Please wait while we create your Custom Book...  Table of
Contents  The Legal Environment of Business, v. 1.0   5.6 Cases
Marshall v. Barlow’s, Inc.  Marshall v. Barlow’s, Inc.  436 U.S.
307 (U.S. Supreme Court 1978)  MR. JUSTICE WHITE delivered the
opinion of the Court.  Section 8(a) of the Occupational Safety
and Health Act of 1970 (OSHA or Act) empowers agents of the
Secretary of Labor (Secretary) to search the work area of any
employment facility within the Act’s jurisdiction. The purpose
of the search is to inspect for safety hazards and violations of
OSHA regulations. No search warrant or other process is
expressly required under the Act.  On the morning of September
11, 1975, an OSHA inspector entered the customer service area of
Barlow’s, Inc., an electrical and plumbing installation business
located in Pocatello, Idaho. The president and general manager,
Ferrol G. “Bill” Barlow, was on hand; and the OSHA inspector,
after showing his credentials, informed Mr. Barlow that he
wished to conduct a search