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Code · Kentucky · Chapter 338 — Occupational safety and health of employees

338.131 Abatement of danger -- Commissioner may apply for injunction.

171 words·~1 min read·/ky/chapter-338/338-131

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Whenever an authorized representative of the commissioner determines that
conditions in any place of employment are of an imminent danger which reasonably
could be expected to cause death or serious physical harm, then he or she shall order
the danger to be immediately abated. 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)In the event the danger is not abated immediately, the commissioner shall apply to
the Franklin Circuit Court for an order to restrain such condition or practice.
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