Dunlop v. Hertzler Enterprises, Inc.

MEMORANDUM OPINION

The broad question presented in this case is whether the entry and inspection provisions of the Occupational Safety and Health Act of 1970 (OSHA), 29 U.S.C. §§ 651 et seq., are consistent with the dictates of the fourth amendment.

Congress enacted OSHA “to assure so far as possible every working man and woman in the Nation safe and healthful working conditions.” 29 U.S.C. § 651(b). Employers within the Act’s coverage 1 are required to provide employees a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” 29…