Warrant OK’d to allow OSHA to inspect Herman’s Bakery

The federal court granted U.S. Labor Secretary Hilda L. Solis’ request for an inspection warrant to allow an officer of the Occupational Safety and Health Administration to inspect Herman’s Modern Bakery on Tun Herman Pan Road.

Solis, through assistant U.S. attorney Mikel W. Schwab, asked the U.S. District Court for the NMI on Wednesday to issue the inspection warrant after Herman’s Bakery management reportedly required OSHA to obtain a warrant before inspecting the company’s premises.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Solis’ request that same day.

Diantha Goo, OSHA compliance safety and health officer, said that Herman’s Modern Bakery Inc. was selected by OSHA on an impartial basis for a programmed general schedule inspection to check if it complies with the Amputation National Emphasis Program.

In her order, Manglona allowed Solis or a designated OSHA representative to enter the bakery’s premises during regular work hours to inspect and determine the company’s compliance with the OSHA Act. Manglona directed Goo or any OSHA officer not to disclose any information deemed a trade secret that may be obtained during the inspection.

Manglona ordered that a return shall be made to the court showing the inspection has been completed within 10 days.

According to court documents, Goo filed the return and notice of inspection on Thursday. In that notice, Goo disclosed that she was allowed entry to Herman’s Bakery and the inspection was completed on Thursday.

Goo first tried to do the inspection on July 29, 2011. She said she entered Herman’s Bakery, presented her credentials to the assistant general manager, and explained the reason for the inspection.

Goo said that after the discussion, the assistant general manager called their general manager and president, Juan T. Guerrero, who told the assistant general manager to inform Goo that if OSHA wants to make an inspection, OSHA should get a court order. Goo said that Guerrero did not tell her why a court order was necessary.

Goo then contacted her supervisor and explained the refusal of entry.

“The inspection and investigation sought herein is part of the National Emphasis Program on Amputations, a program designed to assure compliance with OSHA Act of 1970,” Goo added.

OSHA is the main federal agency charged with the enforcement of safety and health legislation.