Pub. 7 2018-2019 Issue 3

Issue 2. 2019 13 The employee was hospitalized triggering a report toOSHA under federal regulations. OSHA inspected the facility andwas granted access by the employer to look at the electrical panel area. Upon request, OSHA inspectors were provided Injury Log 300 by the employer. Upon review of Log 300, OSHA filed for a search warrant to investigate other locations at the plant where the injuries as reportedon the Log 300 hadoccurred. The search warrant was granted. Subsequently, the employer filed amotion to vacate the search warrant whichwas granted by the District Court. OSHA appealed the lower courts decision to the 11th Circuit Court of Appeals. The appeals court held that logs are merely records of injuries and not proof of OSHA vio- lations. Themere existence of injuries, the court noted in this case, does not mean that injuries were caused by OSHA violations, or justify the issuance of administrative warrant for gathering evidence of OSHA violations. Recordkeeping regulations as found in 29 CFR Part 1904 state that the recording of injuries on Log 300 does not mean that an employer is at fault or anOSHA violation has occurred. This decision serves as guidance to employers to limit OSHA inspections to the complaint area. Unless the employer consents, a judicial warrant is required under the Fourth Amendment. And if OSHA wishes to expand its search under information procured during initial inspection, the employer should seek legal counsel to limit the inspection as available under the current law. REFERENCES: https://www.osha.gov/recordkeeping/finalrule/ interp_recordkeeping_101816.html https://www.dir.ca.gov/dosh/calosha-updates/ log300-reporting.html USA v. Mar-Jac Poultry, Inc., No. 16-17745 (11th Cir. 2018) DISCLAIMER: The contents of this newsletter are merely for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and EPA/OSHA consultants for matters related to Environmental, Health & Safety. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers comply with EPA and OSHA regulations since 1987. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Our newsletters can be accessed at www.epaoshablog.com . Your comments/ questions are always welcome. Please send them to sam@cellyservices.com At BBVA Compass, we work hard to create opportunities for your financial future. We've worked within the auto-sales industry for more than 40 years to provide affordable, efficient banking solutions for auto dealers and their customers. We're especially proud of our quick credit decisions and reliable funding plans. Dealer Commercial Services • Flexible floor plan financing • Real estate term financing • Financing for acquisition and expansion • Equipment financing and leasing options All loans and accounts subject to approval, including credit approval. BBVA Compass is a trade name of Compass Bank, a member of the BBVA Group. Compass Bank, Member FDIC. 4/2018. Indirect Auto Financing A competitively priced indirect retail program for franchise dealers in Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Kansas, Mississippi, Missouri, New Mexico, Oklahoma, Tennessee, Texas and Utah. • Inventory management solutions •Online access providing continuous account management Creating Opportunities to Grow Your Dealership Roger Zucchet, SVP Commercial Banking Manager Greater San Diego 858-202-5516 Continued from Page 12