1     
OCCUPATIONAL SAFETY AND HEALTH AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Utah Occupational Safety and Health Act regarding penalties.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends civil and criminal penalties for a violation of the Utah Occupational Safety
13     and Health Act; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          34A-6-307, as last amended by Laws of Utah 2017, Chapter 461
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 34A-6-307 is amended to read:
25          34A-6-307. Civil and criminal penalties.
26          (1) (a) The commission may assess civil penalties against [any] an employer who has
27     received a citation under Section 34A-6-302 as follows:
28          [(a)] (i) [Except ] except as provided in Subsections [(1)(b) through (d)] (1)(a)(ii)
29     through (1)(a)(iv), the commission may assess up to [$7,000] $13,653 for each cited
30     violation[.];
31          [(b)] (ii) [The] the commission may not assess [less than $250 nor] more than [$7,000]
32     $13,653 for each cited serious violation[. A violation is serious only if:];
33          [(i) it arises from a condition, practice, method, operation, or process in the workplace
34     of which the employer knows or should know through the exercise of reasonable diligence;
35     and]
36          [(ii) there is a substantial possibility that the condition, practice, method, operation, or
37     process could result in death or serious physical harm.]
38          [(c)] (iii) [The] the commission may not assess less than [$5,000] $9,753 nor more
39     than [$70,000] $136,532 for each cited willful violation[.];
40          [(d)] (iv) [The] the commission may assess up to [$70,000] $136,532 for each cited
41     violation if the employer has previously been found to have violated the same standards, code,
42     rule, or order[.]; and
43          [(e)] (v) [After] after the expiration of the time permitted to an employer to correct a
44     cited violation, the commission may assess up to [$7,000] $13,653 for each day the violation
45     continues uncorrected.
46          (b) For purposes of Subsection (1)(a)(ii), a violation is serious only if:
47          (i) it arises from a condition, practice, method, operation, or process in the workplace
48     of which the employer knows or should know through the exercise of reasonable diligence; and
49          (ii) there is a substantial possibility that the condition, practice, method, operation, or
50     process could result in death or serious physical harm.
51          (2) The commission may assess a civil penalty of up to [$7,000] $13,653 for each
52     violation of [any] a posting requirement under this chapter.
53          (3) In deciding the amount to assess for a civil penalty, the commission shall consider
54     all relevant factors, including:
55          (a) the size of the employer's business;
56          (b) the nature of the violation;
57          (c) the employer's good faith or lack of good faith; and
58          (d) the employer's previous record of compliance or noncompliance with this chapter.
59          (4) [Any] A civil penalty collected under this chapter shall be paid into the General
60     Fund.
61          (5) (a) Criminal penalties under this chapter are as follows:
62          [(a)] (i) [Any] an employer who willfully violates [any] a standard, code, rule, or order
63     issued under Section 34A-6-202, or [any] a rule made under this chapter, is guilty of a class A
64     misdemeanor if the violation caused the death of an employee[. If the violation causes the
65     death of more than one employee, each death is considered a separate offense.];
66          [(b)] (ii) [Any] a person who gives advance notice of any inspection conducted under
67     this chapter without authority from the administrator or the administrator's representatives is
68     guilty of a class A misdemeanor[.]; and
69          [(c)] (iii) [Any] a person who knowingly makes a false statement, representation, or
70     certification in [any] an application, a record, a report, a plan, or [other] another document filed
71     or required to be maintained under this chapter is guilty of a class A misdemeanor.
72          (b) For purposes of Subsection (5)(a)(i), if the violation causes the death of more than
73     one employee, each death is considered a separate offense.
74          (6) (a) After a citation issued under this chapter and an opportunity for a hearing under
75     Title 63G, Chapter 4, Administrative Procedures Act, the division may file an abstract for any
76     uncollected citation penalty in the district court.
77          (b) The filed abstract described in Subsection (6)(a) shall have the effect of a judgment
78     issued by that court.
79          (c) The abstract described in Subsection (6)(a) shall state the amount of:
80          (i) the uncollected citation penalty[,];
81          (ii) reasonable [attorneys'] attorney fees as set by commission rule[,]; and
82          (iii) court costs.