29 C.F.R. § 1903.3

Authority for inspection

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(a) Compliance Safety and Health Officers of the Department of Labor are authorized to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein; to question privately any employer, owner, operator, agent or employee; and to review records required by the Act and regulations published in this chapter, and other records which are directly related to the purpose of the inspection. Representatives of the Secretary of Health, Education, and Welfare are authorized to make inspections and to question employers and employees in order to carry out the functions of the Secretary of Health, Education, and Welfare under the Act. Inspections conducted by Department of Labor Compliance Safety and Health Officers and representatives of the Secretary of Health, Education, and Welfare under section 8 of the Act and pursuant to this part 1903 shall not affect the authority of any State to conduct inspections in accordance with agreements and plans under section 18 of the Act.

(b) Prior to inspecting areas containing information which is classified by an agency of the United States Government in the interest of national security, Compliance Safety and Health Officers shall have obtained the appropriate security clearance.

Notes of Decisions

Cited in 21 cases, 1975–2007 · leading case: Marshall v. Barlow's, Inc.

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Marshall v. Barlow's, Inc. (1978) scotus · cites it 4× “29 CFR § 1903.3 (1977). They also provide that inspectors are to explain the nature and purpose of the inspection and to "indicate generally the scope of the inspection.”

Mildred Galvin v. Occupational Safety & Health Administration (1988) ca5 “This discretionary authority is delegated in part to OSHA field inspectors who are authorized “to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any .”

Gail Merchant Irving v. United States (1998) ca1 “See 29 C.F.R. § 1903.3 (a). To be sure, the regulations contain a sprinkling of mandatory directives.”

In the Matter of Establishment Inspection of Kulp Foundry, Inc. Appeal of Kulp Foundry, Inc. In 81-2450. Appeal of Secre (1982) ca3 “29 C.F.R. § 1903.3 (a) (1981). While this court gives “considerable weight” to the interpretation of a statute by the administrative agency charged with its implementation, such deference “should not be used .”

Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Wollaston Alloys, Inc. (1983) ca1 “” The warrant also included the more general requirements that the inspection be conducted in a reasonable manner and during reasonable hours.”

In Re WORKSITE INSPECTION OF QUALITY PRODUCTS, INC., Appellant (1979) ca1 “§§ 651 , 657, 658, & 663, and 29 C.F.R. 1903.3 & 1903.4. When the inspection in question was commenced, the Supreme Court had yet to rule on whether the Constitution required a warrant preliminary to a compulsory OSHA inspection of premises.”

Ray Marshall, Secretary of Labor, United States Department of Labor v. Stoudt's Ferry Preparation Company (1979) ca3 “29 C.F.R. § 1903.3 (1978). The inspection provisions of the Mine Safety Act, by contrast, are more limited and more closely defined.”

United States v. Mobil Corp. (1981) txnd · cites it 2× “The Secretary’s regulation, 29 CFR § 1903.3 (1977), however, expressly included among the inspector’s powers the authority “to review records required by the Act and regulations published in this chapter, and other records which are directly related to the purpose of the…”

Culver v. United States Department of Labor Occupational Safety & Health Administration (2007) ca3 “§ 657 (a); see also 29 C.F.R. § 1903.3 (a). 2 As stated by the Supreme Court, “the [OSH] Act does not provide any standards to guide inspectors either in their selection of establishments to be searched or in the exercise of their authority to search.”

W. J. Usery, Jr., Secretary of Labor v. Godfrey Brake and Supply Service, Inc. (1976) ca8 “§ 657 (a)(1); 29 C.F.R. § 1903.3 . 5 . Conference Report No.”

Lake Butler Apparel Company v. Secretary of Labor (1975) ca5 “§ 657 (a); 29 CFR 1903.3, 1903.-7(a). 13 . In addition, in order to justify the search, the government cites without explanation Warden v.”

Marshall v. Pool Offshore Co. (1979) lawd “The compliance officer is also empowered to question any employer found on the rig, together with other named persons, and to inspect all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials thereon.”

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— 29 C.F.R. § 1903.3(a) — 2 cases

Irving v. United States (1998) ca1

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