23-419. Imminent dangers
A. The superior court has jurisdiction upon filing of a verified complaint by the
commission to restrain any conditions or practices in any place of employment which are
such that a danger exists which could reasonably be expected to cause death or serious
physical harm immediately or before the imminence of such danger can be eliminated
through the enforcement procedures otherwise provided by this article. 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
or where a cessation of operations is necessary, to permit such to be accomplished in a
safe and orderly manner.
B. Upon the filing of any such complaint the superior court has jurisdiction to
grant such injunctive relief or temporary restraining order pending the outcome of an
enforcement proceeding pursuant to this article. The proceeding shall be as provided by
the rules of civil procedure.
C. Whenever, and as soon as the commission or its authorized representative
concludes that conditions or practices described in subsection A exist in any place of
employment, it shall inform the affected employees and employers of the danger and that
it is recommending that relief be sought.
D. If the commission or its authorized representative 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
commission in superior court for a writ of mandamus to compel the commission to seek such
an order and for such further relief as may be appropriate.
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