Search

Can an Employer Refuse an OSHA Inspection?

Posted on 3/31/2025 by Lion Technology Inc.

A US District Court recently affirmed OSHA’s authority to enter workplaces for the purpose of conducting inspections and investigations, and ruled that OSHA may select workplaces for inspection at random or by using some types of "relevant statistics."

The court's decision came in response to a New Jersey employer who challenged OSHA's legal authority for conducting an inspection. Staff at the site refused entry to the OSHA officer, and the officer ultimately left the facility without performing the inspection. 

OSHA's enforcement office followed up with the company's legal counsel, but was not successful in gaining permission to inspect the facility. Next, OSHA applied for (and was granted) a warrant to "enter, inspect, and investigate" the facility. The employer then sought to quash the warrant, arguing that OSHA was exceeding its authority under the OSH Act and the US Constitution.

In ruling for OSHA in this case, the court writes: 

"Even in the wake of Loper Bright and the abrogation of deference to agency determinations, [the employer] cites no authority for the  Court  to  find  that Congress’s  directive to OSHA to promulgate  inspection  plans  under  29  U.S.C. §   657(g) is so ambiguous that this Court could find that SST-23 exceeds OSHA’s authority."

Can an Employer Refuse an OSHA Inspection?

What Gives OSHA Authority to Inspect Workplaces?

The Occupational Safety and Health Act of 1970 or OSH Act authorizes OSHA to enter workplaces and perform inspections or investigations. The law states that OSHA may: 
  • "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; and...

  • To inspect and investigate during regular working hours and at other reasonable times… any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent, or employee."

29 USC §657(a)(1—2)

The law also says OSHA may prescribe rules and regulations, “…including rules and regulations dealing with the inspection of an employer’s establishment...” and that the agency may “compile, analyze, and publish” any information obtained during an investigation or inspection.
 

Self-paced, Online OSHA Health & Safety Training

Get online OSHA safety training that prepares workers to identify and protect themselves from workplace health and safety hazards, including many of OSHA's Top 10 Most Cited Standards.

Tags: osha, OSHA compliance

Find a Post

Compliance Archives

Lion - Quotes

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information.

Morgan Bliss

Principal Industrial Hygienist

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

Energetic/enthusiastic! Made training enjoyable, understandable and fun!

Amanda Walsh

Hazardous Waste Professional

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Download Our Latest Whitepaper

This guide will help you identify 25 of the most -cited errors in RCRA training, recordkeeping, hazardous waste ID, container management, universal waste, and laboratories.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.