Workplace Safety D5

Consider the decision of the U.S. Court of Appeals for the Seventh Circuit in Matter of Cerro Copper Products Co., 752 F.2d 280 (7th Cir. 1985) Download Matter of Cerro Copper Products Co., 752 F.2d 280 (7th Cir. 1985).

What factors do you think were the most important in convincing the appeals court to disagree with the trial court and grant OSHA a warrant to conduct an inspection of Cerro’s entire plant?
Change three facts in the case that you think would have supported a decision to deny OSHA’s application for a warrant. For each change, explain why you think the change could have altered the result.

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