Section 350.80  Imminent Danger

a)         Whenever and as soon as an officer finds, on the basis of an inspection or investigation, that an imminent danger as defined in Section 350.20 exists in the workplace and that the imminent danger is not immediately abated in the presence of the officer, he or she shall notify the employees and the employer of the finding and shall recommend to the Director that legal action be sought to restrain the conditions or practices that are the cause of the imminent danger.

b)         If, upon review of the officer's findings and recommendations, the Director finds that an imminent danger exists in the workplace and has not been abated, he or she shall file a complaint, in the circuit court for the circuit in which the workplace is located, for appropriate relief directing the employer or employee to cease and desist from the practice or to alleviate the condition creating the imminent danger, as authorized by the Safety Inspection and Education Act.

c)         If the Director arbitrarily fails to seek relief under the Section, any affected employee or representative can bring action against the Director in circuit court for relief by mandamus to compel the Director to seek an order and for further relief as may be appropriate.