34A-6-305 - Injunction proceedings. - Utah Statutes

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Statutes > Utah > Title-34a > Chapter-06 > 34a-6-305

34A-6-305. Injunction proceedings.
(1) The district courts shall have jurisdiction, upon petition of the administrator to restrainany conditions or practices in any place of employment where danger exists which couldreasonably be expected to cause death or physical harm immediately or before the imminence ofsuch danger can be eliminated through enforcement procedures provided by this chapter. Anyorder issued under this section may require that necessary steps be taken to avoid, correct, orremove imminent danger or prohibit the employment or presence of any individual in locations orunder conditions where imminent danger exists, except individuals whose presence is necessaryto avoid, correct, or remove imminent danger or maintain the capacity of a continuous processoperation so that normal operations can be resumed without a complete cessation of operations,or where cessation of operations is necessary, to permit such to be accomplished in a safe andorderly manner.
(2) The district courts shall have jurisdiction upon petition to grant injunctive relief ortemporary restraining orders pending the outcome of any enforcement proceeding pursuant to thisact pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restrainingorder issued without notice shall be effective for more than five days.
(3) Whenever an inspector concludes that imminent danger exists in any place ofemployment, the inspector shall inform the affected employees and employers of the danger andthat the inspector is recommending to the administrator that relief be sought.
(4) If the administrator 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 suchemployees, may bring an action against the administrator in the district court of the county inwhich the imminent danger is alleged to exist or the employer has its principal office, for a writ ofmandamus and for further appropriate relief.

Renumbered and Amended by Chapter 375, 1997 General Session

State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-06 > 34a-6-305

34A-6-305. Injunction proceedings.
(1) The district courts shall have jurisdiction, upon petition of the administrator to restrainany conditions or practices in any place of employment where danger exists which couldreasonably be expected to cause death or physical harm immediately or before the imminence ofsuch danger can be eliminated through enforcement procedures provided by this chapter. Anyorder issued under this section may require that necessary steps be taken to avoid, correct, orremove imminent danger or prohibit the employment or presence of any individual in locations orunder conditions where imminent danger exists, except individuals whose presence is necessaryto avoid, correct, or remove imminent danger or maintain the capacity of a continuous processoperation so that normal operations can be resumed without a complete cessation of operations,or where cessation of operations is necessary, to permit such to be accomplished in a safe andorderly manner.
(2) The district courts shall have jurisdiction upon petition to grant injunctive relief ortemporary restraining orders pending the outcome of any enforcement proceeding pursuant to thisact pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restrainingorder issued without notice shall be effective for more than five days.
(3) Whenever an inspector concludes that imminent danger exists in any place ofemployment, the inspector shall inform the affected employees and employers of the danger andthat the inspector is recommending to the administrator that relief be sought.
(4) If the administrator 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 suchemployees, may bring an action against the administrator in the district court of the county inwhich the imminent danger is alleged to exist or the employer has its principal office, for a writ ofmandamus and for further appropriate relief.

Renumbered and Amended by Chapter 375, 1997 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-06 > 34a-6-305

34A-6-305. Injunction proceedings.
(1) The district courts shall have jurisdiction, upon petition of the administrator to restrainany conditions or practices in any place of employment where danger exists which couldreasonably be expected to cause death or physical harm immediately or before the imminence ofsuch danger can be eliminated through enforcement procedures provided by this chapter. Anyorder issued under this section may require that necessary steps be taken to avoid, correct, orremove imminent danger or prohibit the employment or presence of any individual in locations orunder conditions where imminent danger exists, except individuals whose presence is necessaryto avoid, correct, or remove imminent danger or maintain the capacity of a continuous processoperation so that normal operations can be resumed without a complete cessation of operations,or where cessation of operations is necessary, to permit such to be accomplished in a safe andorderly manner.
(2) The district courts shall have jurisdiction upon petition to grant injunctive relief ortemporary restraining orders pending the outcome of any enforcement proceeding pursuant to thisact pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restrainingorder issued without notice shall be effective for more than five days.
(3) Whenever an inspector concludes that imminent danger exists in any place ofemployment, the inspector shall inform the affected employees and employers of the danger andthat the inspector is recommending to the administrator that relief be sought.
(4) If the administrator 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 suchemployees, may bring an action against the administrator in the district court of the county inwhich the imminent danger is alleged to exist or the employer has its principal office, for a writ ofmandamus and for further appropriate relief.

Renumbered and Amended by Chapter 375, 1997 General Session