Funding Detail

Program: Industrial Accidents

Function

The Industrial Accidents Division investigates allegations of noncompliance and, through a series of methods, attempts to bring employers into compliance with State Workers' Compensation laws. It assesses penalties for non-compliance and it monitors injury reporting, injured employee return to work, carrier payment compliance, and informally resolves Workers' Compensation compliance disputes.

Performance

The Industrial Accidents Division (IAD) monitored workers' compensation coverage for over 79,000 Utah employers in fiscal year 2012, companies are fined for failing to provide statutorily required workers compensation insurance. IAD completed 1,272 investigations in FY 2012.

Goal 2012: 1,248
Actual 2012: 1,272

A second measure shows the level of money assessed and collected on companies that do not provide the state required workers compensation insurance for their employees.

Goal 2012: $2,200,000
Actual 2012: $2,477,000

A third measure IAD uses to determine success is the number of mediations held by the division. One of the objectives of this division is to resolve disputes between injured workers and insurance carriers. Mediation is an expedient cost effective solution which often results in a solution satisfactory to both parties. This eliminates the additional time and expense of having the case move forward to a full adjudicative hearing.

Goal 2012: 300
Actual 2012: 209

Data for FY 2008 not available

Funding Detail

Program: Appeals Board

Function

Any party dissatisfied with an administrative law judge's decision can request review by either the Labor Commissioner or an independent Appeals Board. Historically, the appeals board decides approximately 30% of these requests for review.

Funding Detail

Program: Adjudication

Function

Administrative Law Judges within the Adjudication Division conduct hearings and issue decisions resolving disputes arising from workers' compensation, employment discrimination, housing discrimination, occupational safety and health, and noncompliance matters.

Performance

The Adjudication division measures success by its timliness in setting hearings and issuing orders from those hearings. Citizens and companies benefit when hearings can have a quick resolution. The public morale is increased when disputes can be settled in a timely manner as well.

The goal is to set a hearing within five months from receipt of application. In FY 2012 Adjudication was able to accomplish this 100 percent of the time. It is also the goal of Adjudication to issue orders within 90 days of the hearing. The division was able to accomplish this 99 percent of the time in FY 2012.

Another indicator of succes for the Adjudication division is tracked with the percentage of its decisions that are affirmed by the Labor Commission's Legal Unit.

Goal 2012: 75%
Actual 2012: 73%

No Data Available for 2008

Funding Detail

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
General Fund	$889,100	$569,600	$202,200	$52,000	$64,900
General Fund, One-time	$85,000	($7,600)	$0	$0	$0
GFR - Industrial Accident Restricted Account	$0	$0	$960,800	$1,114,500	$1,176,800
Uninsured Employers' Fund	$175,500	$566,600	$0	$0	$0
Total	$1,149,600	$1,128,600	$1,163,000	$1,166,500	$1,241,700
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Personnel Services	$1,054,200	$1,026,000	$1,045,900	$1,053,700	$1,117,300
In-state Travel	$2,200	$1,300	$500	$1,200	$1,000
Out-of-state Travel	$0	$0	$2,200	$4,200	$5,000
Current Expense	$66,000	$74,200	$82,300	$71,700	$85,900
DP Current Expense	$27,200	$27,100	$32,100	$35,700	$32,500
Total	$1,149,600	$1,128,600	$1,163,000	$1,166,500	$1,241,700
Other Indicators	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Budgeted FTE	13.0	13.0	13.0	10.3	12.0
Actual FTE	12.0	11.5	11.5	11.3	0.0

Subcommittee Table of Contents

Program: Boiler, Elevator and Coal Mine Safety Division

Function

The Division of Boiler, Elevator and Coal Mine Safety is responsible for safety inspections of boilers, pressure vessels and elevators for safe design, installation, and maintenance. The division also administers competency tests to coal miners engaged in certain safety-related coal mine occupations. During the 2008 General Session, the Legislature passed Senate Bill 224, "Coal Mine Safety Act," which created the Office of Coal Mine Safety.

