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USERY v. GODFREY BRAKE & SUPPLY SERVICE, INC.

No. 76-1247.

545 F.2d 52 (1976)

W. J. USERY, Jr., Secretary of Labor, Appellant, v. GODFREY BRAKE AND SUPPLY SERVICE, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1976.

Attorney(s) appearing for the Case

Allen H. Sachsel, Appellate Sec., Civil Div., U. S. Dept. of Justice, Washington, D. C., for appellant; William J. Kilberg, Sol. of Labor, Benjamin W. Mintz, Associate Sol. for Occupational Safety & Health, Michael H. Levin, Appellate Litigation, Marc R. Hillson, Atty., U. S. Dept. of Labor, Washington, D. C., and Rex E. Lee, Asst. Atty. Gen., Washington, D. C., on brief.

Glen H. Johnson, Rapid City, S. D., for appellee; John E. Fitzgerald, Jr., Curtis S. Jensen, Rapid City, S. D., on brief.

Before BRIGHT, ROSS and WEBSTER, Circuit Judges.

ROSS, Circuit Judge.

In this case the Secretary of Labor appeals from an order of the district court which allowed an employer, Godfrey Brake and Supply Service, Inc., to condition an OSHA inspection of his work premises on the partial completion of a questionnaire submitted to the OSHA compliance officer. We reverse, finding that the statute will not permit the imposition of such a condition on the right to inspect.

Alex Salazar at the time in question was...

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