Bill Vindicated

Inspectors may need warrants

When an inspector from the Labor Department's Occupational Safety and Health Administration (OSHA) tried to walk unannounced into Ferrol G. ("Bill") Barlow's shop in Pocatello, Idaho, almost three years ago, the irritated proprietor refused him entry. Barlow, an electrical and plumbing subcontractor, cited the Bill of Rights, a copy of which hangs on his office wall, and particularly the Fourth Amendment, which prohibits "unreasonable searches" of private property. The inspector, Barlow insisted, needed a search warrant to inspect his place of business. After Barlow ignored a federal judge's order to allow the inspector in, the Government went back to court, and a three-judge federal panel agreed with the contractor. Then the Government appealed, and last week the Supreme Court, in a 5-to-3 decision, ruled that Barlow, a John Birch Society Democrat, was legally right: employers can bar OSHA inspectors who do not have search warrants.

The ruling heartened many American businessmen who have become increasingly annoyed at the eight-year-old OSHA'S unscheduled safety inspection visits. U.S. Chamber of Commerce President Richard Lesher called the decision a "blow for freedom," and the National Association of Manufacturers greeted it as "good news."

In fact, it was not an undiluted victory for the businessman. The court was careful not to strip OSHA of its power to make surprise inspections; it ruled that a warrant must be obtained from a federal magistrate only if an employer demands it. Further, the court released OSHA from having to show probable cause, as in criminal searches, to get the warrant. Indeed, OSHA need not even suspect safety or health violations to request a warrant. Said OSHA'S chief, Eula Bingham: "It all depends on what the employers do. If most comply, there will be no problems. If they are not forthcoming, we will serve warrants automatically." She added that the ruling would increase paper work and bureaucratic procedures, hardly a heartening prospect for apostles of less government and less red-tape.

No one on either side of the issue believes that OSHA'S activities will be substantially affected. There may be some early delays while OSHA inspectors learn how to get warrants, but this phase should pass quickly. In any event, smart employers will probably not often insist on a warrant. Doing so may just make the inspectors more suspicious and more demanding in their inspections.

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