Imminent danger in workplace; petition for relief; orders;
informing employer and employees of danger; mandamus
Sec. 39.1. (a) Whenever the commissioner is of the opinion that
imminent danger exists in any workplace in this state, which
condition can reasonably be expected to cause death or serious
physical harm, the commissioner, through the attorney general, may
petition the circuit court of the county in which such workplace is
located for appropriate relief. Any order issued under this section
may require such steps to be taken as may be necessary to avoid,
correct, or remove such imminent danger and prohibit the
employment or presence of any individual in locations or under
conditions where such imminent danger exists, except individuals
whose presence is necessary to avoid, correct, or remove such
imminent danger or to maintain the capacity of a continuous process
operation to resume normal operations without a complete cessation
of operations, or where a cessation of operations is necessary, to
permit such to be accomplished in a safe and orderly manner.
(b) Whenever and as soon as an inspector concludes that
conditions or practices described in subsection (a) exist in any place
of employment, he shall inform the affected employers and
employees of the danger and that he is recommending to the
commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek
relief under this section, any employee who may be injured by reason
of such failure, or the representative of such employees, may bring
an action against the commissioner, in the circuit court of the county
in which the imminent danger is alleged to exist or the employer has
its principal office, for a writ of mandamus to compel the
commissioner to seek such an order and for such further relief as may
be appropriate.
(Formerly: Acts 1973, P.L.241, SEC.45.)
Last modified: May 27, 2006