Section 610IAC8-3-8. "Imminent danger" defined; procedure

   (a) In the event the consultant observes a condition creating an imminent danger, the consultant will:

(1) immediately call the employer's attention to the condition;

(2) immediately notify the affected employees of the alleged imminent danger;

(3) request that action be taken immediately to abate the alleged imminent danger;

(4) secure an agreement from the employer that employees will not be exposed to the imminent danger; and

(5) notify the director of the bureau of the alleged imminent danger.

  (b) If the employer refuses to immediately abate the imminent danger, the director of the bureau shall immediately inform the appropriate department personnel for appropriate IOSHA enforcement action.

  (c) For purposes of this section, "imminent danger" means any condition in the workplace that, if not immediately corrected, could reasonably be expected to cause death or serious bodily harm. (Department of Labor; 610 IAC 8-3-8; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA)