§662 Injunction Proceedings

Summary

A federal court can order quick action when the Secretary asks because workplace conditions create a danger that could cause death or serious injury right away or before normal enforcement can fix it. The court may require steps to remove the danger and keep people out of the dangerous area, except for workers needed to fix the problem, keep a continuous process running so it can restart without a full stop, or shut things down safely and in order. If the Secretary asks, the court can issue temporary orders while the case goes on and will follow the usual rules for injunctions, except emergency orders without notice cannot last more than five days. When an inspector finds such a danger, they must tell the affected workers and the employer that they are recommending the Secretary seek court relief. If the Secretary unreasonably refuses to seek relief, an employee or their representative can ask a federal court (in the district where the danger is, where the employer’s main office is, or in the District of Columbia) to order the Secretary to act and provide other appropriate help.