S.B. 212

1

MINERS HEALTH AND SAFETY
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
5 This act modifies the Labor Code to enact the Miner Working Conditions Act to provide
6 for meal periods and breaks.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 34-44-101, Utah Code Annotated 1953
10 34-44-102, Utah Code Annotated 1953
11 34-44-201, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 34-44-101 is enacted to read:
14 CHAPTER 44. MINING WORKING CONDITIONS ACT
15 Part 1. General Provisions
16 34-44-101. Title.
17 This chapter shall be known as the "Mining Working Conditions Act."
18 Section 2. Section 34-44-102 is enacted to read:
19 34-44-102. Definitions.
20 As used in this section:
21 (1) "Commission" means the Labor Commission.
22 (2) "Division" means the Division of Occupational Safety and Health.
23 (3) "Emergency situation" is as defined by rule by the commission.
24 (4) "Employer of a miner" means a person that employs a miner.
25 (5) "Mine" means a natural deposit of either metalliferous or nonmetalliferous valuable
26 mineral.
27 (6) "Miner" means an employee that engages in any activity that constitutes:

28 (a) mining; or
29 (b) ore or metal reduction.
30 (7) (a) "Mining" means the process of producing, extracting, leaching, evaporating, or
31 otherwise removing a mineral from a mine.
32 (b) "Mining" includes:
33 (i) open pit mining;
34 (ii) surface mining; or
35 (iii) underground mining.
36 (8) (a) "Ore or metal reduction" means the process of reducing a metal component to
37 the metal and separating the metal from the slag.
38 (b) "Ore or metal reduction" includes operations at a mill, smelter, or refinery related to
39 a mine.
40 Section 3. Section 34-44-201 is enacted to read:
41 Part 2. Hours of Work.
42 34-44-201. Meal periods and breaks to be required.
43 (1) The commission shall by rule made in accordance with Title 63, Chapter 46a, Utah
44 Administrative Rulemaking Act, require that for each work day of a miner that consists of 11
45 or more hours the employer of the miner shall provide the miner:
46 (a) a noncompensated meal period; and
47 (b) one or more compensated break periods of no less than ten minutes.
48 (2) The rules described in Subsection (1) shall provide:
49 (a) the length of time for a noncompensated meal period required by Subsection (1);
50 (b) the number and length of time for each compensated break period required by
51 Subsection (1);
52 (c) reasonable methods that an employer of a miner may use to stagger the meal
53 periods and breaks to allow the efficient and continuous operation of the employer's operations;
54 (d) when the requirements described in Subsection (1) may be waived during an
55 emergency situation; and
56 (e) the relief that may be provided a miner under Subsection (4).
57 (3) This section does not apply if:
58 (a) a collective bargaining agreement with the employer of a miner provides different

59 requirements for meal periods or breaks; or
60 (b) a federal law imposes different requirements on the employer of a miner for
61 providing miners meal periods or breaks.
62 (4) (a) In accordance with Title 63, Chapter 46b, Administrative Procedures Act, a
63 miner may file request for agency action with the division if the miner alleges that there is a
64 pattern of repeated failures to give a meal period or break required by rule made in accordance
65 with Subsection (1).
66 (b) If the division finds that there is a pattern of repeated violations of this section, the
67 division may order the employer of the miner:
68 (i) to cease violations of the section; and
69 (ii) provide an aggrieved miner appropriate relief.
70 (c) A decision of the division under this Subsection (4) may be appealed in accordance
71 with Title 63, Chapter 46b, Administrative Procedures Act.




Legislative Review Note
as of 2-18-03 7:56 AM

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

Office of Legislative Research and General Counsel