reglab/statecodes huggingface dataset:
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 105 - Last employer liable -- Exception.

34A-3-105.
Last employer liable -- Exception.
(1) To the extent compensation is payable under this chapter for an occupational disease which arises out of and in the course of an employee's employment for more than one employer, the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of the disease if:
(a) the employee's exposure in the course of employment with that employer was a substantial contributing medical cause of the alleged occupational disease; and
(b) the employee was employed by that employer for at least 12 consecutive months.
(2) Should the conditions of Subsection (1) not be met, liability for disability, death, and medical benefits shall be apportioned between employers based on the involved employers' causal contribution to the occupational disease.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 106 - Mental stress claims.

34A-3-106.
Mental stress claims.
(1) Physical, mental, or emotional diseases related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's disease and employment.
(2)
(a) Legal causation requires proof of extraordinary mental stress arising predominantly and directly from employment.
(b) The extraordinary nature of the alleged mental stress is judged according to an objective standard in comparison with contemporary national employment and nonemployment life.
(3) Medical causation requires proof that the physical, mental, or emotional disease was medically caused by the mental stress that is the legal cause of the physical, mental, or emotional disease.
(4) Good faith employer personnel actions including disciplinary actions, work evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis of compensable mental stress claims under this chapter.
(5) Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law may not form the basis of compensable mental stress claims under this chapter.
(6) An employee who alleges a compensable occupational disease involving mental stress bears the burden of proof to establish legal and medical causation by a preponderance of the evidence.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 107 - Benefits -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and payments.

34A-3-107.
Benefits -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and payments.
(1) The benefits to which an employee with a disability or the employee's dependents are entitled under this chapter shall be based upon the employee's average weekly wage at the time the cause of action arises and shall be computed in accordance with and in all ways shall be equivalent to the benefits for disability and death provided in Chapter 2, Workers' Compensation Act.
(2) The employee with a disability is entitled to medical, hospital, and burial expenses equivalent to those provided in Chapter 2, Workers' Compensation Act.
(3) The procedure and payment of benefits under this chapter shall be equivalent to and consistent with Chapter 2, Workers' Compensation Act, including Section 34A-2-703.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 110 - Occupational disease aggravated by other diseases.

34A-3-110.
Occupational disease aggravated by other diseases.
The compensation payable under this chapter shall be reduced and limited to the proportion of the compensation that would be payable if the occupational disease were the sole cause of disability or death, as the occupational disease as a causative factor bears to all the causes of the disability or death when the occupational disease, or any part of the disease:
(1) is causally related to employment with a non-Utah employer not subject to commission jurisdiction;
(2) is of a character to which the employee may have had substantial exposure outside of employment or to which the general public is commonly exposed;
(3) is aggravated by any other disease or infirmity not itself compensable; or
(4) when disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 111 - Compensation not additional to that provided for accidents.

34A-3-111.
Compensation not additional to that provided for accidents.
The compensation provided under this chapter is not in addition to compensation that may be payable under Chapter 2, Workers' Compensation Act, and in all cases when injury results by reason of an accident arising out of and in the course of employment and compensation is payable for the injury under Chapter 2, Workers' Compensation Act, compensation under this chapter may not be payable.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Section 112 - Employee's willful misconduct.

Effective 12/30/2018
34A-3-112.
Employee's willful misconduct.
(1) Notwithstanding anything contained in this chapter, an employee or dependent of any employee is not entitled to receive compensation for disability or death from an occupational disease when the disability or death, wholly or in part, was caused by the purposeful self-exposure of the employee.
(2) Except in cases resulting in death:
(a) Compensation provided for in this chapter shall be reduced 15% when the occupational disease is caused by the willful failure of the employee:
(i) to use safety devices when provided by the employer; or
(ii) to obey any order or reasonable rule adopted by the employer for the safety of the employee.
(b) Except when the employer permitted, encouraged, or had actual knowledge of the conduct described in Subsections (2)(b)(i) through (iii), disability compensation may not be awarded under this chapter to an employee when the major contributing cause of the employee's disease is the employee's:
(i) use of illegal substances;
(ii) intentional abuse of drugs in excess of prescribed therapeutic amounts; or
(iii) intoxication from alcohol with a blood or breath alcohol concentration of .05 grams or greater as shown by a chemical test.
Amended by Chapter 283, 2017 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 201 - Definitions.

