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OSH ACT AND OSHA STANDARDS

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Workplace Inspections - Authority to Inspect

If an employer refuses to admit an OSHA compliance officer, or if an employer attempts to interfere with the inspection, the OSH Act permits appropriate legal action.

Based on a 1978 Supreme Court ruling (Marshall v. Barlow's, Inc.), OSHA may not conduct warrantless inspections without an employer's consent. It may however, inspect after acquiring a judicially authorized search warrant based upon administrative probable cause or upon evidence of a violation.

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