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OSHA's Attempt to Expand Inspection of Poultry Plant Doesn't Fly

Prepared for the Katten Safety Advisory Group
Advisory | August 15, 2016

An attempt by OSHA to expand an injury investigation into a comprehensive inspection of a poultry plant was thwarted last week when a U.S. Magistrate Judge issued a recommendation to quash OSHA's search warrant. In re Mar-Jac Poultry, Inc., No. 2:16-cv-00192 (N.D. Ga. Aug. 5, 2016). The Magistrate held that the existence of a Regional Emphasis Program for Poultry Processing Facilities ("Poultry REP") and evidence of additional violations discovered during the injury investigation by OSHA did not provide a sufficient basis for initiating a comprehensive inspection into all areas of the plant under the Poultry REP....

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