Nevada § 618.545 - Emergency orders of Administrator; injunctive relief

§ 618.545. Emergency orders of Administrator; injunctive relief

1. The Administrator may issue an emergency order 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 the danger can be eliminated through the other enforcement procedures provided

by this chapter. Any order issued under this section may require such steps to be taken as may be necessary

to avoid, correct or remove the imminent danger and prohibit the employment or presence

of any person in locations or under conditions where the imminent danger exists, except

persons whose presence is necessary to avoid, correct or remove the imminent danger

or to maintain the capacity of a continuous process operation to resume normal operations

without a complete cessation of operations or, where a cessation of operations is

necessary, to permit it to be accomplished in a safe and orderly manner. 2. An order issued pursuant to subsection 1 becomes effective upon delivery to the

employer or other person in charge of the place of employment where the danger exists.

If, within 15 days after the effective date of the order, the employer fails to notify

the Division that the employer wishes to contest the order, the order shall be deemed

a final order and is not subject to review by any court or agency. If the employer contests the order within 15 days after the effective date of the

order and the Division does not rescind or modify the order as requested, the employer

may petition the court for relief. Upon the filing of such a petition, the district court may grant injunctive relief

or a temporary restraining order pending the outcome of an enforcement proceeding

pursuant to this chapter. 3. Whenever and as soon as a representative of the Division concludes that conditions

or practices described in subsection 1 exist in any place of employment, the representative

shall inform the affected employees and employers of the danger and that he or she

is recommending to the Administrator that an emergency order be issued.