2005 Idaho Code - 72-722 — UNSAFE CONDITIONS -- PROCEDURE -- WARNING ORDER -- SAFETY INSPECTION -- HEARING -- DECISION

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 7
                                  PROCEDURES
    72-722.  UNSAFE CONDITIONS -- PROCEDURE -- WARNING ORDER -- SAFETY
INSPECTION -- HEARING -- DECISION. (1) The commission is empowered, whenever
it has information that employees are employed in or about places, or on, or
with, tools, equipment or machinery which are not constructed or equipped to
properly protect life, health and safety of the employees, or which do not
conform to minimum safety standards adopted by the commission, to immediately
notify, by United States mail, the owner or lessee of the premises or the
proprietor or operator of the business there carried on, of the fact that it
has such information and to require such owner, lessee, proprietor or operator
to immediately render such places of employment safe, or to equip with proper
safety devices, safeguards or other means or methods of protection, such
tools, equipment or machines so as to render his employees and the place of
employment safe, or to cease employing workmen in or about such places or on
or about such tools, equipment or machinery.
    (2)  Upon receiving such notice from the commission, such owner, lessee,
proprietor or operator shall immediately conform to the order of the
commission or shall notify the commission that he claims he is not operating
in violation of such order.
    (3)  Upon receiving such information from such owner, lessee, proprietor
or operator, the commission shall, unless such information was obtained by
inspection by the commission, inspect or cause to be inspected, said place of
employment or tools, equipment or machinery, and if upon such inspection the
commission is of the opinion that the place of employment is not unsafe or
that the tools, equipment or machinery have proper safety devices, safeguards
or other means or methods of protection which are well adapted to render the
employees and places of employment safe, it shall so notify the owner.
    (4)  If after such inspection the commission is of the opinion that the
place of employment is not constructed or maintained to render it reasonably
safe or that the tools, equipment or machines are not equipped with proper
safety devices, safeguards or other means or methods of protection which are
well adapted to render the employees and places of employment safe, it shall
designate a time and place for hearing and may assign the matter for hearing
by a member of the commission, or a hearing officer, referee or examiner.
    (5)  The commission or the officer to whom the matter is assigned for
hearing shall make such inquiry and investigation as shall be deemed
necessary. The hearing may be held in the city or town within the county where
such places of employment are situated or such other place as the commission
deems most convenient for the parties and most appropriate for ascertaining
their rights.
    (6)  Thereafter, the applicable procedure shall be as set forth in
sections 72-714 to 72-718, inclusive.