H.B. 207

1

COAL MINE REGULATION BY LABOR
2 COMMISSION
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gerry A. Adair
6 This act modifies provisions related to mining by addressing the Labor Commission's
7 obligation to regulate mining activities and making technical changes.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 34A-1-407, as renumbered and amended by Chapter 375, Laws of Utah 1997
11 REPEALS:
12 40-2-1, as last amended by Chapter 375, Laws of Utah 1997
13 40-2-1.5, as last amended by Chapter 375, Laws of Utah 1997
14 40-2-2, as last amended by Chapter 375, Laws of Utah 1997
15 40-2-3, as last amended by Chapter 375, Laws of Utah 1997
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 34A-1-407 is amended to read:
18 34A-1-407. Investigation of places of employment -- Violations of rules or orders --
19 Temporary injunction.
20 (1) (a) Upon complaint by any person that any employment or place of employment,
21 regardless of the number of persons employed, is not safe for any employee or is in violation of
22 state law, the commission shall refer the complaint for investigation and administrative action
23 under:
24 (i) Chapter 2, Workers' Compensation Act;
25 (ii) Chapter 3, Utah Occupational Disease Act;
26 (iii) Chapter 5, Utah Antidiscrimination Act;
27 (iv) Chapter 6, Utah Occupational Safety and Health Act;

28 (v) Chapter 7, Safety; or
29 (vi) any combination of Subsections (1)(a)(i) through (v).
30 (b) [For] Notwithstanding Subsection (1)(a) and Title 40, Chapter 2, Coal Mines, for any
31 Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of the commission is
32 to notify the appropriate federal agency of the complaint.
33 (2) Notwithstanding any other penalty provided in this title, if any employer, after
34 receiving notice, fails or refuses to obey the rules or order of the commission relative to the
35 protection of the life, health, or safety of any employee, the district court of Utah is empowered,
36 upon petition of the commission to issue, ex parte and without bond, a temporary injunction
37 restraining the further operation of the employer's business.
38 Section 2. Repealer.
39 This act repeals:
40 Section 40-2-1, Inspection of mines.
41 Section 40-2-1.5, Labor Commission to adopt federal safety and health standards for
42 coal mining.
43 Section 40-2-2, Right of examination and inspection.
44 Section 40-2-3, Coal mine operators to submit reports and emergency preparedness
45 plans.




Legislative Review Note
as of 12-29-00 10:46 AM

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

Office of Legislative Research and General Counsel