Section 202 – Standards — Procedure for issuance, modification, or revocation by division — Emergency temporary standard — Variances from standards — Statement of reasons for administrator’s actions — Judicial review — Priority for establishing standards.
34A-6-202. Standards — Procedure for issuance, modification, or revocation by division — Emergency temporary standard — Variances from standards — Statement of reasons for administrator’s actions — Judicial review — Priority for establishing standards. (1) (a) The division, as soon as practicable, shall issue as standards any national consensus standard, any adopted federal standard, or […]
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 […]
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 […]
Section 301 – Inspection and investigation of workplace, worker injury, illness, or complaint — Warrants — Attendance of witnesses — Recordkeeping by employers — Employer and employee representatives — Request for inspection — Compilation and publication of reports and information — Rules.
34A-6-301. Inspection and investigation of workplace, worker injury, illness, or complaint — Warrants — Attendance of witnesses — Recordkeeping by employers — Employer and employee representatives — Request for inspection — Compilation and publication of reports and information — Rules. (1) (a) The division or its representatives, upon presenting appropriate credentials to the owner, operator, […]
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 […]
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 […]
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. […]
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. […]
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 […]
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 […]