Compendium of Budget Information for the 2012 General Session

Business, Economic Development, & Labor
Appropriations Subcommittee

Function

The Labor Commission line item consists of the following programs: Administration, Industrial Accidents, Appeals Board, Adjudication, Workplace Safety, Boiler and Elevator Safety, Anti-Discrimination, Utah Occupational Safety and Health, and Building Operations and Maintenance.

Intent Language

Under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations from the Industrial Accidents Restricted Account provided for the Utah Labor Commission line item in Item 57 of Chapter 2 Laws of Utah 2010 not lapse at the close of Fiscal Year 2011.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$6,483,600	$6,261,500	$6,001,600	$5,872,100	$5,426,300
General Fund, One-time	$196,000	$439,700	($178,900)	$0	$0
Federal Funds	$2,217,400	$2,324,900	$2,883,100	$2,374,000	$2,512,600
Dedicated Credits Revenue	$17,900	$45,100	$18,800	$25,000	$25,000
GFR - Industrial Accident Restricted Account	$0	$0	$0	$2,084,600	$2,512,500
GFR - Workplace Safety	$1,588,400	$1,580,300	$1,569,200	$1,563,200	$1,563,600
Employers' Reinsurance Fund	$0	$73,000	$73,000	$73,000	$73,600
Uninsured Employers' Fund	$1,227,400	$1,517,100	$1,507,900	$0	$0
Transfers	$25,000	$0	($81,900)	$0	$0
Beginning Nonlapsing	$565,000	$0	$0	$0	$0
Lapsing Balance	($862,100)	($86,200)	($551,100)	($602,500)	$0
Total	$11,458,600	$12,155,400	$11,241,700	$11,389,400	$12,113,600

Programs:	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Administration	$2,207,300	$2,219,600	$1,810,200	$1,626,100	$1,789,600
Industrial Accidents	$1,218,600	$1,327,600	$1,327,100	$1,348,900	$1,454,000
Appeals Board	$16,600	$14,300	$21,900	$17,400	$24,000
Adjudication	$1,159,300	$1,149,600	$1,128,600	$1,163,000	$1,201,400
Boiler, Elevator and Coal Mine Safety Division	$1,224,400	$1,429,400	$1,307,400	$1,263,700	$1,192,400
Workplace Safety	$1,031,700	$1,055,100	$702,900	$680,700	$1,199,500
Anti-Discrimination and Labor	$1,429,000	$1,637,900	$1,597,100	$1,604,600	$1,561,200
Utah Occupational Safety and Health	$3,038,900	$3,170,600	$3,195,200	$3,533,700	$3,540,200
Building Operations and Maintenance	$132,800	$151,300	$151,300	$151,300	$151,300
Total	$11,458,600	$12,155,400	$11,241,700	$11,389,400	$12,113,600

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$8,019,200	$8,740,600	$8,511,500	$8,697,200	$8,611,600
In-state Travel	$37,700	$28,100	$26,200	$25,100	$28,200
Out-of-state Travel	$101,200	$60,200	$28,400	$30,800	$28,800
Current Expense	$1,181,000	$1,146,900	$1,007,700	$991,800	$1,242,600
DP Current Expense	$1,189,100	$1,007,000	$1,013,800	$1,041,600	$1,038,700
Other Charges/Pass Thru	$930,400	$1,172,600	$654,100	$602,900	$1,163,700
Total	$11,458,600	$12,155,400	$11,241,700	$11,389,400	$12,113,600

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	113.0	107.0	110.0	107.0	111.6
Actual FTE	0.0	0.0	110.3	110.5	0.0
Vehicles	28	28	33	33	34

Subcommittee Table of Contents

Program: Administration

Function

The Administration provides management and oversight for all aspects of the Labor Commission. Centralized accounting, payroll, personnel, customer relations, human resources, legal appeals from the adjudication divison and budgeting are all included in this program.

Performance

The Commission's administrative law judges (ALJs) decide any dispute arising from enforcement of Utah's governing laws for workers' compensation, employment and housing discrimination, and workplace safety.

When a subject of a dispute wishes to appeal the ALJs decision of their respective case, they can request a review by the Commissioner or the Commission's Appeals Board. The Legal Unit assists the Commissioner and the Appeals Board in reviewing these cases.

Since FY 2001, the Legal Unit has averaged about 114 review decisions issued each fiscal year. In FY 2011, the number of review decisions issued by the Legal Unit declined by 7%. At 141 decisions issued, FY 2011 numbers were well above the average.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$1,984,000	$1,750,000	$2,012,800	$1,617,200	$1,758,000
General Fund, One-time	$100,000	$354,700	($146,900)	$0	$0
Federal Funds	$34,700	$0	$0	$0	$0
Dedicated Credits Revenue	$0	$25,000	$0	$0	$0
GFR - Workplace Safety	$27,900	$31,000	$31,000	$0	$31,200
Employers' Reinsurance Fund	$0	$0	$0	$15,000	$0
Uninsured Employers' Fund	$0	$65,000	$0	$0	$400
Transfers	$0	$0	($81,900)	$0	$0
Beginning Nonlapsing	$65,000	$0	$0	$0	$0
Lapsing Balance	($4,300)	($6,100)	($4,800)	($6,100)	$0
Total	$2,207,300	$2,219,600	$1,810,200	$1,626,100	$1,789,600

