April 22, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
Download PDF
The U.S. Poultry & Egg Association (“U.S. Poultry) stated in an April 18th news release concerns about United States Occupational Safety and Health Administration (“OSHA”):
…recent attempts to expand OSHA authority to conduct wall-to-wall inspections of poultry facilities whenever they receive notice of any accident or employee complaint.
U.S. Poultry, along with the National Chicken Council and National Turkey Federation, acknowledge OSHA’s inspection authority but state there are legal limits on when and how such inspections should be conducted.
U.S. Poultry lists activities it is currently undertaking in cooperation with OSHA stating:
While the industry agrees that dedicated investigation of accidents directs concentrated effort and resources for successful strengthening of safety procedures, in a letter to OSHA on Mar. 4, the industry requested that OSHA abide by well-established rules governing the process to select facilities for inspections. The letter was written in response to an announcement form OSHA that the agency would use any accident, complaint or referral at every poultry processing facility as a pretext for conducting a wall-to-wall inspection. The poultry industry expressed its concern that OSHA’s plan overstepped the legal boundaries of the Fourth Amendment’s bar on unreasonable searches and seizures. These boundaries have been recognized by the U.S. Supreme Court in Marshall v. Barlow’s, and decisions by the Sixth and Eleventh Circuit Courts of Appeals in Trinity Industries and Sarasota Concrete held that OSHA must comply with the U.S. Constitution in this regard.
The referenced March 4th letter from U.S. Poultry addresses more specifically:
- Regional Emphasis Programs and an October 28th OSHA memorandum
- Selection criteria
- Constitutional concerns
Click here to download a copy of the news release and March 4th letter.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.