MCC backs off bid to quash OSHA warrant

MCC International Saipan Ltd. Co., which is contracted to build the Imperial Pacific Resort in Garapan, withdrew yesterday its emergency motion to quash a federal court warrant that would allow the Occupational Safety and Health Administration to inspect the site.

MCC International counsels Robert J. O’Connor and Joseph E. Horey said they are withdrawing their pending motion to quash the warrant after reviewing U.S. Labor Secretary Thomas E. Perez’s application for a warrant and OSHA officer Rick Foster’s declaration supporting the application.

In a statement yesterday, Imperial Pacific International (CNMI), LLC said it continues to value and promote a healthy and safe work environment.

“IPI welcomes authorized federal and local agencies to inspect its Garapan construction site. IPI will coordinate authorized inspections of the Garapan site with MCC International Saipan, Ltd. Co., the principal contractor of the Garapan project.

“IPI’s principal goal is to complete construction of its Garapan project in a timely manner to ensure maximum benefit to the CNMI. IPI believes it will benefit from the inspections and welcomes guidance from inspectors.

“Following a review of the legal proceedings involving the ex parte warrant, it has been decided that all legal proceedings contesting the warrant will be withdrawn to facilitate the above objectives.

“IPI will continue to cooperate with all relevant stakeholders of the Garapan project. IPI is committed to the CNMI and its future growth,” the statement adds.

O’Connor and Horey also asked the court last Friday afternoon to vacate the briefing and hearing schedule on the motion to quash.

Following this, U.S. District Court for the NMI Chief Judge Ramona V. Manglona withdrew yesterday the emergency motion to quash and vacated its briefing schedule and hearing.

Manglona had set a hearing on MCC International’s emergency motion to quash for Wednesday, Dec. 21.

Perez had asked the federal court on Thursday to issue an ex parte warrant to inspect the construction project after Foster, an OSHA compliance safety and health officer, was allegedly denied entry to the site.

Ex parte means an application to the court by one of the parties to the action without the other party being present or heard.

Perez, through assistant U.S. attorney James Benedetto, said that, on Dec. 6, 2016, Foster arrived at the construction project to inspect it following a reported death of a worker at the worksite and a complaint reported to OSHA.

On Friday, MCC International filed the emergency motion to quash. O’Connor and Horey asserted that the warrant was not supported by proper administrative probable cause.

O’Connor and Horey said under the Fourth Amendment to the U.S. Constitution, a warrant is required for non-consensual administrative searches, including OSHA inspections.

Perez, through Benedetto, filed yesterday his opposition to the motion to quash. Benedetto said the range of injuries and the possibility of daily exposures to unsafe conditions more than justifies the OSHA warrant.

Benedetto said information that points to the potential for injured workers being brought out of the CNMI without necessary treatment must be investigated.

Benedetto said most companies find it to their advantage to work with OSHA to assure that their employees are working in safe conditions.

“There is more than sufficient probable cause for the warrant as granted by this court,” he said.

MCC International reported to OSHA that an onsite worker had a heart attack and died on Dec. 4, 2016.

Benedetto said Foster went to the site last Dec. 6 to inquire about the death and he observed what appeared to be workers exposed to fall hazards.

Benedetto said the court should deny MCC’s motion to quash so that OSHA can conduct its inspection pursuant to its warrant and continue its mission of protecting workers.