In the case Marshall v. Barlow\'s, Inc. in 1978, the U.S. Supreme Court ruled th

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.

Explanation / Answer

The main Positive aspects of OSHA are that it can highly reduce the workplaces deaths and accident cases. Today, most companies ensure that the working environment is very safe at all times. This is because OSHA officials come at any time without issuing any form of notification to the company management team. In addition, the fines that are attached to this particular law are high and so companies do not want to fall victims.

One of the Negative aspects of OSHA is that the law appears to victimize companies. To put it differently this particular law appears to be concerned with at least finding a problem in a company that puts the workers health at risk. This in most cases kills the morale of employers. The act of coming unannounced may not be taken positively by employers.

Explanation: Another Negative aspects of OSHA is that it is very expensive to implement since there are so many companies

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