Event Title

OSHA Inspections After Marshall v. Barlow's, Inc.

Presenter Information

Mark A. Rothstein

Location

Duke Law School

Start Date

2-2-1979 10:15 AM

End Date

2-2-1979 11:15 AM

Description

In Marshall v. Barlow's, Inc., the Supreme Court held that nonconsensual OSHA inspections may be conducted under section 8(a) only pursuant to a warrant. The decision has raised numerous questions about the ability of the Secretary of Labor to conduct necessary inspections, the probable cause required to obtain a warrant, and the prudence of an employer's requiring a warrant. This Article traces the antecedents of the Barlow's case, analyzes the opinion itself, and addresses the implications of Barlow's for inspection procedures under OSHA.

Comments

This event was not recorded.

Related Paper

Mark A. Rothstein, OSHA Inspections After Marshall v. Barlow’s, Inc., 1979 DukeLaw Journal 63-103 (1979)

Available at: http://scholarship.law.duke.edu/dlj/vol28/iss1/2


This document is currently not available here.

Share

COinS
 
Feb 2nd, 10:15 AM Feb 2nd, 11:15 AM

OSHA Inspections After Marshall v. Barlow's, Inc.

Duke Law School

In Marshall v. Barlow's, Inc., the Supreme Court held that nonconsensual OSHA inspections may be conducted under section 8(a) only pursuant to a warrant. The decision has raised numerous questions about the ability of the Secretary of Labor to conduct necessary inspections, the probable cause required to obtain a warrant, and the prudence of an employer's requiring a warrant. This Article traces the antecedents of the Barlow's case, analyzes the opinion itself, and addresses the implications of Barlow's for inspection procedures under OSHA.