In Re Establishment Inspection of Hern Iron Works, Inc. Department of Labor Osha v. Hern Iron Works, Inc.

On June 11, 1987, Chief Judge Marion J. Callister of the District Court of Idaho issued a warrant authorizing officers of the Occupational Safety and Health Administration (OSHA) to inspect an iron foundry in Coeur d’Alene owned and operated by Hern Iron Works (Hern Iron). On the morning of June 23, OSHA inspectors served the administrative warrant on the principal owner and chief executive officer of the company, John Hern, Jr. (Hern). Hern barred the inspectors from the corporate premises. He informed them that he would not consent to the search until his lawyers had sufficient time to examine the warrant. In the afternoon, the inspectors returned. Hern again refused entry, contending that more time was needed for proper review. This pattern was repeated twice the next day.

On July 25, Hern Iron filed a motion to quash the warrant. Shortly thereafter, OSHA officials, frustrated in their attempts to inspect the foundry, sought an order of contempt against the company. The United States Magistrate joined the two motions and issued an order to show cause. After holding an evidentiary hearing, the magistrate recommended imposition of contempt sanctions. The district court adopted…