Sec. 31-380. Enjoining of conditions or practices at places of employment. Mandamus against commissioner for failure to act.
Sec. 31-380. Enjoining of conditions or practices at places of employment.
Mandamus against commissioner for failure to act. (a) The Superior Court shall have
jurisdiction upon petition by the commissioner to restrain or enjoin 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 chapter. 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 operation is necessary, to permit such
to be accomplished in a safe and orderly manner. No temporary restraining order issued
without notice shall be effective more than five days.
(b) Whenever and as soon as an inspector concludes that conditions or practices
described in subsection (a) of this section exist in any place of employment, he shall
inform the affected employees and employer or owner of such danger and shall further
inform such persons 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 failure, or the representative of such employee, may bring an action against the
commissioner in the superior court for the judicial district in which the imminent danger
is alleged to exist or where the employer or owner 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.
(P.A. 73-379, S. 14, 21; P.A. 74-137, S. 17, 18, 21; P.A. 76-436, S. 266, 681; P.A. 78-280, S. 1, 127.)
History: P.A. 74-137 added reference to place where "owner" has principal office in Subsec. (c); P.A. 76-436 replaced
court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted reference to counties.