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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah State Personnel Management Act to address workplace
10 abusive conduct.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ authorizes discipline for a person who engages in abusive conduct;
15 ▸ requires training;
16 ▸ requires publishing information on a website;
17 ▸ outlines the scope of section; and
18 ▸ requires reporting.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 67-19-44, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 67-19-44 is enacted to read:
29 67-19-44. Abusive conduct.
30 (1) As used in this section:
31 (a) (i) "Abusive conduct " means acts or omissions, or both, that a reasonable person in
32 the position of the employee to whom the conduct is directed and with regard to all
33 circumstances, would conclude is victimizing, humiliating, undermining, threatening, or
34 distressing based on the severity, nature, and frequency of the conduct.
35 (ii) "Abusive conduct" does not include a single act, unless it is an especially severe
36 and egregious act that meets the standard under Subsection (1)(a)(i).
37 (iii) Abusive conduct that causes physical harm or psychological harm is considered
38 especially egregious.
39 (iv) It is considered an aggravating factor that the abusive conduct exploits an
40 employee's known physical or psychological illness or disability.
41 (b) "Physical harm" means the impairment of a person's physical health or bodily
42 integrity, as established by competent evidence.
43 (c) "Psychological harm" means the impairment of a person's mental health, as
44 established by competent evidence.
45 (2) An employee may be disciplined for engaging in abusive conduct.
46 (3) (a) On and after July 1, 2015, the department shall provide training:
47 (i) on what is abusive conduct and the ramifications of abusive conduct; and
48 (ii) that provides employees information about whether remedies are available for
49 employees upon whom abusive conduct is inflicted, what all the remedies are, how to access
50 the remedies, and the extent to which the remedies apply.
51 (b) An employee is required to participate in this training annually.
52 (4) (a) On and after July 1, 2015, the department shall provide professional
53 development training to promote:
54 (i) ethical conduct; and
55 (ii) organizational leadership practices based in principles of integrity.
56 (b) An employee is required to participate in this training annually.
57 (5) The department may use money appropriated to the department or access support
58 from outside resources to:
59 (a) develop policies against workplace abusive conduct; and
60 (b) enhance professional development training on topics such as:
61 (i) building trust;
62 (ii) effective motivation;
63 (iii) communication;
64 (iv) conflict resolution;
65 (v) accountability;
66 (vi) coaching;
67 (vii) leadership; or
68 (viii) ethics.
69 (6) The department shall publish on its public website information prepared by the
70 department to comply with this section.
71 (7) This section does not:
72 (a) exempt or relieve a person from a liability, duty, or penalty provided by another
73 federal or state law; or
74 (b) create a private right of action.
75 (8) The department shall report to the Economic Development and Workforce Services
76 Interim Committee by no later than the November 2015 interim meeting regarding the
77 implementation of this section.
Legislative Review Note
as of 1-30-15 10:57 AM
Office of Legislative Research and General Counsel