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Show Page Ten National Enterprise , June 2, 1976 Constitutial Rights End Where OSHA Begins continued from page Three notify OS HA within 30 days and then appear for a hearing before the OSHA commission. A hearing examiner determines the facts of the case there is no trial by jury and appeal can be made only to higher district courts where costs for an attorney, travel, and time spent away from business can be prohibitive. In short, OSHA has power to write law, enforce it by bringing accusations against vio lators, and sit in judgement of the facts presented and the guilt of the accused. There you have it, Martin Powders of the legislasaid. tive, executive and judicial By its very nature, OSHA is tyrannical, Martin said. A murderer, a narcotics smuggler, even a traffic violator is afforded more constitutional rights than an employer under OSHA law, he added. branches of government. He doesnt take lightly either the words of James Madison who said, the combination of these basic functions of government in any group, regardless of how large or small, could be termed the very definition of tyranny. Guilty Until Proven Innocent To begin with, OSHA assumes an employer to be guilty while the Constitution protects the innocent until proven guilty. The accused is not afforded a trial by jury or even an impartial judge. And while police officers are required to obtain a search warrant before rummaging through an office or home, OSHA inspectors practice the no knock policy. Singling out businesses for inspection through random telephone book selection is not my idea of resonable search and seizure. OSHA inspectors have no evidence, no proof whatsoever, before entering that an employer has com mit-te- d a crime, he said. Call a Fine, a Fine" Security Brokers, Dealers, Corporate Officials, Attorneys. Furthermore, to call the fine a civil assessment is an outright fraud! Martin We distinguish charged. civil cases as those in which one party has been injured by another. Penalties are assessed on the basis of how closely monetary compensation can return the situation to status quo. There is no injury, he points out. The government is not injured by an employer whose railing is 39 inches high instead of 41 inches. Its a case of the government bringing a penalty'against a private individual. And in my book,, thats a fine . Its not that Martin is opposed to employers providing a safe work place but the manner in which they are forced to comply. He prefers, instead, advice from OSHA as to how an employer can enhance the safety of his plant or office and elimination of the stiff fines that increase costs without adding to the value or volume of products produced. From the good intent of a law allowing fire marshalls to enter a building for inspection without notice, OSHA has evolved and expanded its powers to establish a police state. its gone far enough, Martin said. He is sure the Supreme Court will find its And organization unconstitutional, if he can only get the case heard. EPSCO Earnings Lower Backlog at $3 Million the hand for sweaty palms A helping Law Seminars help you avoid problems under securi- Juristics Securities ties regulations. Theyre education on tape to protect you and your clients. Complete, current, concise seminars covering the field of Securities Law, you learn at your leisure from experts. Listen and learn while you commute to the office, while you have lunch, in the evenings as you relax at home. 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