State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-06 > 34a-6-301

34A-6-301. Inspection and investigation of workplace, worker injury, illness, orcomplaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --Employer and employee representatives -- Request for inspection -- Compilation andpublication of reports and information -- Rules.
(1) (a) The division or its representatives, upon presenting appropriate credentials to theowner, operator, or agent in charge, may:
(i) enter without delay at reasonable times any workplace where work is performed by anemployee of an employer;
(ii) inspect and investigate during regular working hours and at other reasonable times ina reasonable manner, any workplace, worker injury, occupational disease, or complaint and allpertinent methods, operations, processes, conditions, structures, machines, apparatus, devices,equipment, and materials in the workplace; and
(iii) question privately any such employer, owner, operator, agent, or employee.
(b) The division, upon an employer's refusal to permit an inspection, may seek a warrantpursuant to the Utah Rules of Criminal Procedure.
(2) (a) The division or its representatives may require the attendance and testimony ofwitnesses and the production of evidence under oath.
(b) Witnesses shall receive fees and mileage in accordance with Section 78B-1-119.
(c) (i) If any person fails or refuses to obey an order of the division to appear, any districtcourt within the jurisdiction of which such person is found, or resides or transacts business, uponthe application by the division, shall have jurisdiction to issue to any person an order requiringthat person to:
(A) appear to produce evidence if, as, and when so ordered; and
(B) give testimony relating to the matter under investigation or in question.
(ii) Any failure to obey an order of the court described in this Subsection (2)(c) may bepunished by the court as a contempt.
(3) (a) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers:
(i) to keep records regarding activities related to this chapter considered necessary forenforcement or for the development of information about the causes and prevention ofoccupational accidents and diseases; and
(ii) through posting of notices or other means, to inform employees of their rights andobligations under this chapter including applicable standards.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding any work-relateddeath and injury and any occupational disease as provided in this Subsection (3)(b).
(i) Each employer shall investigate or cause to be investigated all work-related injuriesand occupational diseases and any sudden or unusual occurrence or change of conditions thatpose an unsafe or unhealthful exposure to employees.
(ii) Each employer shall, within eight hours of occurrence, notify the division of any:
(A) work-related fatality;
(B) disabling, serious, or significant injury; or
(C) occupational disease incident.
(iii) (A) Each employer shall file a report with the Division of Industrial Accidentswithin seven days after the occurrence of an injury or occupational disease, after the employer's

first knowledge of the occurrence, or after the employee's notification of the same, in the formprescribed by the Division of Industrial Accidents, of any work-related fatality or anywork-related injury or occupational disease resulting in:
(I) medical treatment;
(II) loss of consciousness;
(III) loss of work;
(IV) restriction of work; or
(V) transfer to another job.
(B) (I) Each employer shall file a subsequent report with the Division of IndustrialAccidents of any previously reported injury or occupational disease that later resulted in death.
(II) The subsequent report shall be filed with the Division of Industrial Accidents withinseven days following the death or the employer's first knowledge or notification of the death.
(iv) A report is not required for minor injuries, such as cuts or scratches that requirefirst-aid treatment only, unless a treating physician files, or is required to file, the Physician'sInitial Report of Work Injury or Occupational Disease with the Division of Industrial Accidents.
(v) A report is not required:
(A) for occupational diseases that manifest after the employee is no longer employed bythe employer with which the exposure occurred; or
(B) where the employer is not aware of an exposure occasioned by the employmentwhich results in a compensable occupational disease as defined by Section 34A-3-103.
(vi) Each employer shall provide the employee with:
(A) a copy of the report submitted to the Division of Industrial Accidents; and
(B) a statement, as prepared by the Division of Industrial Accidents, of the employee'srights and responsibilities related to the industrial injury or occupational disease.
(vii) Each employer shall maintain a record in a manner prescribed by the commission ofall work-related fatalities or work-related injuries and of all occupational diseases resulting in:
(A) medical treatment;
(B) loss of consciousness;
(C) loss of work;
(D) restriction of work; or
(E) transfer to another job.
(viii) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to implement this Subsection (3)(b) consistent with nationallyrecognized rules or standards on the reporting and recording of work-related injuries andoccupational diseases.
(c) (i) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding exposures topotentially toxic materials or harmful physical agents required to be measured or monitoredunder Section 34A-6-202.
(ii) (A) The rules made under Subsection (3)(c)(i) shall provide for employees or theirrepresentatives:
(I) to observe the measuring or monitoring; and
(II) to have access to the records of the measuring or monitoring, and to records thatindicate their exposure to toxic materials or harmful agents.
(B) Each employer shall promptly notify employees being exposed to toxic materials or