Effective 5/3/2023
34A-3-201.
Definitions.
(1) As used in this part:
(a) "COVID-19" means the disease caused by severe acute respiratory syndrome coronavirus 2.
(b) "First responder" means:
(i) a first responder as defined in Section 34A-2-102;
(ii) an individual employed by:
(A) a health care facility as defined in Section 26B-2-201;
(B) an office of a physician, chiropractor, or dentist;
(C) a nursing home;
(D) a retirement facility;
(E) a home health care provider;
(F) a pharmacy;
(G) a facility that performs laboratory or medical testing on human specimens; or
(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
(iii) an individual employed by, working with, or working at the direction of a local health department; or
(iv) a volunteer, as defined in Section 67-20-2, providing services to a local health department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
(c) "Physician" means an individual licensed under:
(i)Title 58, Chapter 67, Utah Medical Practice Act;
(ii)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(iii)Title 58, Chapter 70a, Utah Physician Assistant Act; or
(iv)Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse.
(d) "Utah minimum wage" means the highest wage designated as Utah's minimum wage under Title 34, Chapter 40, Utah Minimum Wage Act.
(2) For purposes of this part, an individual is diagnosed with COVID-19 if the individual:
(a) through laboratory testing of a specimen the individual provides, tests positive for the virus that causes COVID-19; and
(b) is diagnosed with COVID-19 by a physician.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 202 - Workers' compensation presumption for first responders.

Effective 6/25/2020
34A-3-202.
Workers' compensation presumption for first responders.
(1) A first responder who claims to have contracted COVID-19 during the performance of the first responder's duties as a first responder, is presumed to have contracted COVID-19 during the course of performing the first responder's duties as a first responder if the first responder is diagnosed with COVID-19:
(a) while employed or serving as a first responder; or
(b) if the first responder's employment or service as a first responder terminates, within two weeks after the day on which the first responder's employment or service terminates.
(2) A first responder who makes a claim under this part shall provide written documentation of a COVID-19 diagnosis to the first responder's employer or insurer.
Renumbered and Amended by Chapter 5, 2020 Special Session 5
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 203 - Workers' compensation claims.

Effective 6/25/2020
34A-3-203.
Workers' compensation claims.
(1) This part applies to a claim resulting from an exposure arising out of and in the course of a first responder's employment or service on or after March 21, 2020, and before June 1, 2021.
(2) For purposes of establishing a workers' compensation claim under this part, the date of exposure is presumed to be the earlier of the day on which:
(a) the first responder is diagnosed with COVID-19;
(b) the first responder is unable to work because of a symptom of a disease that is later diagnosed as COVID-19; or
(c) the first responder's employment or service as a first responder terminates, if the first responder is diagnosed with COVID-19 within two weeks after the day on which the first responder's employment or service as a first responder terminates.
(3) Death benefits payable under this chapter are payable only if a claimant establishes by competent evidence that death was a consequence of or a result of COVID-19.
Renumbered and Amended by Chapter 5, 2020 Special Session 5
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 204 - Failure to be tested -- Rebuttable presumption.

Effective 6/25/2020
34A-3-204.
Failure to be tested -- Rebuttable presumption.
(1) A first responder who refuses examination for COVID-19 or fails to be diagnosed with COVID-19 is not entitled to the presumption established under this part.
(2) The presumption established under this part may be rebutted by a preponderance of the evidence.
Renumbered and Amended by Chapter 5, 2020 Special Session 5
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 205 - Determining employers of first responders -- Volunteer first responders -- Workers' compensation premiums.

