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 dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

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

Michael Britt

Supply Chain Director

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!

Diana Joyner

Senior Environmental Engineer

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

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

David Hertvik

Vice President

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

Download Our Latest Whitepaper

In-flight hazmat incidents can be disastrous. This guide gives 5 tips for first-time air shippers to consider before offering dangerous goods for transportation on passenger or cargo aircraft.

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.