harmful agents in concentrations that exceed prescribed levels and inform any such employee ofthe corrective action being taken.
(4) Information obtained by the division shall be obtained with a minimum burden uponemployers, especially those operating small businesses.
(5) A representative of the employer and a representative authorized by employees shallbe given an opportunity to accompany the division's authorized representative during the physicalinspection of any workplace. If there is no authorized employee representative, the division'sauthorized representative shall consult with a reasonable number of employees concerningmatters of health and safety in the workplace.
(6) (a) (i) (A) Any employee or representative of employees who believes that a violationof an adopted safety or health standard exists that threatens physical harm, or that an imminentdanger exists, may request an inspection by giving notice to the division's authorizedrepresentative of the violation or danger. The notice shall be:
(I) in writing, setting forth with reasonable particularity the grounds for notice; and
(II) signed by the employee or representative of employees.
(B) A copy of the notice shall be provided the employer or the employer's agent no laterthan at the time of inspection.
(C) Upon request of the person giving notice, the person's name and the names ofindividual employees referred to in the notice shall not appear in the copy or on any recordpublished, released, or made available pursuant to Subsection (7).
(ii) (A) If upon receipt of the notice the division's authorized representative determinesthere are reasonable grounds to believe that a violation or danger exists, the authorizedrepresentative shall make a special inspection in accordance with this section as soon aspracticable to determine if a violation or danger exists.
(B) If the division's authorized representative determines there are no reasonable groundsto believe that a violation or danger exists, the authorized representative shall notify theemployee or representative of the employees in writing of that determination.
(b) (i) Prior to or during any inspection of a workplace, any employee or representativeof employees employed in the workplace may notify the division or its representative of anyviolation of a standard that they have reason to believe exists in the workplace.
(ii) The division shall:
(A) by rule, establish procedures for informal review of any refusal by a representative ofthe division to issue a citation with respect to any alleged violation; and
(B) furnish the employees or representative of employees requesting review a writtenstatement of the reasons for the division's final disposition of the case.
(7) (a) The division may compile, analyze, and publish, either in summary or detailedform, all reports or information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, necessary to carry out its responsibilities under this chapter,including rules for information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(8) Any employer who refuses or neglects to make reports, to maintain records, or to filereports with the commission as required by this section is guilty of a class C misdemeanor andsubject to citation under Section 34A-6-302 and a civil assessment as provided under Section

34A-6-307, unless the commission finds that the employer has shown good cause for submittinga report later than required by this section.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-06 > 34a-6-301

34A-6-301. Inspection and investigation of workplace, worker injury, illness, orcomplaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --Employer and employee representatives -- Request for inspection -- Compilation andpublication of reports and information -- Rules.
(1) (a) The division or its representatives, upon presenting appropriate credentials to theowner, operator, or agent in charge, may:
(i) enter without delay at reasonable times any workplace where work is performed by anemployee of an employer;
(ii) inspect and investigate during regular working hours and at other reasonable times ina reasonable manner, any workplace, worker injury, occupational disease, or complaint and allpertinent methods, operations, processes, conditions, structures, machines, apparatus, devices,equipment, and materials in the workplace; and
(iii) question privately any such employer, owner, operator, agent, or employee.
(b) The division, upon an employer's refusal to permit an inspection, may seek a warrantpursuant to the Utah Rules of Criminal Procedure.
(2) (a) The division or its representatives may require the attendance and testimony ofwitnesses and the production of evidence under oath.
(b) Witnesses shall receive fees and mileage in accordance with Section 78B-1-119.
(c) (i) If any person fails or refuses to obey an order of the division to appear, any districtcourt within the jurisdiction of which such person is found, or resides or transacts business, uponthe application by the division, shall have jurisdiction to issue to any person an order requiringthat person to:
(A) appear to produce evidence if, as, and when so ordered; and
(B) give testimony relating to the matter under investigation or in question.
(ii) Any failure to obey an order of the court described in this Subsection (2)(c) may bepunished by the court as a contempt.
(3) (a) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers:
(i) to keep records regarding activities related to this chapter considered necessary forenforcement or for the development of information about the causes and prevention ofoccupational accidents and diseases; and
(ii) through posting of notices or other means, to inform employees of their rights andobligations under this chapter including applicable standards.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding any work-relateddeath and injury and any occupational disease as provided in this Subsection (3)(b).
(i) Each employer shall investigate or cause to be investigated all work-related injuriesand occupational diseases and any sudden or unusual occurrence or change of conditions thatpose an unsafe or unhealthful exposure to employees.
(ii) Each employer shall, within eight hours of occurrence, notify the division of any:
(A) work-related fatality;
(B) disabling, serious, or significant injury; or
(C) occupational disease incident.
(iii) (A) Each employer shall file a report with the Division of Industrial Accidentswithin seven days after the occurrence of an injury or occupational disease, after the employer's

