§ 95-140. Procedures to counteract imminent dangers. - North Carolina Statutes

§95‑140.  Procedures to counteract imminent dangers.

 (a) The superior courts ofthis State shall have jurisdiction, upon petition of the Commissioner, torestrain any conditions or practices in any place of employment which are suchthat a danger exists, which could reasonably be expected to cause death orserious physical harm immediately or before the imminence of such danger can beeliminated through the enforcement procedures otherwise  provided by thisArticle. Any order issued under this section may require such steps to be takenas may be necessary to avoid, correct,  or remove such imminent danger andprohibit the employment or presence of any individual in locations or underconditions where such imminent danger exists, except those individuals whosepresence is necessary to avoid, correct or remove such imminent danger or tomaintain the capacity of a continuous process operation to assume normaloperations without a complete cessation of operations, or where a cessation ofoperations is necessary to permit such to be accomplished in a safe and orderlymanner.

 (b) Upon the filing of anysuch petition the superior court shall, without the necessity of showing anadequate remedy at law, have jurisdiction to grant injunctive relief ortemporary restraining order pending the outcome of an enforcement proceedingpursuant to this Article. The proceeding shall be as provided under thestatutes and Rules of Civil Procedure of this State except that no temporaryrestraining order issued without notice shall be effective for a period longerthan five days.

 (c) Whenever and as soon asan inspector concludes that conditions or practices described in this sectionexist in any place of employment, he shall inform the affected employees andemployers of the danger and that he is recommending to the Commissioner thatrelief be sought. If the Commissioner arbitrarily or capriciously fails to seekrelief under this section, any employee who may be injured by reason of suchfailure, or the representative of such employee, may bring an action againstthe Commissioner in the superior court of the district in which the imminentdanger is alleged to exist or the employer has its principal office or place ofbusiness, for a writ of  mandamus to compel the Commissioner to seek such anorder for such relief as may be appropriate. (1973, c. 295, s. 15.)