618.545 - Emergency orders of Administrator; injunctive relief.
618.545 Emergency orders of Administrator; injunctive relief.
1. The Administrator may issue an emergency order 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 the danger can be eliminated through the other enforcement procedures 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 the imminent danger and prohibit the employment or presence of any person in locations or under conditions where the imminent danger exists, except persons whose presence is necessary to avoid, correct or remove the 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 it to be accomplished in a safe and orderly manner.
2. An order issued pursuant to subsection 1 becomes effective upon delivery to the employer or other person in charge of the place of employment where the danger exists. If, within 15 days after the effective date of the order, the employer fails to notify the Division that the employer wishes to contest the order, the order shall be deemed a final order and is not subject to review by any court or agency. If the employer contests the order within 15 days after the effective date of the order and the Division does not rescind or modify the order as requested, the employer may petition the court for relief. Upon the filing of such a petition, the district court may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter.
3. Whenever and as soon as a representative of the Division concludes that conditions or practices described in subsection 1 exist in any place of employment, the representative shall inform the affected employees and employers of the danger and that he or she is recommending to the Administrator that an emergency order be issued.
(Added to NRS by 1973, 1014; A 1975, 773; 1981, 1515; 1989, 471)
NRS 618.555 Mandamus to compel Administrator to issue emergency order. If the Administrator arbitrarily or capriciously fails to issue an emergency order pursuant to NRS 618.545, any employee who may be injured by reason of such failure, or the representative of such employees may bring an action against the Administrator in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the Administrator to issue such an order and for such further relief as may be appropriate.
(Added to NRS by 1973, 1015; A 1975, 773; 1981, 1538; 1989, 472)