50-71-327. Department authorized to order closure or cessation of work. (1) The department may order any place of employment closed or the work therein to cease if it is found that the place of employment is in such an unsafe condition as to constitute an immediate menace to the life or safety of the workers employed therein. Any such order of closure or for cessation of work shall be expressly limited to only that portion of the plant, installation, or facility as is directly and immediately affected by the unsafe condition constituting an immediate menace to the life and safety of the workers employed therein.
     (2) Upon issuance of any such order, the department shall fix a place and time not later than 24 hours thereafter for a hearing to be held before the department. Not more than 24 hours after the commencement of the hearing and without adjournment thereof, the department shall affirm, modify, or set aside the order.
     (3) Nothing in this section shall empower the department to determine that any employment or place of employment is in an unsafe condition on the basis of the number or qualifications of employees operating such employment or place of employment unless a specific rule adopted after public hearing is violated. Provided that, for those employments or places of employment for which no code has been adopted and where it is found by the department that such place of employment is in such an unsafe condition as to constitute an immediate menace to the life or safety of the workers there employed, the department may order that portion of the plant, installation, or facility as is directly and immediately affected by such unsafe condition closed for a period not to exceed 4 hours unless such period be extended by order of the department.

     History: En. Sec. 13, Ch. 341, L. 1969; amd. Sec. 9, Ch. 182, L. 1975; R.C.M. 1947, 41-1720; amd. Sec. 64, Ch. 613, L. 1989.