RCW 49.17.170
Injunctions—Temporary restraining orders.
(1) In addition to and after having invoked the powers of restraint vested in the director as provided in RCW 49.17.130 the superior courts of the state of Washington shall have jurisdiction upon petition of the director, through the attorney general, to enjoin any condition or practice in any workplace from which there is a substantial probability that death or serious physical harm could result to any employee immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such danger and prohibit the employment or presence of any individual in locations or under conditions where such danger exists, except individuals whose presence is necessary to avoid, correct, or remove such danger or to maintain the capacity of a continuous process operation to resume normal operation 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) Upon the filing of any such petition the superior courts of the state of Washington shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of enforcement proceedings pursuant to this chapter, except that no temporary restraining order issued without notice shall be effective for a period longer than five working days.
(3) Whenever and as soon as any authorized representative of the director concludes that a condition or practice described in subsection (1) exists in any workplace, he or she shall inform the affected employees and employers of the danger and may recommend to the director that relief be sought under this section.
(4) If the director arbitrarily or capriciously fails to invoke his or her restraining authority under RCW 49.17.130 or fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the director in the superior court for the county in which the danger is alleged to exist for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate or seek the director to exercise his or her restraining authority under RCW 49.17.130.
[ 2010 c 8 § 12014; 1973 c 80 § 17.]
Structure Revised Code of Washington
Chapter 49.17 - Washington Industrial Safety and Health Act.
49.17.022 - Legislative findings and intent—Definition of agriculture.
49.17.030 - Application of chapter—Fees and charges.
49.17.040 - Rules and regulations—Authority—Procedure.
49.17.050 - Rules and regulations—Guidelines—Standards.
49.17.060 - Employer—General safety standard—Compliance.
49.17.070 - Right of entry—Inspections and investigations—Subpoenas—Contempt.
49.17.080 - Variance from safety and health standards—Application—Contents—Procedure.
49.17.100 - Inspection—Employer and employee representatives.
49.17.110 - Compliance by employee—Violations—Notice—Review.
49.17.120 - Violations—Citations.
49.17.150 - Appeal to superior court—Review or enforcement of orders.
49.17.170 - Injunctions—Temporary restraining orders.
49.17.180 - Violations—Civil penalties.
49.17.190 - Violations—Criminal penalties.
49.17.200 - Confidentiality—Trade secrets.
49.17.220 - Records—Reports—Notice to employee exposed to harmful materials.
49.17.230 - Compliance with federal act—Agreements and acceptance of grants authorized.
49.17.240 - Safety and health standards.
49.17.243 - Safety and health investment projects—Grants or contracts—Rules.
49.17.250 - Voluntary compliance program—Consultation and advisory services.
49.17.260 - Statistics—Investigations—Reports.
49.17.270 - Administration of chapter.
49.17.285 - Medical monitoring—Records on covered pesticides—Reports.
49.17.288 - Cholinesterase monitoring—Reports.
49.17.300 - Temporary worker housing—Electricity—Storage, handling, preparation of food—Rules.
49.17.310 - Temporary worker housing—Licensing, operation, and inspection—Rules—Definition.
49.17.360 - Ergonomics Initiative—Intent.
49.17.370 - Ergonomics Initiative—Definition—Rule repeal.
49.17.400 - Construction crane safety—Definitions.
49.17.410 - Construction crane safety—Application.
49.17.420 - Construction crane certification program—Rules—Certificate of operation.
49.17.440 - Construction crane safety—Rules—Implementation.
49.17.465 - Handling hazardous drugs—Health care facilities—Rules.
49.17.480 - Asbestos plan requirements in RCW 70A.450.070(1)(b)—Penalties.
49.17.485 - Personal protective devices and equipment—Public health emergency.
49.17.490 - Temporary workers—Safety—Staffing agency and worksite employer duties.