Recently, the California Court of Appeal reviewed an appeal regarding citations issued against a sheet metal company, Nolte Sheet Metal in Nolte Sheet Metal, Inc. v. Occupational Safety and Health Appeals Board.

One of the issues presented was whether Nolte freely and voluntarily consented to a Cal/OSHA inspection. Under the California Labor Code, Cal/OSHA

California’s public and private employers are prohibited from voluntarily consenting to a federal immigration enforcement agent’s request to enter nonpublic areas in the workplace or to voluntarily allow the agent access to employee records unless the agent provides a judicial warrant. Labor Code 90.2(a)(1).

Employers also must provide notice to employees, called a Pre-Inspection Notice.