Performance

One measure the division uses to determine success is the percentage of overdue elevator inspections and investigations in the state. Utah elevators must pass an acceptance inspection at the completion of installation and prior to being placed in service. An elevator must also undergo a periodic (routine) inspection every two years thereafter. An elevator is deemed "overdue for inspection" at 30 days past the expiration date on the inspection certificate.

In FY 2012, the Division saw a 10 percent increase in overdue elevator units from FY 2011, taking the total percentage of overdue units to 22 percent; this represents a 37.5 percent increase since FY 2010. Since FY 2004, the average percentage of overdue units is 17 percent.



A second measure the division uses is the percentage of successful quality control audits completed. Following each inspection, a quality control audit is completed to ensure that inspections are accurate; if so, the quality control audit is considered successful. In FY 2012, successful quality control audits were completed 100 percent of the time.

A third measure the division tracks to monitor efficiency is fee income relative to inspection and certification expenditures. The goal is to keep fee income within 10 percent of expenditures. If fee income is approximately the same as it costs to conduct an inspection, the state's Return on Investment (ROI) reflects that inspections are not being overcharged for, neither undercharged and thereby burdening the state with inspection costs.

This measure is important because revenue collected goes to the General Fund. In order to support requests for additional personnel, it is important to understand that fee income will essentially allow the position to pay for itself.

The graph below shows historical data for fee income and inspection and certification expenditures; the graph also exhibits the absolute ratio of income to expenditures to show whether the division is meeting its goal of 'income within 10 percent of expenditures'.



Funding Detail

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
General Fund	$1,409,300	$1,297,500	$1,238,700	$1,278,000	$1,322,700
General Fund, One-time	$0	($8,900)	$0	$0	$0
Dedicated Credits Revenue	$20,100	$18,800	$25,000	$19,500	$25,500
Total	$1,429,400	$1,307,400	$1,263,700	$1,297,500	$1,348,200
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Personnel Services	$1,200,300	$1,161,100	$1,104,400	$1,151,600	$1,186,400
In-state Travel	$14,700	$14,100	$15,000	$14,700	$15,000
Out-of-state Travel	$2,600	$2,700	$2,600	$2,400	$2,900
Current Expense	$174,500	$102,300	$104,000	$102,900	$119,400
DP Current Expense	$37,300	$27,200	$37,700	$25,900	$24,500
Total	$1,429,400	$1,307,400	$1,263,700	$1,297,500	$1,348,200
Other Indicators	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Budgeted FTE	13.0	13.0	13.0	13.2	14.5
Actual FTE	14.4	14.0	13.0	14.0	0.0
Vehicles	12	11	12	13	12

Subcommittee Table of Contents

Program: Workplace Safety

Function

The Workplace Safety program was established in 1996 to provide free safety consultation services and promote workplace safety. Grants are available to local employers to upgrade their safety programs.

Funding Detail

The Workplace Safety Restricted Account is created and authorized in UCA 34a-2-701. It is the sole source of revenues to the Workplace Safety program. It receives .25 percent of the total workers' compensation premium to the state, as outlined in UCA 59-9-101(2)(c)(ii) .

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
GFR - Workplace Safety	$1,113,200	$1,107,500	$1,127,900	$1,199,100	$1,128,300
Lapsing Balance	($58,100)	($404,600)	($447,200)	($488,300)	$0
Total	$1,055,100	$702,900	$680,700	$710,800	$1,128,300
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Personnel Services	$0	$15,500	$41,600	$40,100	$40,100
In-state Travel	$0	$0	$0	$300	$0
Current Expense	$38,900	$33,300	$36,200	$37,700	$36,500
DP Current Expense	$800	$0	$0	$100	$0
Other Charges/Pass Thru	$1,015,400	$654,100	$602,900	$632,600	$1,051,700
Total	$1,055,100	$702,900	$680,700	$710,800	$1,128,300
Other Indicators	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Budgeted FTE	0.0	3.0	0.0	0.0	0.5
Actual FTE	0.0	0.2	0.5	0.5	0.0

