27-307. Notice to operator of dangerous
condition; compliance; failure to comply as prima facie evidence of
negligence; order to cease operations
A. If upon inspection it appears to the inspector that an operation from any cause
is in a dangerous condition or its condition fails to comply with the requirements of
law, the inspector shall at once serve written notice on the operator or the operator's
agent in charge, stating in detail why the operation is dangerous or does not comply with
law, specifying necessary changes to be made and setting a reasonable time within which
to make them.
B. The operator shall promptly make the change and comply with the notice. In an
action against a party notified as provided in subsection A for loss of life or bodily
injuries by an employee subsequent to the notice and in consequence of the dangerous
condition of the operation, a certified copy of the notice served by the inspector shall
be prima facie evidence of the negligence of the operator.
C. If it appears to the inspector from a reexamination that the changes or
compliances have not been made within the time specified in the notice, and that the
operation is still in a condition dangerous to life or health, and in the opinion of the
inspector it is necessary for the safety of the life or health of the employees that the
operation be closed, the inspector shall promptly order cessation of the operation or
part of the operation, and order that the employees not be permitted therein except to
remedy the defects complained of until this chapter is complied with to the satisfaction
of the inspector. The operator shall promptly obey the order.
D. Except as provided in section 41-1092.08, subsection H, if the operator
considers the final order to be in excess of the inspector's authority or unreasonable,
the operator may obtain judicial review of its validity or reasonableness pursuant to
title 12, chapter 7, article 6.
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