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88-11
88.11 PROCEDURES TO COUNTERACT IMMINENT DANGERS.
1. Imminent danger orders. The district court of the county
in which the imminent danger is alleged to exist shall have
jurisdiction, upon petition of the commissioner, to restrain any
conditions or practices in any place of employment which are such
that a danger exists which will 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 chapter. In the event the appropriate trial judge
is not available, any judge of the judicial district in which such
county is located shall have authority to issue orders under this
section. 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.
2. Imminent danger proceedings. Upon the filing of any such
petition the said district court shall have jurisdiction to grant
such injunctive relief or temporary restraining order pending the
outcome of an enforcement proceeding pursuant to this chapter. The
proceedings shall be as provided by the Iowa rules of civil
procedure. No temporary restraining order issued without notice
shall be effective for a period longer than five days.
3. Notification. Whenever and as soon as an inspector
concludes that the conditions or practices described in subsection 1
of this section exist in any place of employment, the inspector shall
inform the affected employees and employers of the danger and that
the inspector is recommending to the commissioner that relief be
sought. The commissioner shall adopt rules prescribing the
procedures in enforcing imminent danger orders which procedures shall
reasonably conform to those promulgated under the federal law insofar
as the same do not conflict with state law.
4. Employee's rights. 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 authorized
employee representative, may bring an action against the said
commissioner in the district court of the county in which the
imminent danger is alleged to exist or in which the employer's
principal office is located, for a writ of mandamus to compel the
commissioner to seek such an order and for such further relief as may
be appropriate. Section History: Early Form
[C66, 71, § 88A.17; C73, 75, 77, 79, 81, § 88.11]
Referred to in § 88.3