Effective 6/25/2020
34A-3-205.
Determining employers of first responders -- Volunteer first responders -- Workers' compensation premiums.
(1) For purposes of receiving workers' compensation benefits, a first responder performing the services of a first responder is considered an employee of an entity for whom the first responder provides those services.
(2)
(a) A first responder who only performs the services of a first responder for minimal or no compensation or on a volunteer basis receives an amount of workers' compensation:
(i) calculated in accordance with Section 34A-2-409; and
(ii)
(A) based on the first responder's primary employment, if the first responder is primarily employed other than as a first responder; or
(B) based on the Utah minimum wage, if the first responder has no employment other than as a first responder.
(b) An entity for whom a first responder provides first responder services for minimal or no compensation or on a volunteer basis shall:
(i) pay any excess premium necessary for workers' compensation, if the first responder is primarily employed other than as a first responder; and
(ii) pay any premium necessary for workers' compensation, if the first responder has no employment other than as a first responder.
(3) A first responder is not precluded from utilizing insurance a primary employer provides, or any other insurance benefits, in addition to workers' compensation benefits.
Renumbered and Amended by Chapter 5, 2020 Special Session 5
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 3 - Utah Occupational Disease Act › Part 2 - Presumptions for First Responders › Section 206 - Rulemaking authority.

Effective 6/25/2020
34A-3-206.
Rulemaking authority.
The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this part.
Renumbered and Amended by Chapter 5, 2020 Special Session 5
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 4 - Hospital and Medical Service for Miners with a Disability › Section 101 - Who entitled.

34A-4-101.
Who entitled.
(1) Certain miners with a disability meeting the requirements of Section 34A-4-102 shall be entitled to, and shall receive, the free hospital and medical service provided for in this chapter.
(2) Notwithstanding Subsection (1), in the event occupational diseases are made compensable under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act, no employer or insurance carrier shall be permitted to evade payment under Chapter 2, Workers' Compensation Act, or Chapter 3, Utah Occupational Disease Act, by compelling a miner with a disability to avail the miner of the benefits provided for in this chapter.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 4 - Hospital and Medical Service for Miners with a Disability › Section 102 - Application for benefits.

34A-4-102.
Application for benefits.
To be entitled to the free hospital and medical service provided for in Section 34A-4-101, a miner with a disability applying for benefits shall be required to establish under oath the following facts, which shall be conditions precedent to the granting of the free service provided for in this chapter:
(1) that the miner is and has been a resident of this state for a period of two years immediately preceding the filing of the miner's application;
(2) that the miner has been employed in the mines of this state for a period of at least five years and that the disability from which the miner is suffering and for which the miner is in need of hospital and medical treatment is due to such employment;
(3) that the miner is physically incapable of entering remunerative employment and holding a job;
(4) that the miner's disability is such that hospital and medical attention is necessary; and
(5) that the miner is financially unable to secure and pay for hospital and medical service.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 102.5 - Supremacy over local regulations -- No special class created for other purposes.

Effective 5/8/2018
34A-5-102.5.
Supremacy over local regulations -- No special class created for other purposes.
(1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in employment.
(2) This chapter shall not be construed to create a special or protected class for any purpose other than employment.
Amended by Chapter 317, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 102.7 - Nonseverability.

Effective 5/12/2015
34A-5-102.7.
Nonseverability.
Laws of Utah 2015, Chapter 13, is the result of the Legislature's balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held invalid in a final judgment by a court of last resort, the remainder of the enactments and amendments of Laws of Utah 2015, Chapter 13, affecting this chapter shall be thereby rendered without effect and void.
Revisor instructions Chapter 13, 2015 General Session
Enacted by Chapter 13, 2015 General Session
Revisor instructions to modify language.
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 108 - Judicial enforcement of division findings.

Effective 5/8/2018
34A-5-108.
Judicial enforcement of division findings.
(1) The commission or the attorney general at the request of the commission shall commence an action under Section 63G-4-501 for civil enforcement of a final order of the commission issued under Section 34A-5-107 if:
(a) the order finds that there is reasonable cause to believe that a respondent has engaged or is engaging in discriminatory or prohibited employment practices made unlawful by this chapter;
(b) counsel to the commission or the attorney general determines after reasonable inquiry that the order is well grounded in fact and is warranted by existing law;
(c) the respondent has not received an order of automatic stay or discharge from the United States Bankruptcy Court; and
(d)
(i) the commission has not accepted a conciliation agreement to which the aggrieved party and respondent are parties; or
(ii) the respondent has not conciliated or complied with the final order of the commission within 30 days from the date the order is issued.
(2) If the respondent seeks judicial review of the final order under Section 63G-4-403, pursuant to Section 63G-4-405 the commission may stay seeking civil enforcement pending the completion of the judicial review.
Amended by Chapter 317, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 109 - Application to employee dress and grooming standards.

