Lockport Non Ferrous Casting, Inc. v. Marshall

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff has filed a complaint alleging that Section 8(a) of the Occupational Safety and Health Act of 1970 (“OSHA”), as amended, 29 U.S.C. § 657(a), violates the Fourth Amendment’s provisions against unreasonable searches and seizures by purporting to authorize the Secretary of Labor (“the Secretary”) to enter a place of employment without delay and to conduct a general search and inspection without first obtaining a duly authorized search warrant. It is alleged that on April 1, 1977 plaintiff refused OSHA inspectors permission to search its…