Montana Code Annotated 2021



Part 1. Montana Occupational Safety and Health Act

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:

(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.

History: En. Sec. 10, Ch. 27, L. 2009.