California Labor Code 7343 – Whenever a passenger tramway in any place is being operated without …
Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the passenger tramway is located for an injunction restraining the operation of the passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order.
(Amended by Stats. 2016, Ch. 31, Sec. 203. (SB 836) Effective June 27, 2016.)
Terms Used In California Labor Code 7343
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- County: includes "city and county. See California Labor Code 14
- Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Passenger tramway: includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures. See California Labor Code 7340
- Permit: means a permit issued by the division to operate a passenger tramway in any place. See California Labor Code 7340
- Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.