Montana § 50-71-120 Stop-Work Orders

Montana Statutes

§ 50-71-120 — Stop-Work Orders

Montana § 50-71-120

Title 50HEALTH AND SAFETY

Ch. 71OCCUPATIONAL SAFETY AND HEALTH

Part 1Montana Occupational Safety and Health Act

This text of Montana § 50-71-120 (Stop-Work Orders) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 50-71-120 (2026).

Text

50-71-120 . Stop-work orders.

(1)The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:

(a)the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;

(b)the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and

(c)the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:

(i)immediately correct the violation; or

(ii)suspend the unsafe operation until the violation is corrected.

(2)The temporary

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50-71-120 . Stop-work orders. (1) The department may order a public sector employer to immediately and temporarily stop work at a particular workplace if a department inspector who has personally observed the workplace and the hazards that are present determines that:
(a) the conditions or operations that are present at the workplace constitute a violation of a standard established by the department;
(b) the violation poses an immediate and substantial risk of serious bodily injury or death to a public sector employee or a member of the public; and
(c) the public sector employer or a public sector employee who is present at the workplace is unable or unwilling to:
(i) immediately correct the violation; or
(ii) suspend the unsafe operation until the violation is corrected.
(2) The temporary stop-work order must be in writing and specify:
(a) the location of the workplace;
(b) the specific standard that is being violated;
(c) the nature of the risk posed by the violation;
(d) the date and the time that the temporary stop-work order is issued; and
(e) the name, employment address, and work telephone number of the person issuing the temporary stop-work order.
(3) The temporary stop-work order is effective upon communication or delivery to any one of the following:
(a) the public sector employer's onsite supervisor at the workplace;
(b) the public sector employer's manager in charge of workplace operations; or
(c) the chief executive of the public sector employer.
(4) A copy of the temporary stop-work order must be promptly posted by the department at the workplace. A posted temporary stop-work order may not be removed by any person while it is in effect.
(5) A temporary stop-work order is effective for 72 hours unless:
(a) the violation is corrected to the satisfaction of the department; or
(b) the temporary stop-work order is stayed by order of a district court judge following actual notice to the department and the public sector employer.
(6) The violation of a temporary stop-work order or the unauthorized removal of a posted copy of a temporary stop-work order is punishable as a contempt of court.
(7) As used in this section, the term "serious bodily injury" has the same meaning as provided in 45-2-101 .