§ 662. — Injunction proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC662]
TITLE 29--LABOR
CHAPTER 15--OCCUPATIONAL SAFETY AND HEALTH
Sec. 662. Injunction proceedings
(a) Petition by Secretary to restrain imminent dangers; scope of order
The United States district courts shall have jurisdiction, upon
petition of the Secretary, 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 such danger can be eliminated
through the enforcement procedures otherwise 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 such imminent danger
and prohibit the employment or presence of any individual in locations
or under conditions where such imminent danger exists, except
individuals whose presence is necessary to avoid, correct, or remove
such 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
such to be accomplished in a safe and orderly manner.
(b) Appropriate injunctive relief or temporary restraining order pending
outcome of enforcement proceeding; applicability of Rule 65 of
Federal Rules of Civil Procedure
Upon the filing of any such petition the district court shall have
jurisdiction to grant such injunctive relief or temporary restraining
order pending the outcome of an enforcement proceeding pursuant to this
chapter. The proceeding shall be as provided by Rule 65 of the Federal
Rules, Civil Procedure, except that no temporary restraining order
issued without notice shall be effective for a period longer than five
days.
(c) Notification of affected employees and employers by inspector of
danger and of recommendation to Secretary to seek relief
Whenever and as soon as an inspector concludes that conditions or
practices described in subsection (a) of this section exist in any place
of employment, he shall inform the affected employees and employers of
the danger and that he is recommending to the Secretary that relief be
sought.
(d) Failure of Secretary to seek relief; writ of mandamus
If the Secretary arbitrarily or capriciously fails to seek relief
under this section, any employee who may be injured by reason of such
failure, or the representative of such employees, might bring an action
against the Secretary in the United States district court for the
district in which the imminent danger is alleged to exist or the
employer has its principal office, or for the District of Columbia, for
a writ of mandamus to compel the Secretary to seek such an order and for
such further relief as may be appropriate.
(Pub. L. 91-596, Sec. 13, Dec. 29, 1970, 84 Stat. 1605.)
References in Text
Rule 65 of the Federal Rules of Civil Procedures, referred to in
subsec. (b), is set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in title 2 section 1341; title 3 section
425.