Subcommittee Table of Contents

Program: Anti-Discrimination and Labor

Function

The Utah Antidiscrimination and Labor Division (UALD) enforces equal employment and housing laws, as well as Utah's laws regarding payment of wages, employment of minors and minimum wage. The division has three separate units: The Employment Discrimination Unit investigates, mediates, and resolves claims of employment discrimination; the Fair Housing Unit investigates, mediates and resolves complaints of housing discrimination; and the Wage Claim Unit administers labor laws for wage payment, employment of minors, and minimum wage. The division also has an alternative dispute resolution program that manages a successful mediation program for all three units.

Performance

One measure the Anti-discrimination and Labor (UALD) uses to determine success is the number of employment discrimination case closures for a fiscal year. UALD has a federal contract that bases funding levels on this measure. An important note when analyzing these numbers is that they are based on a federal fiscal year, rather than a state fiscal year.

Goal 2012: 534
Actual 2012: 575
The graph below shows UALD's historical closures per year since FY 2008.


A second measure UALD uses to determine success is the number of wage claim closures each year. One of the division's goals is to reduce its backlog of cases. To achieve this goal, the division must close more cases than it receives in a given year.

Goal 2012: 1,250
Actual 2012: 1,444
The graph below shows the historical trend of case closures since FY 2008.


In conjunction with wage claim case closures per year, UALD has recently begun tracking wage claim cost per case; it represents costs divided by number of cases.

Goal July 2012: $20.13
Actual July 2012: $18.96

A third measure the division tracks to determine success is housing discrimination case closures per year.

Goal 2012: 75
Actual 2012: 50
The graph below charts historical case closures since FY 2008.


Funding Detail

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
General Fund	$1,293,000	$905,800	$1,202,100	$1,213,200	$1,182,700
General Fund, One-time	$0	($6,200)	$0	$46,100	$0
Federal Funds	$344,900	$697,500	$402,500	$435,900	$568,800
GFR - Industrial Accident Restricted Account	$0	$0	$0	$0	$56,800
Total	$1,637,900	$1,597,100	$1,604,600	$1,695,200	$1,808,300
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Personnel Services	$1,466,500	$1,416,200	$1,419,200	$1,538,500	$1,610,600
In-state Travel	$500	$1,900	$600	$900	$500
Out-of-state Travel	$20,000	$14,600	$10,800	$20,100	$8,900
Current Expense	$124,700	$122,200	$128,600	$76,500	$138,600
DP Current Expense	$26,200	$42,200	$45,400	$50,200	$49,700
Other Charges/Pass Thru	$0	$0	$0	$9,000	$0
Total	$1,637,900	$1,597,100	$1,604,600	$1,695,200	$1,808,300
Other Indicators	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Budgeted FTE	21.0	21.0	21.0	21.6	23.3
Actual FTE	21.3	20.6	20.9	21.9	0.0

Subcommittee Table of Contents

Program: Utah OSHA

Function

The Utah OSHA Division ensures employee safety and health in Utah by working with employers and employees to create better working environments. Utah OSHA is focusing on three strategies: 1) strong, fair and effective enforcement; 2) outreach, education and compliance assistance; and 3) partnerships and cooperative programs. Because Utah's Occupational Safety and Health Act is "as effective as" federal OSHA standards, the federal government defers to Utah OSHA for enforcement of occupational safety and health requirements. Federal funds pay a substantial part of the division's operating expenses.

Utah OSHA provides free consultation to assist employers in making their operations safe and healthy, and also trains workers and employers to understand safety standards. Utah OSHA also inspects places of employment and, where necessary, requires employers to comply with workplace safety and health standards. Inspectors also check to assure that businesses carry workers' compensation insurance. Additionally, Utah OSHA compiles workplace accident statistics.

