The
answer depends on the situation. While
most businesses will let the inspector in, you don't necessarily have to do so.
Some
experts believe that consenting to an OSHA inspection without a warrant is less
troublesome, less costly, and more beneficial to the employer.
Others
stress the potential benefits of requiring the agency to get a warrant before
an inspection. For example: 1) The
warrant might be narrowly written (many judges draw up warrants limited to
the specific complaint in the affidavit, which might be more restricted than the inspector would have without a
warrant); 2) You might be able to buy
some time (because the warrant might not be issued for up to 30 days,
you'll be able to remedy existing hazards or bring OSHA-required records into
compliance) ; and 3) Your risk is small
(because the agency has little discretion in fining and citations and the settlement process is the same regardless
of whether a warrant has been issued, there's little risk of a greater penalty
for insisting on a warrant).
If
you do require an inspector to return with a warrant, review the document
carefully
to
make sure it describes the scope of the inspection in detail and has enough
information to allow a determination of probable cause
As
always, it's wise to follow the Boy Scout motto and "Be Prepared." Consult with
your legal counsel ahead of time, so that you'll be ready before an OSHA inspector
knocks and you're on the spot. We're
also ready to offer our advice at any time.