Eleventh Circuit Limits OSHA's Ability To Use OSHA Form 300 Logs To Obtain An Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court's order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully challenged the district court's finding that the agency lacked administrative probable cause based on injuries noted on a company's OSHA Form 300 logs. While the decision is unpublished, its sound reasoning may impair OSHA's ability to rely upon 300 logs as the basis for obtaining an administrative search warrant. United States v. Mar-Jac Poultry, Inc., No. 16-17745.

Factual Background

The genesis of this case was an employee injury and hospitalization. An employee at the Mar-Jac poultry processing facility received severe burns from an arc flash as he tried to repair an electrical panel with an uninsulated screwdriver. OSHA initiated an inspection after receiving the report of the employee injury. The inspectors arrived and requested to perform a comprehensive inspection of the entire facility for additional hazards. The company objected but permitted a limited inspection of the accident site, wherein OSHA found violations.

OSHA also requested the facility's 300 logs during the inspection. After reviewing the logs, OSHA concluded that there were violations in six different areas common to poultry facilities. These categories of concern were also categories listed in the Region IV Regional Emphasis Program (REP) for Poultry Processing Facilities. OSHA sought an administrative search warrant and claimed that it had probable cause to conduct a comprehensive inspection because if there were injuries noted on the 300 logs, there had to be violations.

The magistrate judge initially granted OSHA's request for a warrant. After an emergency motion to quash, the magistrate judge reversed the decision and recommended that the motion to quash be granted. The district court adopted that recommendation on two grounds: (1) that OSHA failed to demonstrate probable cause that violations existed based on the 300 logs; and (2) that, under the REP, OSHA failed to prove that the facility was selected on the basis of neutral criteria. OSHA decided to appeal the decision to the Eleventh Circuit instead of seeking a new, limited warrant.

The Appeal

OSHA raised three issues on appeal. First, the agency asserted that the district court erred by requiring OSHA to show that employees had been injured as a result of violations. Second, it stated that the...