Intent Language

The Legislature intends that the FY 2012 appropriation increase of $49,000 for the Utah Occupational Safety and health Division in the Utah Labor Commission be used to expand the division's fleet by five vehicles.

Performance

To reflect its effectivness, the division tracks a number of different interventions with employers throughout the fiscal year. Interventions occur when a division employee comes into contact with an employer. The division has highlighted three types of interventions it deems as most representative of its success, they are: Compliance and Consultation, Assistance, and Number of Workers Covered by Utah OSHA. Historical data for each of these intervention types is provided below.

In FY 2012 the division increased its total compliance and consultation interventions by about 25 percent from FY 2011. These interventions track how many visits to employer sites are done each year to determine if safety laws are being followed. Another significance of this measure is its accountability for federal grant money.

Goal 2012: 1,850
Actual: 1,897


This measure tracks how many visits to employer sites are done each year to assist companies who ask for expert help in providing a safe environment for employees. The division also cites this as a key measure for reporting the number of site visits to the federal agency in order to meet contractual obligations.

Goal 2012: 652
Actual 2012: 1,001

Labor - Utah OSHA Assistance

With over 1 million employees in the state, the number of workers covered by Utah OSHA measure reflects the number of employees who are impacted by the division's inspections, compared with the work population as a whole, it represents the total number of employees from site visits during the fiscal year.

Goal 2012: 86,100
Actual 2012: 289,959

Data Not Available for FY 2008

Funding Detail

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
General Fund	$754,500	$717,100	$1,126,900	$912,600	$1,040,900
General Fund, One-time	$0	($9,200)	$0	$0	$0
Federal Funds	$1,980,000	$2,185,600	$1,971,500	$2,570,700	$2,171,500
GFR - Workplace Safety	$436,100	$430,700	$435,300	$364,500	$444,800
Transfers	$0	$0	$0	($49,000)	$0
Lapsing Balance	$0	($129,000)	$0	$0	$0
Total	$3,170,600	$3,195,200	$3,533,700	$3,798,800	$3,657,200
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Personnel Services	$2,790,600	$2,810,300	$3,083,800	$3,091,000	$3,235,000
In-state Travel	$7,300	$6,000	$6,700	$13,500	$6,900
Out-of-state Travel	$30,900	$6,800	$12,100	$21,200	$12,200
Current Expense	$235,700	$274,100	$298,200	$609,900	$292,100
DP Current Expense	$106,100	$98,000	$132,900	$112,200	$111,000
Transfers	$0	$0	$0	($49,000)	$0
Total	$3,170,600	$3,195,200	$3,533,700	$3,798,800	$3,657,200
Other Indicators	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Budgeted FTE	31.0	31.0	31.0	43.0	42.0
Actual FTE	37.4	37.6	40.4	40.3	0.0
Vehicles	15	21	20	24	25

Subcommittee Table of Contents

Program: Building Operations and Maintenance

Function

This program shows the amount allocated to pay the office rent. The Labor Commission is primarily located at the Heber M. Wells Building off of 300 South and 200 East in Salt Lake City. The building is owned by the State and operated by the Division of Facilities Construction and Management (DFCM).

Funding Detail

Sources of Finance (click linked fund name for more info)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
General Fund	$151,300	$151,300	$151,300	$151,300	$151,300
General Fund, One-time	$0	$0	$0	$2,900	$0
Total	$151,300	$151,300	$151,300	$154,200	$151,300
Categories of Expenditure (mouse-over category name for definition)	2009 Actual	2010 Actual	2011 Actual	2012 Actual	2013 Approp
Current Expense	$151,300	$151,300	$151,300	$154,200	$151,300
Total	$151,300	$151,300	$151,300	$154,200	$151,300

Subcommittee Table of Contents