Occupational Safety and Health Administration Logs

Will you help me answer this question about OSHA?

I have a bit of trouble answering this for a Business Law class. Here's the question. An official of the Occupational Safety and Health Administration (OSHA) inspects the Carroll Corporation, a manufacturing company. The official finds safety violations 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?

Public Comments

1. a bit of trouble? can you be more specific so we can assist you instead of doing your homework for you? this IS the ethics section after all - what would be ethical about us doing homework and you taking the credit for our work?
2. the argument is that the official from OSHA acted as inspector (found the safety violations and possibly interpreted the law), enforced action (told the company to remediate the violations). The actual inspector him/herself has very little power to enforce the found violations. They take photos and notes and statements and present their findings to a supervisor who decides from there. UNLESS the violation is immediately dangerous to life and health. Also you don't state but I would suppose that this is OSHRC (which is OSHA judicial review) or is it a regular courtroom-important because of preponderance of evidence or beyond a doubt arguments may come into play. HOW I WOULD DECIDE-I would side with OSHA simply because of OSH law 5a-which states that the employer shall provide a workplace free from known hazards. Once the hazards were pointed out they needed to be corrected.
3. i would fire the attorney, because he doesnt have any idea about the law. when dealing with any agency, department, board, bureau,organization, etc. in the executive branch of govenment, the Admistrative Procedures Act is in effect. There are no exceptions to this law. To move this matter into a different branch of government, the state MUST follow the law. If they do not, all you have to do is ask the judge for the proper papers, and if he doesnt not have them he must dismiss the case.
4. With OSHA it works like this: Laws enacted - Congress only. Law implementation - OSHA / Executive Branch - OSHA writes the regulations based on the laws Congress passes. Law Enforcement - Courts - OSHA turns over everything to the attorney generals or equivalent if you do not AGREE to the fines. OSHA does not prosecute.