Effective 5/12/2015
34A-5-109.
Application to employee dress and grooming standards.
This chapter may not be interpreted to prohibit an employer from adopting reasonable dress and grooming standards not prohibited by other provisions of federal or state law, provided that the employer's dress and grooming standards afford reasonable accommodations based on gender identity to all employees.
Enacted by Chapter 13, 2015 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 110 - Application to sex-specific facilities.

Effective 5/12/2015
34A-5-110.
Application to sex-specific facilities.
This chapter may not be interpreted to prohibit an employer from adopting reasonable rules and policies that designate sex-specific facilities, including restrooms, shower facilities, and dressing facilities, provided that the employer's rules and policies adopted under this section afford reasonable accommodations based on gender identity to all employees.
Enacted by Chapter 13, 2015 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 111 - Application to the freedom of expressive association and the free exercise of religion.

Effective 5/12/2015
34A-5-111.
Application to the freedom of expressive association and the free exercise of religion.
This chapter may not be interpreted to infringe upon the freedom of expressive association or the free exercise of religion protected by the First Amendment of the United States Constitution and Article I, Sections 1, 4, and 15 of the Utah Constitution.
Enacted by Chapter 13, 2015 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 5 - Utah Antidiscrimination Act › Section 112 - Religious liberty protections -- Expressing beliefs and commitments in workplace -- Prohibition on employment actions against certain employee speech.

Effective 5/12/2015
34A-5-112.
Religious liberty protections -- Expressing beliefs and commitments in workplace -- Prohibition on employment actions against certain employee speech.
(1) An employee may express the employee's religious or moral beliefs and commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on equal terms with similar types of expression of beliefs or commitments allowed by the employer in the workplace, unless the expression is in direct conflict with the essential business-related interests of the employer.
(2) An employer may not discharge, demote, terminate, or refuse to hire any person, or retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, for lawful expression or expressive activity outside of the workplace regarding the person's religious, political, or personal convictions, including convictions about marriage, family, or sexuality, unless the expression or expressive activity is in direct conflict with the essential business-related interests of the employer.
Enacted by Chapter 13, 2015 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 102 - Legislative intent.

34A-6-102.
Legislative intent.
The intent of this chapter is:
(1) to preserve human resources by providing for the safety and health of workers; and
(2) to provide a coordinated state plan to implement, establish, and enforce occupational safety and health standards as effective as the standards under the Williams-Steiger Occupational Safety and Health Act of 1970, 29 U.S.C. Sec. 651 et seq.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 104 - Administration of chapter -- Selection of administrator -- Powers and duties of commission -- Application of chapter and exceptions.

34A-6-104.
Administration of chapter -- Selection of administrator -- Powers and duties of commission -- Application of chapter and exceptions.
(1) Administration of this chapter is vested in the commission and the division. The commission:
(a) is vested with jurisdiction and supervision over every workplace in this state and is empowered to administer all laws and lawful orders to ensure that every employee in this state has a workplace free of recognized hazards;
(b) through the administrator, shall carry out the state plan and this chapter, provided that the administrator is a person with at least five years experience or training in the field of industrial safety and health;
(c) shall make, establish, promulgate and enforce all necessary and reasonable rules and provisions to carry this chapter into effect except when the division is authorized by this chapter to make rules; and
(d) may in its discretion administer oaths, take depositions, subpoena witnesses, compel production of documents, books, and accounts in any inquiry, investigation, hearing, or proceeding in any part of this state.
(2) This chapter shall apply to all workplaces in the state except that nothing in this chapter shall apply to:
(a) working conditions of employees with respect to which federal agencies and other state agencies acting under section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2021, exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health; or
(b) any workplace or employer not subject to the provisions of the federal Williams-Steiger Occupational Safety and Health Act of 1970 and any amendments to that act or any regulations promulgated under that act.
Amended by Chapter 13, 1998 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 105 - Procedures -- Adjudicative proceedings.

