H.B. 207 Enrolled

COAL MINE REGULATION BY LABOR COMMISSION
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Gerry A. Adair
This act modifies provisions related to the Labor Code and Mines and Mining by addressing
the Labor Commission's obligation to regulate mining activities and making technical
changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
34A-1-407, as renumbered and amended by Chapter 375, Laws of Utah 1997
REPEALS:
40-2-1, as last amended by Chapter 375, Laws of Utah 1997
40-2-1.5, as last amended by Chapter 375, Laws of Utah 1997
40-2-2, as last amended by Chapter 375, Laws of Utah 1997
40-2-3, as last amended by Chapter 375, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 34A-1-407 is amended to read:
34A-1-407. Investigation of places of employment -- Violations of rules or orders --
Temporary injunction.
(1) (a) Upon complaint by any person that any employment or place of employment,
regardless of the number of persons employed, is not safe for any employee or is in violation of
state law, the commission shall refer the complaint for investigation and administrative action
under:
(i) Chapter 2, Workers' Compensation Act;
(ii) Chapter 3, Utah Occupational Disease Act;
(iii) Chapter 5, Utah Antidiscrimination Act;
(iv) Chapter 6, Utah Occupational Safety and Health Act;
(v) Chapter 7, Safety; or
(vi) any combination of Subsections (1)(a)(i) through (v).

(b) [For] Notwithstanding Subsection (1)(a) and Title 40, Chapter 2, Coal Mines, for any
Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of the commission is to
notify the appropriate federal agency of the complaint.
(2) Notwithstanding any other penalty provided in this title, if any employer, after receiving
notice, fails or refuses to obey the rules or order of the commission relative to the protection of the
life, health, or safety of any employee, the district court of Utah is empowered, upon petition of the
commission to issue, ex parte and without bond, a temporary injunction restraining the further
operation of the employer's business.
Section 2. Repealer.
This act repeals:
Section 40-2-1, Inspection of mines.
Section 40-2-1.5, Labor Commission to adopt federal safety and health standards for
coal mining.
Section 40-2-2, Right of examination and inspection.
Section 40-2-3, Coal mine operators to submit reports and emergency preparedness
plans.

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