Associate Safety Professional Practice Exam

Marshall v. Barlow addressed what legal issue concerning OSHA?

1. The right to conduct inspections

2. The right of entry

3. The right to impose fines

4. The right to terminate dangerous jobs

The correct answer is: The right of entry

The case of Marshall v. Barlow focused on the legal issue of the right of entry, particularly concerning Occupational Safety and Health Administration (OSHA) inspections. In this case, the Supreme Court held that OSHA inspectors do not have the right to enter a private workplace without a warrant, thereby reinforcing the legal protections against unreasonable searches and seizures under the Fourth Amendment. This decision set a precedent that employers have the right to refuse entry to inspectors unless a warrant is obtained, thereby emphasizing the importance of private property rights in the context of regulatory compliance. Understanding this context is crucial for safety professionals, as it highlights the balance between regulatory authority and individual rights. Recognizing the limitations on OSHA's authority is essential for ensuring that inspections are conducted lawfully and with respect for employer rights.