76-08-B8

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More About OHSA

Transcript The other day, I said it was possible to fight city hall and even the marble halls in Washington. Here is confirmation of that fact. I mentioned a businessman in Idaho who had been encouraged by his Congressman, George Hanse, to stand up to OSHA. This isn't a case of "lets you and him fight" -- Congressman Hansen has accepted the chairmanship of an organization called "Stop OSHA". Bill Barlow and his four sons have a plumbing, heating and electrical subcontracting business in Pocatello, Idaho. They have 35 employees in their family-owned business. Bill said he knew that OSHA would get around to him sooner or later. So, in the meantime, he did a lot of studying and thinking. He came to the conclusion that such inspection of private property by government was a violation of a constitutional right under the Fourth Amendment. Incidentally, OSHA bases its right to search without a warrant on Section 8(a) of the Occupational Safety and Health Act. Well, when the inspectors finally reached the Barlow firm, Bill said "not without a warrant". You'll remember that, earlier, a lady in New Mexico had done this and was upheld by a federal court. In Bill's case, however, OSHA declined to get a warrant and obtained a court order instead. Bill refused to obey the order and was cited for contempt of court. He petitioned for the empanelling of a three-judge. court, challenging the constitutionality of Section 8(a) of the OSHA Act. On December 30th, the U.S. District Court ruled in his favor, ruled that Section 8(a) is, indeed, unconstitutional and that it "directly offends against the prohibitions of the 4th Amendment of the Constitution of the United States of America." Bill Barlow still faces the contempt citation but is hopeful it will be dismissed. So am I. Here is a citizen who, like the farmers at Concord Bridge, took a stand for what he believes is right and, thanks to him, freedom is a little more secure for all of us. This may well be a landmark decision. OSHA has announced it will appeal to the U.S. Supreme Court but, in the meantime, suspend further inspection in Idaho. Congressman Hansen has said this isn't good enough; that, pending a Supreme Court decision, inspections everywhere should be suspended. He is introducing a resolution to that effect in Congress. Powerful forces are rallying to support OSHA and first in line is the AFL-CIO. Bureaucracy itself feels threatened because OSHA isn't the only agency that has been guilty of search-and-find-guilty missions. The AFL-CIO claims that all government inspections are threatened, but this is a scare tactic exaggeration. The court, in its decision, specifically stated that heavily regulated industries; those, for example, having to do with food and drugs could be subject to warrantless inspections as a condition for obtaining licenses and that this would not be a violation of constitutional rights. The people should be on the side of Bill Barlow. All that he is asking and all that the District Court upheld is that shopkeepers, farmers and manufacturers should have the same constitutional protection we give to suspected criminals; they can't be searched without a warrant showing probable cause. This is Ronald Reagan. Thanks for listening.		Details Batch Number 76-08-B8 Production Date 01/19/1977 Book/Page RPtV-110 Audio Youtube? No
		Added Notes