Montana Code Annotated
Part 1. Montana Occupational Safety and Health Act
50-71-120. Stop-work orders

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.
History: En. Sec. 10, Ch. 27, L. 2009.

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