In re Trinity Industries, Inc.
United States Court of Appeals for the Eleventh Circuit
876 F.2d 1485 (1989)
Magistrate courts issued OSHA inspection warrants for Trinity Industries (plaintiff) and Mosher (plaintiff) worksites based on the Secretary of Labor's (defendant) programmed-inspection plans rather than any specific complaint; Mosher complied and appealed, while Trinity refused, delayed the court-ordered inspection by a day, and was fined, prompting both companies to challenge the sufficiency of the Secretary's warrant applications as lacking probable cause.
Does an OSHA warrant application meet the requisite probable cause requirement when it indicates that a specific business was chosen for an OSHA search based on a general administrative plan for the enforcement of the Act derived from neutral sources?