Lion.com will be offline from 5 PM to 6 PM ET on Friday, February 27, for planned updates. Online training support is available via support@lion.com.
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 training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

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.