Section 303 – Enforcement procedures — Notification to employer of proposed assessment — Notification to employer of failure to correct violation — Contest by employer of citation or proposed assessment — Procedure.
Effective 5/8/2018 34A-6-303. Enforcement procedures — Notification to employer of proposed assessment — Notification to employer of failure to correct violation — Contest by employer of citation or proposed assessment — Procedure. (1) (a) If the division issues a citation under Subsection 34A-6-302(1), it shall within a reasonable time after inspection or investigation, notify the […]
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 […]
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 […]
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 […]
Section 307 – Civil and criminal penalties.
Effective 5/4/2022 34A-6-307. Civil and criminal penalties. (1) (a) The commission may assess civil penalties against an employer who has received a citation under Section 34A-6-302 as follows: (i) except as provided in Subsections (1)(a)(ii) through (1)(a)(iv), the commission may assess up to $13,653 for each cited violation; (ii) the commission may not assess more […]
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 […]
Section 107 – Research and related activities.
34A-6-107. Research and related activities. (1) (a) The division, after consultation with other appropriate agencies, shall conduct, directly or by grants or contracts, whether federal or otherwise, research, experiments, and demonstrations in the area of occupational safety and health, including studies of psychological factors involved in innovative methods, techniques, and approaches for dealing with occupational […]
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 […]
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) […]
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 […]