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$891,400	$1,010,300	$943,100	$877,400	$902,100
In-state Travel	$2,300	$400	$600	$400	$700
Out-of-state Travel	($5,400)	$2,600	$500	$2,100	$500
Current Expense	$238,600	$276,600	$173,100	$122,600	$196,500
DP Current Expense	$1,080,400	$772,500	$692,900	$623,600	$689,800
Other Charges/Pass Thru	$0	$157,200	$0	$0	$0
Total	$2,207,300	$2,219,600	$1,810,200	$1,626,100	$1,789,600

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	10.0	10.0	10.0	10.0	10.0
Actual FTE	0.0	0.0	10.3	8.7	0.0
Vehicles	1	1	1	1	1

Subcommittee Table of Contents

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 2011 and issued penalties for those found not compliant. IAD completed 1,473 investigations in FY 2011.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$75,600	$0	$325,500	$316,300	$34,500
General Fund, One-time	$96,000	$0	$0	$0	$0
GFR - Industrial Accident Restricted Account	$0	$0	$0	$1,123,800	$1,419,300
Employers' Reinsurance Fund	$0	$73,000	$73,000	$58,000	$73,600
Uninsured Employers' Fund	$1,227,400	$1,276,600	$941,300	$0	($73,400)
Lapsing Balance	($180,400)	($22,000)	($12,700)	($149,200)	$0
Total	$1,218,600	$1,327,600	$1,327,100	$1,348,900	$1,454,000

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$1,130,700	$1,204,700	$1,117,900	$1,108,000	$1,021,500
In-state Travel	$3,500	$3,000	$2,300	$1,900	$2,300
Out-of-state Travel	$8,500	$4,100	$3,800	$1,000	$3,800
Current Expense	$57,800	$78,900	$76,700	$68,100	$275,700
DP Current Expense	$18,100	$36,900	$126,400	$169,900	$150,700
Total	$1,218,600	$1,327,600	$1,327,100	$1,348,900	$1,454,000

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	19.0	19.0	19.0	19.0	13.5
Actual FTE	0.0	0.0	16.1	15.5	0.0

Subcommittee Table of Contents

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

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$16,600	$14,300	$22,000	$17,400	$24,000
General Fund, One-time	$0	$0	($100)	$0	$0
Total	$16,600	$14,300	$21,900	$17,400	$24,000

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$16,100	$14,000	$21,400	$16,900	$24,000
Current Expense	$500	$300	$500	$500	$0
Total	$16,600	$14,300	$21,900	$17,400	$24,000

Subcommittee Table of Contents

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

Since FY 2006 the Division has averaged approximately 90 new cases filed each year. In FY 2011 the Division saw a 28% increase in new cases filed from FY 2010 with a total of 120. This number is also well above the 90 case average since FY 2006.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$1,159,300	$889,100	$569,600	$202,200	$35,200
General Fund, One-time	$0	$85,000	($7,600)	$0	$0
GFR - Industrial Accident Restricted Account	$0	$0	$0	$960,800	$1,093,200
Uninsured Employers' Fund	$0	$175,500	$566,600	$0	$73,000
Total	$1,159,300	$1,149,600	$1,128,600	$1,163,000	$1,201,400

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$1,038,200	$1,054,200	$1,026,000	$1,045,900	$1,081,800
In-state Travel	$5,500	$2,200	$1,300	$500	$1,600
Out-of-state Travel	$21,200	$0	$0	$2,200	$0
Current Expense	$84,900	$66,000	$74,200	$82,300	$88,100
DP Current Expense	$9,500	$27,200	$27,100	$32,100	$29,900
Total	$1,159,300	$1,149,600	$1,128,600	$1,163,000	$1,201,400

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	14.0	13.0	13.0	13.0	10.3
Actual FTE	0.0	0.0	11.5	11.5	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

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 2011, the Division saw a 25% increase in overdue elevator units from FY 2010, taking the total overdue units to 20%. This increase also raises the overdue units above the average since FY 2004.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$1,181,500	$1,409,300	$1,297,500	$1,238,700	$1,167,400
General Fund, One-time	$0	$0	($8,900)	$0	$0
Dedicated Credits Revenue	$17,900	$20,100	$18,800	$25,000	$25,000
Transfers	$25,000	$0	$0	$0	$0
Total	$1,224,400	$1,429,400	$1,307,400	$1,263,700	$1,192,400

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$1,066,300	$1,200,300	$1,161,100	$1,104,400	$1,049,400
In-state Travel	$15,900	$14,700	$14,100	$15,000	$13,200
Out-of-state Travel	$2,500	$2,600	$2,700	$2,600	$2,500
Current Expense	$125,800	$174,500	$102,300	$104,000	$99,500
DP Current Expense	$13,900	$37,300	$27,200	$37,700	$27,800
Total	$1,224,400	$1,429,400	$1,307,400	$1,263,700	$1,192,400

