The Occupational Safety and Health Act empower agents of the Secretary of Labor to search the work

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The Occupational Safety and Health Act empower agents of the Secretary of Labor to search the work area of any employment facility within the act’s jurisdiction. No search warrant or other process is expressly required under the act. An OSHA inspector entered the customer service area of Barlow’s, Inc., an electrical and plumbing installation business, and stated that he wished to conduct a search of the working areas of the business. Barlow, the president and general manager, asked the inspector whether he had received any complaints about the working conditions and whether he had a search warrant. The inspector answered both questions in the negative. The inspector was denied entry into the working areas. Marshall, Secretary of Labor, argued that warrantless inspections to enforce OSHA regulations are reasonable within the meaning of the Fourth Amendment, and relied on the act, which authorizes inspection of business premises without a warrant. Should the court accept Marshall’s argument?

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