2013 Idaho Statutes
Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION
Chapter 7 - PROCEDURES
Section 72-722 - UNSAFE CONDITIONS -- PROCEDURE -- WARNING ORDER -- SAFETY INSPECTION -- HEARING -- DECISION.

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.