Service Foundry Co., Inc. v. Raymond J. Donovan, Secretary of Labor

E. GRADY JOLLY, Circuit Judge:

Raymond J. Donovan, Secretary of Labor (the Secretary), appeals an order of the United States District Court for the Eastern District of Louisiana quashing the portion of an administrative inspection warrant authorizing Occupational Safety and Health Administration (OSHA) inspectors to use personal sampling devices attached to Service Foundry’s employees to inspect a steel and bronze castings plant. The district court held that the rule pursuant to which the magistrate issued the warrant had not been properly promulgated, and that, in any event, the OSHA enabling…