first knowledge of the occurrence, or after the employee's notification of the same, in the formprescribed by the Division of Industrial Accidents, of any work-related fatality or anywork-related injury or occupational disease resulting in:
(I) medical treatment;
(II) loss of consciousness;
(III) loss of work;
(IV) restriction of work; or
(V) transfer to another job.
(B) (I) Each employer shall file a subsequent report with the Division of IndustrialAccidents of any previously reported injury or occupational disease that later resulted in death.
(II) The subsequent report shall be filed with the Division of Industrial Accidents withinseven days following the death or the employer's first knowledge or notification of the death.
(iv) A report is not required for minor injuries, such as cuts or scratches that requirefirst-aid treatment only, unless a treating physician files, or is required to file, the Physician'sInitial Report of Work Injury or Occupational Disease with the Division of Industrial Accidents.
(v) A report is not required:
(A) for occupational diseases that manifest after the employee is no longer employed bythe employer with which the exposure occurred; or
(B) where the employer is not aware of an exposure occasioned by the employmentwhich results in a compensable occupational disease as defined by Section 34A-3-103.
(vi) Each employer shall provide the employee with:
(A) a copy of the report submitted to the Division of Industrial Accidents; and
(B) a statement, as prepared by the Division of Industrial Accidents, of the employee'srights and responsibilities related to the industrial injury or occupational disease.
(vii) Each employer shall maintain a record in a manner prescribed by the commission ofall work-related fatalities or work-related injuries and of all occupational diseases resulting in:
(A) medical treatment;
(B) loss of consciousness;
(C) loss of work;
(D) restriction of work; or
(E) transfer to another job.
(viii) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to implement this Subsection (3)(b) consistent with nationallyrecognized rules or standards on the reporting and recording of work-related injuries andoccupational diseases.
(c) (i) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding exposures topotentially toxic materials or harmful physical agents required to be measured or monitoredunder Section 34A-6-202.
(ii) (A) The rules made under Subsection (3)(c)(i) shall provide for employees or theirrepresentatives:
(I) to observe the measuring or monitoring; and
(II) to have access to the records of the measuring or monitoring, and to records thatindicate their exposure to toxic materials or harmful agents.
(B) Each employer shall promptly notify employees being exposed to toxic materials or

