspection of Petitioner and was permitted to conduct an accident record review. Such review revealed that Petitioner’s lost work day injury rate (herein referred to as LWDI rate) was above the national manufacturing average. Cunningham’s…