Imminent Dangers
Section 13 (a) of the OSHA Act defines imminent danger as any condition in a place of employment capable of causing death or serious physical harm immediately or before normal enforcement procedures can eliminate the danger (Tompkins, 2006). Part of the body can become damaged severely to an extent that it cannot be used effectively. According to this definition, the threat must be immediate. For health hazards there must exist expectations of toxic substances such as hazardous fumes and gases which shorten life on exposure. In imminent danger situations, Photos are taken as evidence. If an OSHA compliance officer gets convinced that threats exist, he advises the affected employees and the employer on recommended steps to prevent it. Imminent danger case unlike routine inquiry may require issuance of an advance notice by the area Director to ensure an effective inspection. Unlike routine inspection, imminent danger receives the highest priority, and OSHA inspections take place within 24hrs of receiving a notice unless an extraordinary situation exists.
Imminent danger is a special case unlike regular inspections as OSHA may give a notice to the organization in less than 24hrs requesting for correction as soon as possible. The compliance officer usually requests employers to eliminate the threat voluntarily and remove the workers from danger (Tompkins, 2006). If the threat is not abated immediately, the employer should post warning signs in hazardous areas. Unlike in other cases, OSHA can force the employer to eliminate the danger through a court order that prohibits further work until the threat is eliminated. The compliance officer undertaking the inspection should inform the employer before leaving of a possible temporal restraining order. Imminent danger situations may also require exceptional preparations and inspections that take place after normal business hours unlike regular inspection that takes place during normal working hours.
Reference
Tompkins, N, C., (2006). A Manager’s Guide to OSHA: What Every Manger Should Know. Thompson Palace, Boston, MA
