50-71-120. Stop-work orders.

MONTANA STATUTES AND CODES

     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.