Raymond J. Donovan, Secretary of Labor v. Burlington Northern Inc.

Good Law
694 F.2d 1213·11 BNA OSHC 1055·11 OSHC (BNA) 1055·1982 U.S. App. LEXIS 23134
United States Court of Appeals for the Ninth CircuitDecember 21, 198281-3287California1,605 words

Opinion

Opinion

Choy, J.

The Secretary of Labor appeals from the district court’s grant of Burlington Northern Inc.’s motion to quash an administrative search warrant as overbroad. See Donovan v. Burlington Northern Inc., 521 F.Supp. 99 (D.Mont.1981). This appeal calls into question the permissible scope of an Occupational Safety and Health Administration (OSHA) search warrant based on an employee complaint under 29 U.S.C. § 657 (f). In light of Hern Iron Works v. Donovan, 670 F.2d 838 (9th Cir.1982), cert. denied, - U.S. -, 103 S.Ct. 69 , 74 L.Ed.2d 69 (1982), decided after the district court quashed the administrative warrant here, we reverse and remand.

I. Background

On December 3, 1980, on the basis of a Burlington Northern employee’s formal complaint to OSHA and a Burlington Northern memorandum which had been posted on the work premises and which corroborated a portion of the employee’s complaint, OSHA obtained a warrant from a federal magistrate to inspect Burlington Northern’s freight-car repair facility in Laurel, Montana. Later that day, Burlington Northern employees refused to allow OSHA inspectors serving the warrant to enter the premises.

Consequently, on December 4, 1980, OSHA petitioned…

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