4 things to consider before demanding warrant from OSHA

Occupational Safety and Health Administration (OSHA) compliance officers typically arrive without advance notice, which is enough to raise alarm bells in the minds of many employers. You might know why they're there. Or you might not have any idea. Whatever the situation, step one should be to ask yourself: Should I demand the inspector come back with a warrant?

I hear you knocking, but you can't come in

That's right! You have a constitutional right under the Fourth Amendment to require OSHA compliance officers to obtain an administrative warrant before entering your premises for an inspection. Of course, you can (and most employers do) consent to an inspection without the need for a warrant. And in many circumstances, consenting to the inspection may be the best approach. So before adopting a film-noir accent and demanding the inspector "come back with a damn warrant," here are four things you should consider.

Demanding warrant only prolongs the inevitable. Demanding a warrant won't prevent OSHA from carrying out its inspection; it temporarily pushes it back. To obtain a warrant, compliance officers need to establish probable cause for the search. Probable cause in this context is a low threshold. After all, the inspectors need to show only that they have a reasonable basis to believe they'll discover a violation in your workplace. The standard is easily met, for example, if (1) you've reported a workplace injury or death, (2) an employee has filed a complaint, or (3) another federal or state agency or has referred OSHA to a possible hazard.