S.B. 109

1

LABOR - WORKING CONDITIONS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Buhler
5 AN ACT RELATING TO LABOR; ELIMINATING EIGHT-HOUR DAY LIMIT ON
6 WORKERS IN SMELTERS AND REFINERIES; AND MAKING TECHNICAL
7 CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 34-21-2 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
11 34-21-2 (Superseded 07/01/97), as last amended by Chapter 133, Laws of Utah 1988
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 34-21-2 (Effective 07/01/97) is amended to read:
14 34-21-2 (Effective 07/01/97). Eight-hour day -- Mines, and related industries --
15 Exceptions.
16 (1) (a) [The work period of workers in smelters and all other institutions for the reduction
17 or refining of ores or metals may not exceed eight hours per day.] The work period of [workers]
18 a worker in [all] underground mines or workings may not exceed eight hours per day, except in
19 [cases] a case of an emergency [where] when life or property is in imminent danger. [Workers]
20 (b) A worker on underground hoists or pumps that are in continuous operation may not
21 be underground more than eight hours and 30 minutes per day.
22 [(b)] (c) The work period for underground mines and workings is computed from the time
23 [workers go] a worker goes underground until [they return] the worker returns to the surface.
24 (2) The Division of Labor, Safety, and Program Regulation may certify in writing to an
25 employer that a longer work period does not violate Subsection (1) if, after interested parties have
26 had an opportunity to present evidence, the Division of Labor, Safety, and Program Regulation
27 determines that the longer work period is not detrimental to the life, health, safety, and welfare of

1 workers.
2 (3) It is a class B misdemeanor for an employer to violate this section.
3 Section 2. Section 34-21-2 (Superseded 07/01/97) is amended to read:
4 34-21-2 (Superseded 07/01/97). Eight-hour day -- Mines and related industries --
5 Exceptions.
6 (1) [The work period of workers in smelters and all other institutions for the reduction or
7 refining of ores or metals may not exceed eight hours per day.] (a) The work period of [workers]
8 a worker in [all] underground mines or workings may not exceed eight hours per day, except in
9 cases of an emergency [where] when life or property is in imminent danger. [Workers]
10 (b) A worker on underground hoists or pumps that are in continuous operation may not
11 be underground more than eight hours and 30 minutes per day.
12 (c) The work period for underground mines and workings is computed from the time
13 [workers go] a worker goes underground until [they return] the worker returns to the surface.
14 (2) The Industrial Commission may certify in writing to an employer that a longer work
15 period does not violate Subsection (1) if, after interested parties have had an opportunity to present
16 evidence, the commission determines that the longer work period is not detrimental to the life,
17 health, safety, and welfare of workers.
18 (3) It is a class B misdemeanor for an employer to violate this section.




Legislative Review Note
as of 12-12-96 2:45 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -