.06 Imminent Danger.

A. In this regulation, "imminent danger" means a condition or practice which exists in a place of employment that reasonably could be expected to cause death or serious physical harm:

(1) Immediately; or

(2) Before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by the Act.

B. When an inspector concludes on the basis of an inspection that an imminent danger exists, the inspector shall inform the affected employees and employer:

(1) Of the danger; and

(2) That the inspector may recommend to the Commissioner that relief be sought in accordance with the provisions of § 5-216 of the Act.

C. Appropriate citations and notices of proposed penalties may be issued with respect to an imminent danger even if, after notification from the inspector, the employer immediately eliminates the imminence of the danger and initiates steps to abate the danger.