When the request is made in person, the information must be provided in hard copy within 4 hours. the purdue boilermakers football christmas ugly sweater If the information is being transmitted to the establishment from
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Paragraphs 1904.40 and of the final rule require records to be made available to a government inspector within 4 business hours of an oral request for the records, using the business the purdue boilermakers football christmas ugly sweater hours of the establishment at which the records are located. These commenters appear to be arguing that including a subpoena or warrant enforcement mechanism in the text of the rule is necessary to adequately protect their Fourth Amendment right to privacy. This is not the case, however. The Fourth Amendment protects against “unreasonable” intrusions by the government into private places and things. Reporting rules that do not depend on subpoena or warrant powers are not “unreasonable” per se.
See e.g., California Bankers Ass’n v. Shultz, 416 U.S. 21, 67 (upholding reporting regulation issued under the Bank Secrecy Act of 1970 that did not provide for subpoenas or warrants where the “information was sufficiently described and limited in nature and sufficiently related to a tenable Congressional determination” that the information would have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings). his provision would require employers to give OSHA a copy of a Form 300 and 301. This proposal flies in the face of court decisions holding that employers may not be penalized for declining to provide current Form 101 upon request and that, to gain access to them, OSHA must proceed by subpoena or inspection warrant. Secretary v. Taft Broadcasting Co., 849 F.2d 990 (6th Cir. 1988); Brock v. Emerson Electric Co., 834 F.2d 994 (11th Cir. 1987). These decisions are based on an employer’s constitutional rights and they are not subject to change by OSHA regulation.