Marshall v. Barlow’s Inc

Posted in Human Resource Terms, Total Reads: 414
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Definition: Marshall v. Barlow’s Inc

Refers to 436 U.S. 307 (1978). In 1975, an inspector claiming to be from the Occupational Safety and Health Administration (OSHA) showed up at Barlow’s, Inc., an electrical and plumbing installation business.


The inspector asked the president (Bill Barlow) to be let inside into the non-public premises to conduct inspection. After finding out that the inspector did not have a warrant, Barlow refused. Three months later, the Secretary of OSHA made a petition at the United States District Court for the District of Idaho to order Barlow to grant entry to the inspector. After the district court made such an order, the inspector presented it to Barlow.


However, Barlow again refused and moved court to seek injunctive relief against OSHA inspections. The Secretary appealed, maintaining that inspections without warrant were reasonable and cited precedents. The Court eventually affirmed the judgment of the district court in the owner’s favour.


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