12-19 17:52 H.B. 50
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Occupational Safety and Health Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
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LONG TITLE
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Committee Note:
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The Political Subdivisions Interim Committee recommended this bill.
6 Legislative Vote:9 voting for 0 voting against7 absent
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General Description:
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This bill amends civil penalties related to occupational health and safety.
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Highlighted Provisions:
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This bill:
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▸ increases certain Utah Occupational Health and Safety civil penalties.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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34A-6-307, as last amended by Laws of Utah 2022, Chapter 333
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34A-6-307 is amended to read:
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34A-6-307 . Civil and criminal penalties.
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(1)(a) The commission may assess civil penalties against an employer who has received
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a citation under Section 34A-6-302 as follows:
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(i) except as provided in Subsections (1)(a)(ii) through (1)(a)(iv), the commission
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may assess up to [$13,653 ] $16,131 for each cited violation;
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(ii) the commission may not assess more than [$13,653 ] $16,131 for each cited
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serious violation;
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(iii) the commission may not assess less than [$9,753 ] $11,518 nor more than [
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$136,532 ] $161,323 for each cited willful violation;
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(iv) the commission may assess up to [$136,532 ] $161,323 for each cited violation if H.B. 50 12-19 17:52
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the employer has previously been found to have violated the same standards, code,
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rule, or order; and
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(v) after the expiration of the time permitted to an employer to correct a cited
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violation, the commission may assess up to [$13,653 ] $16,131 for each day the
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violation continues uncorrected.
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(b) For purposes of Subsection (1)(a)(ii), a violation is serious only if:
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(i) [it ] the violation arises from a condition, practice, method, operation, or process in
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the workplace of which the employer knows or should know through the exercise
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of reasonable diligence; and
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(ii) there is a substantial possibility that the condition, practice, method, operation, or
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process could result in death or serious physical harm.
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(2) The commission may assess a civil penalty of up to [$13,653 ] $16,131 for each
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violation of a posting requirement under this chapter.
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(3) In deciding the amount to assess for a civil penalty, the commission shall consider all
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relevant factors, including:
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(a) the size of the employer's business;
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(b) the nature of the violation;
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(c) the employer's good faith or lack of good faith; and
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(d) the employer's previous record of compliance or noncompliance with this chapter.
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(4) A civil penalty collected under this chapter shall be paid into the General Fund.
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(5)(a) Criminal penalties under this chapter are as follows:
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(i) an employer who willfully violates a standard, code, rule, or order issued under
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Section 34A-6-202, or a rule made under this chapter, is guilty of a class A
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misdemeanor if the violation caused the death of an employee;
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(ii) a person who gives advance notice of any inspection conducted under this chapter
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without authority from the administrator or the administrator's representatives is
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guilty of a class A misdemeanor; and
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(iii) a person who knowingly makes a false statement, representation, or certification
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in an application, a record, a report, a plan, or another document filed or required
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to be maintained under this chapter is guilty of a class A misdemeanor.
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(b) For purposes of Subsection (5)(a)(i), if the violation causes the death of more than
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one employee, each death is considered a separate offense.
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(6)(a) After a citation issued under this chapter and an opportunity for a hearing under
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Title 63G, Chapter 4, Administrative Procedures Act, the division may file an
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abstract for any uncollected citation penalty in the district court.
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(b) The filed abstract described in Subsection (6)(a) [shall have] has the effect of a
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judgment issued by that court.
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(c) The abstract described in Subsection (6)(a) shall state the amount of:
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(i) the uncollected citation penalty;
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(ii) reasonable attorney fees as set by commission rule; and
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(iii) court costs.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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