harmful agents in concentrations that exceed prescribed levels and inform any such employee ofthe corrective action being taken.
(4) Information obtained by the division shall be obtained with a minimum burden uponemployers, especially those operating small businesses.
(5) A representative of the employer and a representative authorized by employees shallbe given an opportunity to accompany the division's authorized representative during the physicalinspection of any workplace. If there is no authorized employee representative, the division'sauthorized representative shall consult with a reasonable number of employees concerningmatters of health and safety in the workplace.
(6) (a) (i) (A) Any employee or representative of employees who believes that a violationof an adopted safety or health standard exists that threatens physical harm, or that an imminentdanger exists, may request an inspection by giving notice to the division's authorizedrepresentative of the violation or danger. The notice shall be:
(I) in writing, setting forth with reasonable particularity the grounds for notice; and
(II) signed by the employee or representative of employees.
(B) A copy of the notice shall be provided the employer or the employer's agent no laterthan at the time of inspection.
(C) Upon request of the person giving notice, the person's name and the names ofindividual employees referred to in the notice shall not appear in the copy or on any recordpublished, released, or made available pursuant to Subsection (7).
(ii) (A) If upon receipt of the notice the division's authorized representative determinesthere are reasonable grounds to believe that a violation or danger exists, the authorizedrepresentative shall make a special inspection in accordance with this section as soon aspracticable to determine if a violation or danger exists.
(B) If the division's authorized representative determines there are no reasonable groundsto believe that a violation or danger exists, the authorized representative shall notify theemployee or representative of the employees in writing of that determination.
(b) (i) Prior to or during any inspection of a workplace, any employee or representativeof employees employed in the workplace may notify the division or its representative of anyviolation of a standard that they have reason to believe exists in the workplace.
(ii) The division shall:
(A) by rule, establish procedures for informal review of any refusal by a representative ofthe division to issue a citation with respect to any alleged violation; and
(B) furnish the employees or representative of employees requesting review a writtenstatement of the reasons for the division's final disposition of the case.
(7) (a) The division may compile, analyze, and publish, either in summary or detailedform, all reports or information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, necessary to carry out its responsibilities under this chapter,including rules for information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(8) Any employer who refuses or neglects to make reports, to maintain records, or to filereports with the commission as required by this section is guilty of a class C misdemeanor andsubject to citation under Section 34A-6-302 and a civil assessment as provided under Section

34A-6-307, unless the commission finds that the employer has shown good cause for submittinga report later than required by this section.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-34a > Chapter-06 > 34a-6-301

34A-6-301. Inspection and investigation of workplace, worker injury, illness, orcomplaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers --Employer and employee representatives -- Request for inspection -- Compilation andpublication of reports and information -- Rules.
(1) (a) The division or its representatives, upon presenting appropriate credentials to theowner, operator, or agent in charge, may:
(i) enter without delay at reasonable times any workplace where work is performed by anemployee of an employer;
(ii) inspect and investigate during regular working hours and at other reasonable times ina reasonable manner, any workplace, worker injury, occupational disease, or complaint and allpertinent methods, operations, processes, conditions, structures, machines, apparatus, devices,equipment, and materials in the workplace; and
(iii) question privately any such employer, owner, operator, agent, or employee.
(b) The division, upon an employer's refusal to permit an inspection, may seek a warrantpursuant to the Utah Rules of Criminal Procedure.
(2) (a) The division or its representatives may require the attendance and testimony ofwitnesses and the production of evidence under oath.
(b) Witnesses shall receive fees and mileage in accordance with Section 78B-1-119.
(c) (i) If any person fails or refuses to obey an order of the division to appear, any districtcourt within the jurisdiction of which such person is found, or resides or transacts business, uponthe application by the division, shall have jurisdiction to issue to any person an order requiringthat person to:
(A) appear to produce evidence if, as, and when so ordered; and
(B) give testimony relating to the matter under investigation or in question.
(ii) Any failure to obey an order of the court described in this Subsection (2)(c) may bepunished by the court as a contempt.
(3) (a) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers:
(i) to keep records regarding activities related to this chapter considered necessary forenforcement or for the development of information about the causes and prevention ofoccupational accidents and diseases; and
(ii) through posting of notices or other means, to inform employees of their rights andobligations under this chapter including applicable standards.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding any work-relateddeath and injury and any occupational disease as provided in this Subsection (3)(b).
(i) Each employer shall investigate or cause to be investigated all work-related injuriesand occupational diseases and any sudden or unusual occurrence or change of conditions thatpose an unsafe or unhealthful exposure to employees.
(ii) Each employer shall, within eight hours of occurrence, notify the division of any:
(A) work-related fatality;
(B) disabling, serious, or significant injury; or
(C) occupational disease incident.
(iii) (A) Each employer shall file a report with the Division of Industrial Accidentswithin seven days after the occurrence of an injury or occupational disease, after the employer's

