Dismantling or removal of equipment causing fatal accident or accident requiring hospitalization of employees prohibited under certain circumstances; questioning of persons necessary for investigation.
1. Except as otherwise provided in subsection 2, if any accident occurring in the course of employment is fatal to one or more employees or results in the hospitalization of three or more employees, and is caused, in whole or in part, by any equipment located at the site of the accident, no person may dismantle or otherwise move that equipment until the division has investigated the accident and has authorized the dismantling or removal of the equipment.
2. The provisions of subsection 1 do not apply if the dismantling or removal of the equipment is necessary to free any person trapped by the equipment or to ensure the safety of or to prevent further injury to any person. If any equipment is dismantled or moved to free a trapped person, the equipment may be dismantled or moved only to the extent necessary to free the person.
3. Upon the occurrence of an accident described in subsection 1, the employer of an injured employee shall, upon the arrival of an investigator of the Division at the site of the accident, make available for questioning in a reasonable amount of time any person employed by the employer who is determined by the investigator to be necessary for the completion of the investigation, including the immediate supervisor of any injured employee and any employee who witnessed the accident.
4. As used in this section, “accident occurring in the course of employment” does not include:
(a) An accident involving a motor vehicle that is being operated on a public highway in this state.
(b) A homicide committed at an employer’s place of business.
Last modified: February 25, 2006