§ 28-20-14 - Procedures to counteract imminent dangers.
SECTION 28-20-14
§ 28-20-14 Procedures to counteractimminent dangers. – (a) The superior court shall have jurisdiction, upon petition of the attorneygeneral, to restrain any conditions or practices in any place of employmentwhich are such that a danger exists which could reasonably be expected to causedeath or serious physical harm immediately or before the imminence of thedanger can be eliminated through the enforcement procedures otherwise providedby this chapter. Any order issued under this section may require any steps tobe taken that may be necessary to avoid, correct, or remove the imminent dangerand prohibit the employment or presence of any individual in locations or underconditions where the imminent danger exists, except individuals whose presenceis necessary to avoid, correct, or remove the imminent danger or to maintainthe capacity of a continuous process operation to resume normal operationswithout a complete cessation of operations, or where a cessation of operationsis necessary, to permit the cessation to be accomplished in a safe and orderlymanner.
(b) Upon the filing of the petition the superior court shallhave jurisdiction to grant injunctive relief or temporary restraining orderpending the outcome of an enforcement proceeding pursuant to this chapter. Theproceeding shall be as provided by Superior Court Rules of Civil Procedure Rule65, except that no temporary restraining order issued without notice shall beeffective for a period longer than five (5) days and no security as provided inparagraph (c) of Superior Court Rules of Civil Procedure Rule 65 shall berequired of the state or its political subdivisions. No action brought underthis section shall be construed as affecting a labor dispute as defined in§ 28-10-3, nor shall the action be subject to the provisions of §28-10-2 or paragraph (e) of Superior Court Rules of Civil Procedure Rule 65.
(c) Whenever and as soon as a compliance inspector concludesthat conditions or practices described in subsection (a) of this section existin any place of employment, he or she shall inform the affected employees andemployers of the danger and that he or she is recommending to the director thatrelief be sought.
(d) If the director arbitrarily or capriciously fails to seekrelief under this section, any employee who may be injured by reason of thatfailure or the representatives of the employees may bring an action against thedirector in the superior court for the county in which the imminent danger isalleged to exist for a writ of mandamus to compel the director to seek theorder and for any further relief that may be appropriate.