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 excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping 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

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

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

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

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

Tom Berndt

HSE Coordinator

Download Our Latest Whitepaper

Knowing why TSDFs reject loads of hazardous waste—and the exact steps to follow if it happens—can reduce your anxiety and uncertainty about rejection.

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.