first knowledge of the occurrence, or after the employee's notification of the same, in the formprescribed by the Division of Industrial Accidents, of any work-related fatality or anywork-related injury or occupational disease resulting in:
(I) medical treatment;
(II) loss of consciousness;
(III) loss of work;
(IV) restriction of work; or
(V) transfer to another job.
(B) (I) Each employer shall file a subsequent report with the Division of IndustrialAccidents of any previously reported injury or occupational disease that later resulted in death.
(II) The subsequent report shall be filed with the Division of Industrial Accidents withinseven days following the death or the employer's first knowledge or notification of the death.
(iv) A report is not required for minor injuries, such as cuts or scratches that requirefirst-aid treatment only, unless a treating physician files, or is required to file, the Physician'sInitial Report of Work Injury or Occupational Disease with the Division of Industrial Accidents.
(v) A report is not required:
(A) for occupational diseases that manifest after the employee is no longer employed bythe employer with which the exposure occurred; or
(B) where the employer is not aware of an exposure occasioned by the employmentwhich results in a compensable occupational disease as defined by Section 34A-3-103.
(vi) Each employer shall provide the employee with:
(A) a copy of the report submitted to the Division of Industrial Accidents; and
(B) a statement, as prepared by the Division of Industrial Accidents, of the employee'srights and responsibilities related to the industrial injury or occupational disease.
(vii) Each employer shall maintain a record in a manner prescribed by the commission ofall work-related fatalities or work-related injuries and of all occupational diseases resulting in:
(A) medical treatment;
(B) loss of consciousness;
(C) loss of work;
(D) restriction of work; or
(E) transfer to another job.
(viii) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to implement this Subsection (3)(b) consistent with nationallyrecognized rules or standards on the reporting and recording of work-related injuries andoccupational diseases.
(c) (i) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, requiring employers to keep records regarding exposures topotentially toxic materials or harmful physical agents required to be measured or monitoredunder Section 34A-6-202.
(ii) (A) The rules made under Subsection (3)(c)(i) shall provide for employees or theirrepresentatives:
(I) to observe the measuring or monitoring; and
(II) to have access to the records of the measuring or monitoring, and to records thatindicate their exposure to toxic materials or harmful agents.
(B) Each employer shall promptly notify employees being exposed to toxic materials or

harmful agents in concentrations that exceed prescribed levels and inform any such employee ofthe corrective action being taken.
(4) Information obtained by the division shall be obtained with a minimum burden uponemployers, especially those operating small businesses.
(5) A representative of the employer and a representative authorized by employees shallbe given an opportunity to accompany the division's authorized representative during the physicalinspection of any workplace. If there is no authorized employee representative, the division'sauthorized representative shall consult with a reasonable number of employees concerningmatters of health and safety in the workplace.
(6) (a) (i) (A) Any employee or representative of employees who believes that a violationof an adopted safety or health standard exists that threatens physical harm, or that an imminentdanger exists, may request an inspection by giving notice to the division's authorizedrepresentative of the violation or danger. The notice shall be:
(I) in writing, setting forth with reasonable particularity the grounds for notice; and
(II) signed by the employee or representative of employees.
(B) A copy of the notice shall be provided the employer or the employer's agent no laterthan at the time of inspection.
(C) Upon request of the person giving notice, the person's name and the names ofindividual employees referred to in the notice shall not appear in the copy or on any recordpublished, released, or made available pursuant to Subsection (7).
(ii) (A) If upon receipt of the notice the division's authorized representative determinesthere are reasonable grounds to believe that a violation or danger exists, the authorizedrepresentative shall make a special inspection in accordance with this section as soon aspracticable to determine if a violation or danger exists.
(B) If the division's authorized representative determines there are no reasonable groundsto believe that a violation or danger exists, the authorized representative shall notify theemployee or representative of the employees in writing of that determination.
(b) (i) Prior to or during any inspection of a workplace, any employee or representativeof employees employed in the workplace may notify the division or its representative of anyviolation of a standard that they have reason to believe exists in the workplace.
(ii) The division shall:
(A) by rule, establish procedures for informal review of any refusal by a representative ofthe division to issue a citation with respect to any alleged violation; and
(B) furnish the employees or representative of employees requesting review a writtenstatement of the reasons for the division's final disposition of the case.
(7) (a) The division may compile, analyze, and publish, either in summary or detailedform, all reports or information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(b) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, necessary to carry out its responsibilities under this chapter,including rules for information obtained under this section, subject to the limitations set forth inSection 34A-6-306.
(8) Any employer who refuses or neglects to make reports, to maintain records, or to filereports with the commission as required by this section is guilty of a class C misdemeanor andsubject to citation under Section 34A-6-302 and a civil assessment as provided under Section

34A-6-307, unless the commission finds that the employer has shown good cause for submittinga report later than required by this section.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session


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