Lakeland Enterprises of Rhinelander, Incorporated v. Elaine L. Chao, Secretary of Labor

SYKES, Circuit Judge.

This is a review of a decision of the' Occupational Safety and Health Review Commission (OSHRC) assessing a $49,000 civil penalty against Lakeland Enterprises of Rhinelander, Inc., for willful violation of 29 C.F.R. § 1926.652(a)(1), which requires that workers in excavation trenches be protected from cave-ins. Lakeland argues that the evidence collected at its excavation site should have been suppressed because the surprise inspection by a compliance officer from the Occupational Safety and Health Administration (OSHA) was conducted without a warrant. Lakeland also…