50-71-120. Stop-work orders.
371 words·~2 min read·
/mt/title-50/chapter-71/part-1/50-71-120·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
50-71-120 . Stop-work orders.
(1)The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:
(a)the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;
(b)the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and
(c)the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:
(i)immediately correct the violation; or
(ii)suspend the unsafe operation until the violation is corrected.
(2)The temporary stop-work order must be in writing and specify:
(a)the location of the workplace;
(b)the specific standard that is being violated;
(c)the nature of the risk posed by the violation;
(d)the date and the time that the temporary stop-work order is issued; and
(e)the name, employment address, and work telephone number of the person issuing the temporary stop-work order.
(3)The temporary stop-work order is effective upon communication or delivery to any one of the following:
(a)the public sector employer's onsite supervisor at the workplace;
(b)the public sector employer's manager in charge of workplace operations; or
(c)the chief executive of the public sector employer.
(4)A copy of the temporary stop-work order must be promptly posted by the department at the workplace. A posted temporary stop-work order may not be removed by any person while it is in effect.
(5)A temporary stop-work order is effective for 72 hours unless:
(a)the violation is corrected to the satisfaction of the department; or
(b)the temporary stop-work order is stayed by order of a district court judge following actual notice to the department and the public sector employer.
(6)The violation of a temporary stop-work order or the unauthorized removal of a posted copy of a temporary stop-work order is punishable as a contempt of court.
(7)As used in this section, the term "serious bodily injury" has the same meaning as provided in 45-2-101 .