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USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018)

Articles Discussing Case:

Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

Ogletree Deakins • October 17, 2018
On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully challenged the district court’s finding that the agency lacked administrative probable cause based on injuries noted on a company’s OSHA Form 300 logs. While the decision is unpublished, its sound reasoning may impair OSHA’s ability to rely upon 300 logs as the basis for obtaining an administrative search warrant. United States v. Mar-Jac Poultry, Inc., No. 16-17745.

11th Circuit Deals Blow to OSHA’s Inspection Authority

Jackson Lewis P.C. • October 15, 2018
Last week the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s order quashing an administrative warrant for the inspection of a poultry processing plant. USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018). In February 2016, an employee of Mar-Jac Poultry, Inc. (“Mar-Jac”) was injured while repairing an electrical panel requiring the employee to be hospitalized. Pursuant to Section 1904.39, Mar-Jac reported the hospitalization to OSHA.