Utah Code 34A-1-407. Investigation of places of employment — Violations of rules or orders — Temporary injunction
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 34A-1-407
- Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Upon complaint by any person that any employment or place of employment, regardless of the number of persons employed, is not safe for any employee or is in violation of state law, the commission shall refer the complaint for investigation and administrative action under:
(1)(a)(i) Chapter 2, Workers’ Compensation Act;
(1)(a)(ii) Chapter 3, Utah Occupational Disease Act;
(1)(a)(iii) Chapter 5, Utah Antidiscrimination Act;
(1)(a)(iv) Chapter 6, Utah Occupational Safety and Health Act;
(1)(a)(v) Chapter 7, Safety; or
(1)(a)(vi) any combination of Subsections (1)(a)(i) through (v).
(1)(b) Notwithstanding Subsection (1)(a) and Title 40, Chapter 2, Coal Mine Safety Act, for any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of the commission is to notify the appropriate federal agency of the complaint.
(2) Notwithstanding any other penalty provided in this title, if any employer, after receiving notice, fails or refuses to obey the rules or order of the commission relative to the protection of the life, health, or safety of any employee, a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, is empowered, upon petition of the commission to issue, ex parte and without bond, a temporary injunction restraining the further operation of the employer’s business.