34A-6-105.
Procedures -- Adjudicative proceedings.
The commission, the division, and the administrator shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in any adjudicative proceedings that they conduct under this chapter.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 108 - Collection, compilation, and analysis of statistics.

34A-6-108.
Collection, compilation, and analysis of statistics.
(1) The division shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics. The program may cover all employments whether subject to this chapter but may not cover employments excluded by Subsection 34A-6-104(2). The division shall compile accurate statistics on work injuries and occupational diseases.
(2) The division may use the functions imposed by Subsection (1) to:
(a) promote, encourage, or directly engage in programs of studies, information, and communication concerning occupational safety and health statistics;
(b) assist agencies or political subdivisions in developing and administering programs dealing with occupational safety and health statistics; and
(c) arrange, through assistance, for the conduct of research and investigations which give promise of furthering the objectives of this section.
(3) The division may, with the consent of any state agency or political subdivision of the state, accept and use the services, facilities, and employees of state agencies or political subdivisions of the state, with or without reimbursement, to assist it in carrying out its functions under this section.
(4) On the basis of the records made and kept under Subsection 34A-6-301(3), employers shall file reports with the division in the form and manner prescribed by the division.
(5) Agreements between the United States Department of Labor and Utah pertaining to the collection of occupational safety and health statistics already in effect on July 1, 1973, remain in effect until superseded.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 109 - Educational and training programs.

Effective 5/8/2018
34A-6-109.
Educational and training programs.
(1) The division, after consultation with other appropriate agencies, shall conduct, directly or by assistance:
(a) educational programs to provide an adequate supply of qualified personnel to carry out the purpose of this chapter; and
(b) informational programs on the importance of adequate safety and health equipment.
(2)
(a) The division is authorized to conduct, directly or by assistance, training for personnel engaged in work related to its responsibilities under this chapter.
(b) The division shall ensure that any training described in Subsection (2)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(3) The division shall:
(a) establish and supervise programs for the education and training of employers and employees for recognition, avoidance, and prevention of unsafe or unhealthful working conditions;
(b) consult and advise employers and employees about effective means for prevention of any work-related injury or occupational disease; and
(c) provide safety and health workplace surveys.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 110 - Requirements of other laws not limited or repealed -- Worker's compensation or rights under other laws with respect to employment injuries not affected.

34A-6-110.
Requirements of other laws not limited or repealed -- Worker's compensation or rights under other laws with respect to employment injuries not affected.
(1) Nothing in this chapter is deemed to limit or repeal requirements imposed by statute or otherwise recognized by law.
(2) Nothing in this chapter shall be construed or held to supersede or in any manner affect workers' compensation or enlarge or diminish or affect the common-law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, occupational or other diseases, or death of employees arising out of, or in the course of employment.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 1 - General Provisions › Section 111 - Federal aid.

34A-6-111.
Federal aid.
The commission may make application for, receive, administer, and expend any federal aid for the administration of any of the provisions of this chapter.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 2 - Duties and Standards › Section 201 - Duties of employers and employees.

Effective 5/12/2015
34A-6-201.
Duties of employers and employees.
(1) Each employer shall:
(a) furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and
(b) comply with occupational safety and health standards promulgated under this chapter.
(2) Each employee shall comply with occupational safety and health standards and the rules and orders issued pursuant to this chapter that are applicable to the employee's own actions and conduct.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules that are necessary to implement this section for a workplace with multiple employers.
Amended by Chapter 229, 2015 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 2 - Duties and Standards › Section 203 - Discharge or retaliation against employee prohibited.

