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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 60. Safety
- Section 96. Imminent Dangers.
previous: Section 95
next: Section 97
. Judicial Review.
AS 18.60.096. Imminent Dangers.
- (a) The commissioner, or a designated agent as authorized by the commissioner, may issue orders restraining a particular
condition or practice in any place of employment that constitutes a danger that could reasonably be expected to
immediately cause death or serious physical harm. The terms of an order issued under this section may require steps to
be taken as necessary to avoid, correct, or remove the imminent danger and may prohibit the employment or presence of
an individual in locations or under conditions where imminent danger exists. The terms of the order may allow the
presence of individuals necessary to avoid, correct, or remove the imminent danger.
- (b) When and as soon as a representative of the department concludes that conditions or practices described in (a) of this
section exist in any place of employment, the representative shall inform the affected employees and employer of the
danger and that the representative is recommending to the commissioner, or a designated agent as authorized by the
commissioner, the issuance of a restraining order.
- (c) The attorney general shall, when requested by the commissioner, seek an injunction in superior court to enforce a
restraining order issued under this section.
- (d) If the commissioner arbitrarily or capriciously fails to issue a restraining order under this section, an employee who
may be injured by reason of the failure, or the representative of the affected employees, may bring an action against
the commissioner in superior court to compel the commissioner to issue a restraining order and for further relief as
may be appropriate.
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