Discuss positive-negative aspects of requiring a warrant


Discuss the following in detail:

One of the topics that consistently gets discussed under the realm of workers' compensation is the topic of reducing costs. How do you think worker' compensation costs could be reduced in your place of work? If you are not currently working, use your last job, or use an industry that you are familiar with as an example.

In the case, Marshall v. Barlow's, Inc. in 1978, the U.S. Supreme Court ruled that the 4th Amendment to the U.S. Constitution required a warrant for a nonconsensual OSHA inspection. Changes to 29 CFR 1903.4 allows OSHA to obtain warrants without the owner's knowledge under appropriate circumstances, which allows inspections to proceed without advance warning. However, in cases where OSHA shows up at a facility with no prior notice and does not obtain a warrant on an ex parte basis, the owner may require a warrant to be obtained prior to allowing an inspection to occur. Some companies have standing rules to require warrants for all inspections.

Discuss the positive and negative aspects of requiring a warrant prior to allowing any OSHA inspection to occur at a facility. Provide sound reasoning for your answer.

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