C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1903—INSPECTIONS, CITATIONS AND PROPOSED PENALTIES

29 C.F.R. § 1903.13

Imminent danger

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Whenever and as soon as a Compliance Safety and Health Officer concludes on the basis of an inspection that conditions or practices exist in any place of employment 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 the Act, he shall inform the affected employees and employers of the danger and that he is recommending a civil action to restrain such conditions or practices and for other appropriate relief in accordance with the provisions of section 13(a) of the Act. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even though, after being informed of such danger by the Compliance Safety and Health Officer, the employer immediately eliminates the imminence of the danger and initiates steps to abate such danger.

Notes of Decisions
Cited in 3 cases, 1988–1994 · leading case: Gail Merch. Irving v. United States, 909 F.2d 598 (1st Cir. 1990).
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Gail Merch. Irving v. United States, 909 F.2d 598 (1st Cir. 1990). “29 C.F.R. § 1903.13 . It had already been decided that the Somers-worth shoe factory was to be given a “general inspection.”
William S. Judy v. U.S. Dep't of Labor, 864 F.2d 83 (8th Cir. 1988). “7 (e) (1987) (inspector shall advise employer of any apparent safety violations disclosed by inspection); 29 C.F.R. § 1903.13 (1987) (inspector shall inform affected employees and employer of imminent danger whenever he concludes on the basis of his inspection that such danger…”
Reich v. Dayton Tire, a Div. of Bridgestone/Firestone, Inc., 853 F. Supp. 376 (W.D. Okla. 1994). “§ 662 ; 29 C.F.R. § 1903.13 . 5 . See 29 C.F.R. § 1977.”
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