Legal Aspects Assignment

Unit Assessment

QUESTION 1

Can an employee request that an attorney or union representative attend a private conference with the compliance officer? If the union demands to have a representative present, does the employee have to comply? Your response should be at least 75 words in length.

QUESTION 2

If the OSHA compliance officer requests documents that are not related to a formal complaint, what options do you believe the employer has? Your response should be at least 75 words in length.

QUESTION 3

Under what conditions can an employee be denied access to the opening conference, walk-around, and closing conference? Your response should be at least 75 words in length.

QUESTION 4

If OSHA determines that an employer’s response to a non-formal complaint is adequate, what options does the employee filing the non-formal complaint have? Your response should be at least 75 words in length.

Unit Board Question

In the case, Marshall v. Barlow’s, Inc. in 1978, the U.S. Supreme Court ruled that the 4th Amendment to the U.S. Constitution required a warrant for a nonconsensual OSHA inspection. Changes to 29 CFR 1903.4 allows OSHA to obtain warrants without the owner’s knowledge under appropriate circumstances, which allows inspections to proceed without advance warning. However, in cases where OSHA shows up at a facility with no prior notice and does not obtain a warrant on an ex parte basis, the owner may require a warrant to be obtained prior to allowing an inspection to occur. Some companies have standing rules to require warrants for all inspections. Discuss the positive and negative aspects of requiring a warrant prior to allowing any OSHA inspection to occur at a facility. Provide sound reasoning for your answer.