Legal Opinion

W. J. Usery, Jr., Secretary of Labor v. Godfrey Brake and Supply Service, Inc.

Court of Appeals for the Eighth Circuit

Decided November 19, 1976No. 76-1247PublishedCited by 13 opinions

1Opinion of the Court

ROSS, Circuit Judge.

In this case the Secretary of Labor appeals from an order of the district court which allowed an employer, Godfrey Brake and Supply Service, Inc., to condition an OSHA inspection of his work premises on the partial completion of a questionnaire submitted to the OSHA compliance officer. We reverse, finding that the statute will not permit the imposition of such a condition on the right to inspect.

Alex Salazar at the time in question was a compliance officer for the Occupational Health and Safety Administration, conducting inspections to detect employee health hazards in…

2Cases cited2 opinions

  1. Singleton v. WulffSupreme Court of the United States · 1976
  2. Udall v. TallmanSupreme Court of the United States · 1965

3Cited by13 opinions

  1. TODD SHIPYARDS CORP., Petitioner, v. SECRETARY OF LABOR, RespondentCourt of Appeals for the Ninth Circuit · 1978
  2. Western Waterproofing Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1978
  3. F. Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Petitioner-Appellee, v. ABLE CONTRACTORS, INC., Respondent-AppellantCourt of Appeals for the Ninth Circuit · 1978
  4. Blue Cross Association, and American Hospital Association, Intervenor-Appellee v. Patricia R. Harris, Secretary of Health, Education & Welfare, Leonard Schaeffer, Administrator, Health Care Financing Administration, Missouri Hospital Association, a Pro Forma Decree Corporation, Kansas City Area Hospital Association, a Corporation, Hospital Association of Metropolitan St. Louis, a Corporation, Kansas Hospital Association, a Corporation, and American Hospital Association, Intervenor-Appellee v. Patricia R. Harris, Secretary of the United States Department of Health, Education & Welfare, Leonard D. Schaeffer, Administrator of the Health Care Financing AdministrationCourt of Appeals for the Eighth Circuit · 1980
  5. Blue Cross Ass'n v. HarrisCourt of Appeals for the Eighth Circuit · 1980

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