Effective 5/10/2016
34A-6-203.
Discharge or retaliation against employee prohibited.
(1) A person may not discharge or in any way retaliate against an employee because the employee:
(a) files a complaint or institutes or causes to be instituted a proceeding under or related to this chapter;
(b) testifies or is about to testify in any proceeding under or related to this chapter; or
(c) exercises a right granted by this chapter on behalf of the employee or others.
(2)
(a) An employee who believes that the employee has been discharged or otherwise retaliated against by any person in violation of this section may, within 30 days after the violation occurs, file a complaint with the division alleging discharge or retaliation in violation of this section.
(b)
(i) Upon receipt of the complaint, the division shall cause an investigation to be made.
(ii) The division may employ investigators as necessary to carry out the purpose of this Subsection (2).
(c) Upon completion of the investigation, the division shall issue an order:
(i)
(A) finding a violation of this section has occurred;
(B) requiring that the violation cease; and
(C) which may include other appropriate relief, such as reinstatement of the employee to the employee's former position with back pay; or
(ii) finding that a violation of the section has not occurred.
(d) An order issued under Subsection (2)(c) is the final order of the commission unless a party to the claim of a violation of this section seeks further review as provided in Subsection (3).
(3)
(a) A party to a claim of a violation of this section may seek review of the order issued under Subsection (2)(c) within 30 days from the date the order is issued by filing a request for review with the Division of Adjudication.
(b) The request for review shall comply with Subsection 63G-4-301(1).
(c) If the request for review is made, the Division of Adjudication shall conduct a de novo review of the underlying order.
(d) If the request for review is based on a finding that a violation of this section occurred, the division shall appear in the review proceeding to defend the division's finding.
(e) If the request for review is based on a finding that a violation of this section did not occur, the division may not participate in the review proceeding.
(f)
(i) If the Division of Adjudication determines a violation of this section has occurred, it may order relief as provided in Subsection (2)(c).
(ii) If the Division of Adjudication determines that a violation of this section has not occurred, it shall issue an order stating the determination.
(4) A party may appeal an order issued by the Division of Adjudication under Subsection (3)(f) in accordance with Subsection 34A-6-304(1).
Amended by Chapter 67, 2016 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 2 - Duties and Standards › Section 204 - State agencies and political subdivisions to establish programs.

34A-6-204.
State agencies and political subdivisions to establish programs.
The head of each state agency and each political subdivision of the state shall establish and maintain an occupational safety and health program equivalent to the program for other employments in the state. The commission may not assess monetary penalties against any state agency or political subdivision under Section 34A-6-307.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 3 - Enforcement › Section 302 - Citations issued by division -- Grounds -- Posting -- Limitation.

34A-6-302.
Citations issued by division -- Grounds -- Posting -- Limitation.
(1)
(a) If upon inspection or investigation, the division or its authorized representative believes that an employer has violated a requirement of Section 34A-6-201, of any standard, rule, or order issued under Section 34A-6-202, or any rules under this chapter, it shall with reasonable promptness issue a citation to the employer.
(b) Each citation shall:
(i) be in writing; and
(ii) describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, or order alleged to have been violated.
(c) The citation shall fix a reasonable time for the abatement of the violation. In the case of a review proceeding initiated by the employer in good faith, not for the purpose of delay or avoidance of the penalties, the time for abatement begins to run on the date of the final order of the commission.
(d) The commission may prescribe procedures for the issuance of a notice in lieu of a citation with respect to violations that have no direct or immediate relationship to safety or health.
(2) Each citation issued under this section or a copy shall be prominently posted by the employer, as required by rule, at or near each place a violation referred to in the citation occurred.
(3) A citation may not be issued under this section after the expiration of six months following the occurrence of any violation.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 3 - Enforcement › Section 304 - Procedure for review of order entered by administrative law judge -- Continuing jurisdiction of commission.

34A-6-304.
Procedure for review of order entered by administrative law judge -- Continuing jurisdiction of commission.
(1)
(a) Administrative law judges assigned by the director of the Division of Adjudication shall hear and determine any proceeding assigned to them by the Division of Adjudication.
(b) The administrative law judge shall enter the administrative law judge's findings of fact, conclusions of law, and order not later than 30 days after final receipt of all matters concerned in the hearing.
(c) The findings of fact, conclusions of law, and order of the administrative law judge shall become the final order of the commission unless objections are made in accordance with Subsection (2).
(2)
(a) Any party of interest who is dissatisfied with the order entered by an administrative law judge may obtain a review by appealing the decision in accordance with Section 63G-4-301 and Chapter 1, Part 3, Adjudicative Proceedings.
(b) The commissioner or Appeals Board shall make its decision in accordance with Section 34A-1-303.
(c) The decision of the commission is final unless judicial review is requested in accordance with Chapter 1, Part 3, Adjudicative Proceedings.
(d) To the extent that new facts are provided, the commission has continuing jurisdiction to amend, reverse, or enhance prior orders.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 3 - Enforcement › Section 305 - Injunction proceedings.

