8 AAC 61.100 - Imminent danger

(a) When a representative of the department concludes that in a place of employment a condition or practice exists that creates an imminent danger, the representative shall immediately ask the commissioner or the commissioner's authorized designee to issue an order restraining the condition or practice creating the imminent danger. If a restraining order is issued, the representative shall post it immediately and prominently at or near the condition or practice that creates the imminent danger.

(b) When the department's representative concludes that a condition or practice exists that creates an imminent danger, the representative shall immediately inform the employer, employees, and the employees' authorized representative, if known and readily available, of the danger and the action taken or recommended. For the purpose of this subsection, verbal notice is sufficient.

(c) Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger, even though after notice of the danger the employer immediately eliminates the immediacy of the danger and institutes steps to abate it.

(d) An imminent danger is a condition or practice in a place of employment which could reasonably be expected to cause death or serious physical harm, either immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter.

Notes

8 AAC 61.100

Eff. 1/10/75, Register 53; am 7/28/2013, Register 207

Authority:AS 18.60.020

AS 18.60.096