Montana Code 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:
Terms Used In Montana Code 50-71-120
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public sector employee: means an employee of a public sector employer. See Montana Code 50-71-112
- 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
- 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
(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.