Occupational Safety and Health Administration Logs

OSHA problems!?

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. If a cop arrives on the scene and your standing over a dead man with a bloody knife yelling "I KILLED HIM", should you be set free because they didnt read your rights to you? This is a technicality. OSHA may have not followed proper procedures but it doesnt mean that Carroll Corp did not violate OSHA standards.
2. That is OSHA's job. And I am glad for it. Too many short cuts are taken and puts people's lives at risk. I would enforce the violation, make them correct it, and fine them for each day they are not in compliance.
3. We need safety and health.If there is something wrong or that could be hazradous with the place then why don't they just fix it?
4. With OSHA-it is there to protect the employees not the company.Judges almost always favor with OSHA.Very seldom do they ever lose a case.If I were involved with the company in any financial way at all I'd see to the corrections,before my company was shut down.
5. I agree! Good analogy with the man and the knife!! OSHA is there to protect people like us who go to work and want to work in a SAFE environment. Do you know how many people have died due to those lil short cuts companies make?? Hopefully they will enforce those violations made and make the company fix them.
6. OSHA is a government agency, not a court of law in the judicial branch, therefore not subject to judicial constitutional rules. It is given the responsibility of investigating, accusing rule-breakers, deciding guilt, and deciding punishment. It is not unconstitutional for an agency to perform it's designed function.
7. Osha have the rights in any situation of violations against safety regulations - regardless in any state.
8. Congress writes and passes the laws OSHA uses. OSHA turns over prosecution to the Judiciary Branch. OSHA is part of the Executive branch. They don't write the laws and they are not the judges. They give fines, but anyone can then apply for a judicial review.