Montana § 50-71-120 - Stop-Work Orders

§ 50-71-120. Stop-Work Orders

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: (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 .