23-419. Imminent dangers

A. The superior court has jurisdiction upon filing of a verified complaint by the commission to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.

B. Upon the filing of any such complaint the superior court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.

C. Whenever, and as soon as the commission or its authorized representative concludes that conditions or practices described in subsection A exist in any place of employment, it shall inform the affected employees and employers of the danger and that it is recommending that relief be sought.

D. If the commission or its authorized representative arbitrarily or capriciously 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 commission in superior court for a writ of mandamus to compel the commission to seek such an order and for such further relief as may be appropriate.