34A-6-305.
Injunction proceedings.
(1) The district courts shall have jurisdiction, upon petition of the administrator to restrain any conditions or practices in any place of employment where danger exists which could reasonably be expected to cause death or physical harm immediately or before the imminence of such danger can be eliminated through enforcement procedures provided by this chapter. Any order issued under this section may require that necessary steps be taken to avoid, correct, or remove imminent danger or prohibit the employment or presence of any individual in locations or under conditions where imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove imminent danger or maintain the capacity of a continuous process operation so that normal operations can be resumed without a complete cessation of operations, or where cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
(2) The district courts shall have jurisdiction upon petition to grant injunctive relief or temporary restraining orders pending the outcome of any enforcement proceeding pursuant to this act pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restraining order issued without notice shall be effective for more than five days.
(3) Whenever an inspector concludes that imminent danger exists in any place of employment, the inspector shall inform the affected employees and employers of the danger and that the inspector is recommending to the administrator that relief be sought.
(4) If the administrator arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the administrator in the district court of the county in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus and for further appropriate relief.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 6 - Utah Occupational Safety and Health Act › Part 3 - Enforcement › Section 306 - Disclosure of trade secrets -- Protective orders.

34A-6-306.
Disclosure of trade secrets -- Protective orders.
(1) All information reported to or otherwise obtained by the administrator or the administrator's representatives or any employee in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret shall be considered confidential except that the information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant, in any proceeding under this chapter.
(2) In any such proceeding, the commission or the court shall issue appropriate orders to protect the trade secret.
Renumbered and Amended by Chapter 375, 1997 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 1 - Boilers and Pressure Vessels › Section 101 - Scope of chapter -- Exemptions.

34A-7-101.
Scope of chapter -- Exemptions.
(1) Except as provided in Subsection (2), this part applies to any boiler or pressure vessel used in:
(a) industrial or manufacturing establishments;
(b) business establishments;
(c) sawmills;
(d) construction jobs; and
(e) any place where workers or the public may be exposed to risks from the operation of boilers or pressure vessels.
(2) This part does not apply to:
(a) a boiler or pressure vessel subject to inspection, control, or regulation under the terms of any law or regulation of the federal government or any of its agencies;
(b) an air tank located on a vehicle used for transporting passengers or freight; or
(c) a boiler or pressure vessel that is excluded from the Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers.
Amended by Chapter 53, 1999 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 1 - Boilers and Pressure Vessels › Section 102 - Standards for construction and design -- Special approved designs -- Maintenance requirements.

34A-7-102.
Standards for construction and design -- Special approved designs -- Maintenance requirements.
(1) For the purposes of this part, the standards for the design and construction of a new boiler and new pressure vessel shall be the latest applicable provisions of the Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers.
(2) This part may not be construed as preventing the construction and use of a boiler or pressure vessel of special design:
(a) subject to approval of the Division of Boiler and Elevator Safety; and
(b) if the special design provides a level of safety equivalent to that contemplated by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.
(3) A boiler and pressure vessel, including an existing boiler and pressure vessel, shall be maintained in safe operating condition for the service involved.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 1 - Boilers and Pressure Vessels › Section 104 - Fees.

34A-7-104.
Fees.
The owner or user of a boiler required by this part to be inspected shall pay to the commission fees for inspection or for permits to operate in amounts set by the commission pursuant to Section 63J-1-504.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 1 - Boilers and Pressure Vessels › Section 105 - Violation of chapter -- Misdemeanor -- Injunction.

