Fines Are Valid Even Though OSHA Inspector’s ID Card Had Expired
It was only after the OSHA inspector had left that a construction contractor noticed something odd: the credential card the inspector presented had expired 3 weeks earlier. So, the contractor contested the 7 citations he issued. Although the Administrative Law Judge did chop $8,000 off the fine for substantive reasons, it rejected the claim that the inspector had no authority to do the inspection and dish out the fines. The contractor appealed but the OSHA Review Commission upheld the ALJ. Authority to inspect comes not from the credential card but the laws. And the inspector’s authority was never revoked even though his card was expired. Besides, even if the expired card was an authority nullifier, the fact that the contractor didn’t look at the card when it was presented or seek to deny the inspector entry constituted consent to undergo inspection [Secretary v. Meadows Const. Co., OSHRC Docket No. 12-2142, Feb. 26, 2018].