Description

In Chapter 43 the topic of Administrative Law is covered.  We learn that Administrative Agencies may investigate businesses within its purview to monitor compliance with administrative rules.  Most investigations follow inspections or searches that abide by due process rules.

Between my freshman and sophomore years of college, a professor at Linfield (not me!) worked for a pool company. His essential duties were pouring chemicals (chlorine and muriatic acid) into large and small containers and delivering the chemicals to client businesses.  When he first started my summer job, he was told to wear old clothes and shown generally how to pour the chemicals.  He was not provided any eye protection, rubber gloves or any suitable clothing for the job.  The chlorine was kept on site in a jerry-rigged old tub/pool parts and the muriatic acid (corrosive and highly caustic) was kept at an old barn about a mile away with only a rope between two posts over the driveway with a lock to keep the public out (there was a day care within the vicinity).  At the barn there was no clean water, no fencing and only rocks on the ground on which the muriatic drums sat.  The whole operation could be dismantled in an hour if need be.   During that summer, he experienced the following:

• Potentially permanent (fortunately only temporary) loss of vision in one eye when the valve of the chlorine dispenser malfunctioned and a burst of chlorine hit directly in my eye
• Burns to his legs and arms from pouring muriatic acid.  Scars remained on his legs for a few years afterwards.
• Destruction of a number of pairs of shoes due to the exposure to the chemicals (one was high top leather Converse that he really loved)
• He was onlypaid $4.05 per hour!!! – This rate satisfied the minimum wage requirements at the time.

The text points out that under some circumstances a search of a business may occur without a warrant.  Given the scenario noted here, do you believe OSHA and/or another administrative agency could have conducted a warrantless search at the pool company for whom he worked?  If so, under what theories?

 

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