be so pervasive as to justify the issuance of a warrant authorizing inspection of the entire facility. However, if one employee complaint relating to a relatively minor alleged violation of the Occupational Safety and Health Act were always permitted to form the basis of a general inspection warrant, almost any employer's premises could be inspected in totality even though no showing had been made that it was likely that a violation of the Occupational Safety and Health Act would be found in the major portion of the plant either in terms of area or in terms of operations. In such a case an inspection warrant issued on the basis of an employee complaint would authorize a search which exceeds the scope of the invasion of the employer's privacy permitted by the Fourth Amendment. See also Central Mine Equipment Co., 3 OSHD P 23,309 (E.D.Mo.1978). Consequently, the Court must determine in this case whether the scope of the warrant issued by the Magistrate was reasonable when considered against the facts which were presented to him by the Secretary.
It is the view of the Court that the search warrant which was issued in this case is entirely too broad and exceeds the permissible scope of that inspection which could constitutionally have been authorized based upon the facts set forth in the Secretary's application for a search warrant. The Secretary did not present to the Magistrate sufficient facts which would justify the conclusion that an inspection of the entire North American Car facility at Sayre, Pennsylvania was reasonably necessary to insure that the safety and health of the workers in the plant would not be jeopardized. Rather than the 170 alleged violations which were before Judge Nealon in the Berwick Forge case, Mr. Haney asserted only nine possible violations of the Occupational Safety and Health Act. His complaint identified with specificity the areas of the North American Car plant at which the violations allegedly occurred. The application made no reference to the size of the North American Car plant nor to the geographic area covered by the operations alluded to in Mr. Haney's complaint. Without those crucial facts, the Magistrate could not have compared the extent of the intrusion which was authorized by a general inspection warrant with the intrusion pursuant to a warrant limited to the areas set forth in the employee complaint. Further, there is no indication in the application for a warrant that the Secretary has discovered in the past that where violations of the type alleged by Mr. Haney are found to exist it is probable that other occupational safety and health violations exist in other parts of a facility such as the one operated in Sayre by North American Car. Consequently, the Court concludes that the warrant issued in this case should have been limited in scope to the areas identified in Mr. Haney's complaint and to such other areas as the safety and health compliance officers would necessarily be required to enter in order to determine whether the violations of the Occupational Safety and Health Act alleged by Mr. Haney had in fact occurred. Under such circumstances, it is appropriate to quash the search warrant.
North American Car also raised as a defense to the contempt proceedings the fact that the Health and Safety compliance officers, during the four or five days which they spent at the Sayre Plant, did not inspect those areas set forth in Mr. Haney's complaint and evidenced no intention of inspecting the same with any immediacy but rather inspected whatever portions of the plant they desired to inspect even after being informed by North American Car officials that their inspections would not be permitted after a certain date. Because the Court has concluded that the search warrant is overly broad and thus unenforceable, the Court will not reach the merits of North American Car's assertion that it acted reasonably in terminating the search.
The Court reaches the following
IV. Conclusions of Law.
1. The application for an administrative warrant made by the Secretary to the United States Magistrate on May 17, 1979 satisfied administrative standards for probable cause which govern the issuance of administrative search warrants pursuant to 29 U.S.C. § 657.
2. The scope of the search warrant which was issued on May 17, 1979 is not reasonably related to the matters raised in the employee complaint which was filed by an employee of the North American Car company with the Occupational Safety and Health Administration.
3. The inspection warrant issued on May 17, 1979 is invalid under the Fourth Amendment to the United States Constitution.
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