Montana Code 50-71-119. Report of inspection — violations — penalty — appeal process
50-71-119. Report of inspection — violations — penalty — appeal process. (1) (a) The department shall make a written report of each inspection conducted under 50-71-118.
Terms Used In Montana Code 50-71-119
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 50-71-112
- Employee: has the meaning provided in 39-71-118. See Montana Code 50-71-112
- Employer: has the meaning provided in 39-71-117. See Montana Code 50-71-112
- Health: means protection against occupational illness. See Montana Code 50-71-112
- Inspection: means an onsite review of a workplace by the department to determine compliance with standards adopted under this part. See Montana Code 50-71-112
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Public sector employer: means :
(a)a state agency;
(b)each county in the state;
(c)each municipality in the state;
(d)each school district or community college; and
(e)any other political subdivision of the state. See Montana Code 50-71-112
- Safety: means protection against occupational injury or death. See Montana Code 50-71-112
- Standard: means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace. See Montana Code 50-71-112
- Workplace: means any site or location where an employee performs work for the employee's employer. See Montana Code 50-71-112
- Writing: includes printing. See Montana Code 1-1-203
(b)The inspection report must include a list of violations of standards that the inspector discovered during the inspection. A violation of a standard by a public sector employee is attributable to the public sector employer for the purposes of this part.
(c)The department shall provide a copy of the inspection report to the public sector employer and to a representative of a labor organization that represents public sector employees at the workplace that was inspected.
(d)The public sector employer shall post a copy of the list of hazards included in the inspection report at one or more visible locations at the workplace that is the subject of the inspection report. The posting must be in a location likely to be seen by employees at that workplace.
(2)The department may issue a written citation to the public sector employer for a violation of a standard. The citation must specify:
(a)the nature of the violation;
(b)the standard that was violated; and
(c)a timeframe within which the public sector employer is required to correct the violation.
(3)(a) The department may impose upon a public sector employer a monetary penalty of not more than $1,000 for each violation for which a citation has been issued.
(b)The department may, in its sole discretion, waive or reduce a penalty under this subsection (3) if the public sector employer timely corrects or cures the violation for which the penalty was imposed.
(c)Monetary penalties collected pursuant to this subsection (3) must be deposited into the occupational safety and health administration fund provided for in 50-71-128.
(4)(a) A public sector employer may appeal a citation or a penalty.
(b)An appeal to the department must be in writing and made within 30 days of the issuance of the citation.
(c)The appeal of a citation or a penalty is conducted as a contested case under Title 2, chapter 4.