When the OSHA inspection finds that the endangered Workers Are illegally in the u.S. A story appeared in the national newspaper USA TODAY on June 7, 2006, regarding the vital, but illegal, immigrant workers who labored on post–Hurricane Katrina reconstruction in New Orleans. A study conducted by professors at Tulane University and the University of California at Berkeley found that the workers were distinctly vulnerable to exploitation due to their illegal status. Despite the fact that under federal labor law illegal workers are to be afforded the same protections as their legal counterparts, these illegal workers often worked in unsafe conditions without the benefit of safety gear and typically earned much less—$6.50 less on average—than documented workers performing the same duties. Immigrant workers can, however, sue their employers regardless of their legal status.
If OSHA inspects a site for safety violations and the inspector or suspects that illegal workers are employed at the site, should she or he be required to report this suspicion to the U.S. Immigration and Customs Enforcement (ICE) agency?