In the Matter of Establishment of Inspection Of: Hern Iron Works, Inc. v. Raymond J. Donovan, Secretary of Labor, U. S. Department of Labor

Hern Iron Works appeals a contempt order entered against it for failure to honor an OSHA inspection warrant. The contempt order is affirmed.

FACTS AND PROCEEDINGS BELOW

Hern Iron Works, Inc., (“Hern”) operates a foundry in Coeur d’Alene, Idaho. On March 23, 1979 a Hern employee filed a complaint with the Occupational Safety & Health Administration (“OSHA”). The complaint alleged that (1) employees in the metal pouring section of the plant were required to pour molten metal without instructions, and without protective clothing, or equipment, and (2) there was no ventilation in the foundry area.

Because Hern had a history of not consenting to OSHA inspections, the government obtained a full scope inspection warrant. When the warrant was served on April 18, 1979, Hern denied entry tó OSHA officer Ronald Stokes. In early June 1979, the Department of Labor applied for an enforcement order. The district court denied the order because the warrant had been improperly issued to John Hern rather than to Hern Iron Works, Inc.

OSHA obtained a second warrant on June 22, 1979 based on the employee complaint of March 1979. When Hern refused to honor the warrant, the Department of Labor in…