Occupational Safety and Health Administration Logs

An official of OSHA inspects the Carroll Corporation, a manufacturing company. The official finds saftey viola

tions and orders the company to correct them within a certain number of days. The company refuses. In court, Carroll Corporation's attorneys argue that OSHA acted unconstitutionally because it performed all three functions of government. How would you decide? Please help I really dont get this....

Public Comments

1. That isn't how OSHA works. OSHA levies what best could be called fines, not penalties of law. If you ignore OSHA, they have the government take you to court for prosecution. A judge makes the call and can either uphold the fines as penalties or send you to jail. It is the same as getting a speeding ticket. You can pay the fine or be taken to court. OSHA is not the judiciary. The regulations OSHA enforces are enacted by Congress, not OSHA. So OSHA isn't legislative. So that leaves the executive branch, which OSHA is part. (others of your classmates have posted the same question, search for different answers).