34A-7-105.
Violation of chapter -- Misdemeanor -- Injunction.
(1) It is a violation of this part and a class C misdemeanor to operate a boiler or pressure vessel subject to this part if:
(a) certification has been denied or suspended; or
(b) the boiler or pressure vessel is knowingly operated while constituting a safety hazard.
(2)
(a) The Division of Boiler and Elevator Safety may bring a lawsuit in any court of this state to enjoin the operation of any boiler or pressure vessel in violation of this part.
(b) The court may issue a temporary injunction, without bond, restraining further operation of the boiler or pressure vessel, ex parte.
(c) Upon a proper showing, the court shall permanently enjoin the operation of the boiler or pressure vessel until the violation is corrected.
Amended by Chapter 155, 2006 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 2 - Elevator and Escalator Safety Act › Section 202 - Definitions.

34A-7-202.
Definitions.
As used in this part:
(1) "Division" means the Division of Boiler and Elevator Safety within the commission.
(2)
(a) "Elevator" means a hoisting and lowering mechanism:
(i) equipped with a car or platform; and
(ii) that moves in guides in a substantially vertical direction.
(b) "Elevator" does not mean:
(i) a device used for the sole purpose of elevating or lowering materials such as:
(A) a dumbwaiter;
(B) a conveyor; or
(C) a chain, bucket, or construction hoist;
(ii) a tiering, piling, feeding, or similar machine giving service within only one story;
(iii) a portable platform;
(iv) a stage lift;
(v) a device installed in a single family dwelling;
(vi) a device installed in a facility owned and operated by the federal government; or
(vii) an amusement ride, as defined in Section 78B-4-507.
(3)
(a) "Escalator" means a stairway, moving walkway, or runway that is:
(i) power-driven;
(ii) continuous; and
(iii) used to transport one or more individuals.
(b) "Escalator" does not mean:
(i) a device used for the sole purpose of elevating or lowering materials such as:
(A) a dumbwaiter;
(B) a conveyor; or
(C) a chain, bucket, or construction hoist;
(ii) a device installed in a single-family dwelling;
(iii) a device installed in a facility owned and operated by the federal government; or
(iv) an amusement ride, as defined in Section 78B-4-507.
(4) "Owner or operator" means a person who owns, controls, or has the duty to control the operation of an elevator or escalator.
(5) "Safety code" means the one or more codes adopted by the division in accordance with Subsection 34A-7-203(6) to be used in inspecting elevators and escalators.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 34A - Utah Labor Code › Chapter 7 - Safety › Part 2 - Elevator and Escalator Safety Act › Section 203 - Requirements for operating an elevator or escalator -- Inspection -- Division duties.

34A-7-203.
Requirements for operating an elevator or escalator -- Inspection -- Division duties.
(1) An elevator or escalator may not operate in this state unless:
(a) the owner or operator of the elevator or escalator obtains an inspection certificate under Subsection (3); and
(b) the inspection certificate described in Subsection (1)(a) has not:
(i) expired under Subsection (3); or
(ii) been suspended under Section 34A-7-204.
(2) An elevator or escalator used or proposed to be used in this state shall be inspected as to its safety to operate in accordance with the safety code:
(a) every two years; or
(b) more frequently than every two years if the division determines that more frequent inspections are necessary.
(3)
(a) If upon inspection an elevator or escalator is safe to operate in accordance with the safety code, the inspector shall issue to the owner or operator an inspection certificate.
(b) An inspection certificate issued under Subsection (3)(a) shall expire two years from the date the inspection certificate is issued.
(4) An inspector employed by the division under this part shall at all times meet nationally recognized standards of qualifications for inspectors of elevators and escalators, as defined by rule by the division.
(5) The owner or operator of an elevator or escalator that is used in the state shall pay to the commission a fee in amounts set by the commission pursuant to Section 63J-1-504:
(a) for inspection; and
(b) for an inspection certificate.
(6) The division:
(a) shall provide for the inspection of elevators and escalators in accordance with this section;
(b) shall adopt by rule one or more nationally recognized standards or other safety codes to be used in inspecting elevators or escalators; and
(c) may adopt amendments to the safety code adopted under Subsection (6)(b).
Amended by Chapter 183, 2009 General Session