Salwasser Manufacturing Co. v. Occupational Safety & Health Appeals Board
262 Cal. Rptr. 836, 214 Cal.App.3d 625, 1989 CCH OSHD 28,759 (1989)
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Rule of Law:
An inspection warrant for the California Occupational Safety and Health Act (Cal-OSHA), based on an employee complaint, does not require the strict probable cause standard used in criminal cases. Instead, it requires a lesser 'administrative probable cause,' which is satisfied by specific evidence sufficient to support a reasonable belief that a safety violation has been or is being committed.
Facts:
- On January 30, 1986, an employee of Salwasser Manufacturing Co., Inc. contacted the Division of Occupational Safety and Health (Division) to report numerous safety violations at the company's facility.
- Following the initial report, an industrial hygienist and two safety engineers from the Division discussed the alleged violations with the employee on at least three occasions.
- Based on these detailed conversations, the Division personnel formed the belief that violations of Cal-OSHA probably existed at the Salwasser plant.
- The industrial hygienist prepared a declaration for a magistrate detailing the employee's specific complaints, which included unguarded machinery, improper use of flammable liquids, unsafe electrical wiring, and inadequate paint areas.
- The Division contacted the employee again just before seeking the warrant to confirm that the hazardous conditions still existed.
Procedural Posture:
- The Division of Occupational Safety and Health obtained an inspection warrant from the superior court based on a declaration from an industrial hygienist.
- Following an inspection, the Division cited Salwasser for numerous safety violations.
- Salwasser appealed the citations to the Occupational Health and Safety Appeals Board (Board), seeking to suppress evidence from the inspection by challenging the warrant's validity.
- The Board denied Salwasser’s appeal and upheld the citations.
- Salwasser filed a petition for a writ of mandate in the superior court to overturn the Board's decision.
- The superior court denied the petition, finding the warrant was properly supported and not overly broad.
- Salwasser (appellant) appealed the superior court's denial to the Court of Appeal, with the Board as respondent.
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Issue:
Does a warrant application for a Cal-OSHA inspection, based on a specific employee complaint, require a showing of probable cause equivalent to the standard used for criminal search warrants?
Opinions:
Majority - Franson, P. J.
No. A Cal-OSHA inspection warrant based on an employee complaint does not require the probable cause standard applicable to criminal searches. The court held that the lesser standard of administrative probable cause is appropriate, which requires only a reasonable belief that a violation is occurring. The court distinguished its prior holding in Salwasser I, clarifying that it only prohibited routine, suspicionless inspections, not those based on specific evidence. It adopted the federal standard for OSHA warrants, reasoning that the primary purpose of a Cal-OSHA inspection is regulatory—to ensure worker safety—not to uncover evidence of a crime. Applying a criminal standard would be unworkable and would frustrate the legislative goal of maintaining safe workplaces. The declaration here was sufficient because it detailed the substance of the complaint and provided a basis for crediting the employee's reliability, allowing the magistrate to make an independent judgment.
Analysis:
This decision clarifies the probable cause standard for non-routine, complaint-based Cal-OSHA inspections, aligning California's standard with the established federal rule for OSHA. By rejecting the argument that potential criminal sanctions under Cal-OSHA automatically trigger the higher criminal probable cause standard for administrative searches, the court created a more practical framework. This precedent makes it easier for the Division to obtain warrants based on credible employee tips, thereby strengthening its ability to enforce workplace safety regulations without needing the level of corroboration required in a criminal investigation.
