Agency: Labor Commission

Line Item: Labor Commission

Function

The Labor Commission line item consists of the following programs:

• Administration;
• Industrial Accidents;
• Appeals Board;
• Adjudication;
• Workplace Safety;
• Boiler, Elevator, and Coal Mine Safety;
• Antidiscrimination and Labor (UALD);
• Utah Occupational Safety and Health (Utah OSHA); and
• Building Operations and Maintenance.

Funding Detail

For more detail about a particular source of finance or organizational unit, click a linked entry in the left column of the table(s) below.

Program: Administration

Function

The Administration program provides management and oversight for all aspects of the Labor Commission.

Including:

• Centralized accounting,
• payroll,
• personnel,
• customer relations,
• human resources,
• legal appeals from the adjudication divison,
• budgeting, and
• data processing (DTS).

Performance

To measure its performance the administration seeks input from employees through an annual survey to understand if it is supporting employees in their work effectively.

The Labor Commission submitted the three questions from this survey it deems as most informative for measuring its performance.

They measure:

1. The administration's overall performance
2. whether employees have the physical tools (computers, cars, etc.) they need to do their jobs; and
3. employee satisfaction with working in the Labor Commission respectively.

These questions are measured on a Likert Scale where 4=strongly agree, 3=agree, 2=neutral, 1=disagree 0=strongly disagree:

Are employees satisfied with the service that Administration provides to them for centralized services?

This measures the level of service that the Administration provides to employees in supporting their work. It is important because this is the only overall measure of Administration performance we have.

FY 2012 Results:

Goal: 2.75
Actual (Sept. 2011): 2.9

FY 2013 Results:

Goal: 3.00
Actual (Nov. 2013): 3.1

Are employees satisfied with Admin's ability to provide appropriate technology and physical resources they need in order to do their work?

This measures whether employees have the physical tools (computers, cars, etc.) they need to do their jobs. Where the administration is involved in the purchase of this equipment, it is important to make sure that employees have the tools they need, and the tools aren't the problem if they aren't succeeding.

FY 2012 Results:

Goal: 2.75
Actual (August 2012): 2.9

FY 2013 Results:

Goal: 3.00
Actual (Nov. 2013): 3.1

Are employees proud to work for the Labor Commission because it provides valuable service to the public in an outstanding way?

This measures whether employees feel the Labor Commission is doing the tasks they are assigned. It is important because it shows that they aren't doing their jobs just for the money they are paid - they feel that they are really making a difference to the citizens of the state.

FY 2012 Results:

Goal: 3.00
Actual (August 2012): 3.40

FY 2013 Results:

Goal: 3.00
Actual: 3.30

Another important function of Administration centers around its Legal Unit. 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.

This demonstrates the number of cases being reviewed by the Legal Unit. Since FY 2003, the Legal Unit has averaged about 119 review decisions issued each fiscal year. Note that in FY 06 there were a group of about 80 cases that were decided as one.

The graph below shows the historical backlog of cases pending review for each fiscal year, which has been markedly reduced from 227 in FY 2008 to a current backlog of 1 case with the addition of an FTE.

The percentage of legal unit decisions affirmed by the Utah Supreme Court or Utah Court of Appeals demonstrates the quality and accuracy of decisions issued by the Legal Unit. If cases are being overturned at the next level of appeal, it would demonstrate that decisions are not accurate. This is important because the Legal Unit should be making sound and correct legal decisions.

FY 2012 Results:

Goal: 90%
Actual: 82%

FY 2013 Results:

Goal: 90%
Actual: 83%

Funding Detail

Program: Industrial Accidents

Function

The Industrial Accidents Division (IAD) 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

Mediations. An IAD objective 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.

Noncompliance Orders Issued. This measure is the number of cases where a company is fined for failing to provide statutorily required workers compensation insurance.

The reduction in orders issued results from: 1) time working on the quality of the orders which resulted in a decrease in the quantity (as part of the success framework); and 2) providing backup on workers' compensation waivers until the time that the Legislature authorized a new FTE for this work from the Industrial Accidents Restricted Account.

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

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 timeliness 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.

Adjudication Division issues orders timely (% of orders are issued within 90 days of when ready for order)

This measure represents our goal of issuing orders within our goal of 90 days from the date of the hearing. It is important because residents and companies need to be able to get a decision made on a timely basis. It shows whether we are getting decisions issued in a timely manner.

FY 2012 Results:

Goal: 100%
Actual: 99%

FY 2013 Results:

Goal: 100%
Actual: 97%

Percentage of decisions affirmed by the Labor Commission's Legal Unit.

This measure shows whether the decisions being made by the Administrative Law Judges (ALJ) are accurate and all the factors involved have been accurately considered by the ALJs. If they are constantly being overturned at the next level of appeal, it would indicate that the ALJ's aren't making correct decisions.

Funding Detail

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

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.

Successful quality control audits completed 100 percent of the time. Following each inspection, a quality control audit is completed to ensure that inspections are accurate; if so, the quality control audit is considered successful.

This measure indicates whether the inspectors are doing a good job with their inspections. When they are reviewed periodically it insures that inspectors are really doing what they need to do to insure that the inspections are accurate. It is important because the state has the obligation to insure that elevators are operating safely for the safety of the public.

FY 2012 Results:

Goal: 100%
Actual: 100%

FY 2013 Results:

Goal: 100%
Actual: 100%

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

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.

Special Funds

Workplace Safety Restricted Account. 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) .

Funding Detail

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:

• Employment Discrimination Unit. Investigates, mediates, and resolves claims of employment discrimination.
• Fair Housing Unit. Investigates, mediates and resolves complaints of housing discrimination.
• 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

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.

Number of wage claim closures in a fiscal 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.

Housing discrimination case closures per year. This section enforces laws prohibiting discrimination in the renting, purchasing or financing of housing based on race, sex, disability, religion, color, national origin, familial status (families with children under 18) and source of income (government assistance).

Funding Detail

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
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.

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: 1) Compliance and consultation 2) assistance, and 3) number of workers covered by Utah OSHA.

1. Compliance and consultation interventions. 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.
   

2. Assistance. 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.
   

3. Number of workers covered by Utah OSHA. With over 1 million employees in the state, the number of workers covered by Utah OSHA 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.

Funding Detail

Program: Building Operations and Maintenance

Function

This program shows the amount allocated to pay building security and operations and maintenance. 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