Download Zipped Enrolled WP 6.1 SB0110.ZIP 7,497 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 110 Enrolled
AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE EXCLUSIVE
REMEDY; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
35A-3-105 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of
Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 35A-3-105 (Effective 07/01/97) is amended to read:
35A-3-105 (Effective 07/01/97). Exclusive remedy against employer, or officer, agent
or employee -- Employee leasing arrangements.
(1) The right to recover compensation pursuant to this chapter for injuries sustained by an
employee, whether resulting in death or not, shall be the exclusive remedy against the employer
and shall be the exclusive remedy against any officer, agent, or employee of the employer and the
liabilities of the employer imposed by this chapter shall be in place of any and all other civil
liability whatsoever, at common law or otherwise, to the employee or to his spouse, widow,
children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other
person whomsoever, on account of any accident or injury or death, in any way contracted,
sustained, aggravated, or incurred by the employee in the course of or because of or arising out of
his employment, and no action at law may be maintained against an employer or against any
officer, agent, or employee of the employer based upon any accident, injury, or death of an
employee. Nothing in this section, however, shall prevent an employee, or his dependents, from
filing a claim with the department for compensation in those cases within Chapter 3a, Utah
Occupational Disease Act.
(2) The exclusive remedy provisions of this section apply to both the client company and
the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
Employee Leasing Company Licensing Act.
(3) (a) For purposes of this section:
(i) "Temporary employee" means an individual who for temporary work assignment is:
(A) an employee of a temporary staffing company; or
(B) registered by or otherwise associated with a temporary staffing company.
(ii) "Temporary staffing company" means a company that engages in the assignment of
individuals as temporary full-time or part-time employees to fill assignments with a finite ending
date to another independent entity.
(b) If the temporary staffing company secures the payment of workers' compensation in
accordance with Section 35A-3-201 for all temporary employees of the temporary staffing company,
the exclusive remedy provisions of this section apply to both the temporary staffing company and
the client company and its employees and provide the temporary staffing company the same
protection that a client company and its employees has under this section for the acts of any of the
temporary staffing company's temporary employees on assignment at the client company worksite.
Section 2. Effective date.
This act takes effect on July 1, 1997.
[Bill Documents][Bills Directory]