Does the Occupational Safety and Health Administration (OSHA) give an employer any rights?
Authors: John D. Surma and Collin G. Warren, Adams and Reese LLP
Yes. An employer has many rights, though not necessarily ones that are afforded directly by OSHA or the OSH Act. For example, an employer has the right to demand that OSHA obtain a warrant prior to entering the employer's premises for an inspection. This right is found in the United States Constitution. Any inspection by OSHA must be reasonable; and in the event citations are issued by OSHA, the employer has the right to contest all or part of the citations, penalties and abatement dates before the Occupational Safety and Health Review Commission and ultimately the circuit court of appeals in its jurisdiction. An employer also has other rights during the inspection process, including the right to be present when members of management are interviewed, to have a representative present during the walk through and, where the inspection is taken by consent, to limit the inspection.