In Re Establishment Inspection of Kohler Company. Appeal of Kohler Co

FLAUM, Circuit Judge.

Respondent Kohler Company seeks to quash an administrative search warrant issued to the Occupational Safety and Health Administration (OSHA). Kohler claims that OSHA lacked probable cause to inspect its plant. OSHA has completed the inspection and maintains that the case is moot. Kohler has not exhausted the administrative remedies available to it, however, and we decline to enter the fray before the Occupational Safety and Health Review Commission (OSHRC or Review Commission) acts. We therefore dismiss Kohler’s appeal.

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Kohler manufactures sanitary and other plumbing…