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	13.0	13.0	13.0	13.0	13.3
Actual FTE	0.0	0.0	14.0	13.0	0.0
Vehicles	12	12	11	12	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 workplaces safety. Grants are available to local employers to upgrade their safety programs.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
GFR - Workplace Safety	$1,209,100	$1,113,200	$1,107,500	$1,127,900	$1,199,500
Beginning Nonlapsing	$500,000	$0	$0	$0	$0
Lapsing Balance	($677,400)	($58,100)	($404,600)	($447,200)	$0
Total	$1,031,700	$1,055,100	$702,900	$680,700	$1,199,500

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$56,400	$0	$15,500	$41,600	$0
In-state Travel	$0	$0	$0	$0	$1,000
Out-of-state Travel	$1,900	$0	$0	$0	$0
Current Expense	$41,200	$38,900	$33,300	$36,200	$33,800
DP Current Expense	$1,800	$800	$0	$0	$1,000
Other Charges/Pass Thru	$930,400	$1,015,400	$654,100	$602,900	$1,163,700
Total	$1,031,700	$1,055,100	$702,900	$680,700	$1,199,500

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	3.0	0.0	3.0	0.0	0.0
Actual FTE	0.0	0.0	0.2	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

The Division has seen a steady increase in employement discrimination cases filed per investigator each fiscal year since 2006. In FY 2011, the Division saw a 9% decrease in cases filed per investigator from FY 2010.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$861,000	$1,293,000	$905,800	$1,202,100	$1,206,900
General Fund, One-time	$0	$0	($6,200)	$0	$0
Federal Funds	$568,000	$344,900	$697,500	$402,500	$354,300
Total	$1,429,000	$1,637,900	$1,597,100	$1,604,600	$1,561,200

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$1,282,300	$1,466,500	$1,416,200	$1,419,200	$1,375,600
In-state Travel	$200	$500	$1,900	$600	$1,900
Out-of-state Travel	$40,700	$20,000	$14,600	$10,800	$14,600
Current Expense	$89,100	$124,700	$122,200	$128,600	$126,100
DP Current Expense	$16,700	$26,200	$42,200	$45,400	$43,000
Total	$1,429,000	$1,637,900	$1,597,100	$1,604,600	$1,561,200

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	22.0	21.0	21.0	21.0	21.6
Actual FTE	0.0	0.0	20.6	20.9	0.0

Subcommittee Table of Contents

Program: Utah Occupational Safety and Health

Function

The Utah Occupational Safety and Health (UOSH) Division ensures employee safety and health in Utah by working with employers and employees to create better working environments. UOSH 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 UOSH for enforcement of occupational safety and health requirements. Federal funds pay a substantial part of UOSH's operating expenses.

UOSH provides free consultation to assist employers in making their operations safe and healthy, and also trains workers and employers to understand safety standards. UOSH 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, UOSH compiles workplace accident statistics.

Performance

To reflect its effectivness, the Division tracks the number of compliance and consultation interventions with employers throughout the fiscal year. In FY 2011 the Division saw a slight 5% decrease in the number of interventions from FY 2010.

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$1,072,800	$754,500	$717,100	$1,126,900	$1,049,000
General Fund, One-time	$0	$0	($9,200)	$0	$0
Federal Funds	$1,614,700	$1,980,000	$2,185,600	$1,971,500	$2,158,300
GFR - Workplace Safety	$351,400	$436,100	$430,700	$435,300	$332,900
Lapsing Balance	$0	$0	($129,000)	$0	$0
Total	$3,038,900	$3,170,600	$3,195,200	$3,533,700	$3,540,200

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Personnel Services	$2,537,800	$2,790,600	$2,810,300	$3,083,800	$3,157,200
In-state Travel	$10,300	$7,300	$6,000	$6,700	$7,500
Out-of-state Travel	$31,800	$30,900	$6,800	$12,100	$7,400
Current Expense	$410,300	$235,700	$274,100	$298,200	$271,600
DP Current Expense	$48,700	$106,100	$98,000	$132,900	$96,500
Total	$3,038,900	$3,170,600	$3,195,200	$3,533,700	$3,540,200

Other Indicators	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Budgeted FTE	32.0	31.0	31.0	31.0	43.0
Actual FTE	0.0	0.0	37.6	40.4	0.0
Vehicles	15	15	21	20	21

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 100 East in Salt Lake City. The building is owned by the State and operated by the Division of Facilities and Construction Management (DFCM).

Funding Detail

Sources of Finance	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
General Fund	$132,800	$151,300	$151,300	$151,300	$151,300
Total	$132,800	$151,300	$151,300	$151,300	$151,300

Categories of Expenditure	2008 Actual	2009 Actual	2010 Actual	2011 Actual	2012 Approp
Current Expense	$132,800	$151,300	$151,300	$151,300	$151,300
Total	$132,800	$151,300	$151,300	$151,300	$151,300

Subcommittee Table of Contents