Utah Code 34A-6-303. Enforcement procedures — Notification to employer of proposed assessment — Notification to employer of failure to correct violation — Contest by employer of citation or proposed assessment — Procedure
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Terms Used In Utah Code 34A-6-303
- Certified mail: means a method of mailing by any carrier that is accompanied by proof of delivery. See Utah Code 34A-1-102
- Commission: means the Labor Commission. See Utah Code 34A-6-103
- Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
- Division: means the Division of Occupational Safety and Health. See Utah Code 34A-6-103
- Employee: includes any person suffered or permitted to work by an employer. See Utah Code 34A-6-103
- Employer: means :(1)(f)(i) the state;(1)(f)(ii) a county, city, town, and school district in the state; and(1)(f)(iii) a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire. See Utah Code 34A-6-103
- Hearing: means a proceeding conducted by the commission. See Utah Code 34A-6-103
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) If the division issues a citation under Subsection 34A-6-302(1), it shall within a reasonable time after inspection or investigation, notify the employer by certified mail or personal service of the assessment, if any, proposed to be assessed under Section 34A-6-307 and that the employer has 30 days to notify the Division of Adjudication that the employer intends to contest the citation, abatement, or proposed assessment.(1)(b) If, within 30 days from the receipt of the notice issued by the division, the employer fails to notify the Division of Adjudication that the employer intends to contest the citation, abatement, or proposed assessment, and no notice is filed by any employee or representative of employees under Subsection (3) within 30 days, the citation, abatement, and assessment, as proposed, is final and not subject to review by any court or agency.(2)(2)(a) If the division has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the time period permitted, the division shall notify the employer by certified mail or personal service:(2)(a)(i) of the failure;(2)(a)(ii) of the assessment proposed to be assessed under Section 34A-6-307; and(2)(a)(iii) that the employer has 30 days to notify the Division of Adjudication that the employer intends to contest the division’s notification or the proposed assessment.(2)(b) The period for corrective action does not begin to run until entry of a final order by the commission.(2)(c) If the employer fails to notify the Division of Adjudication, in writing, within 30 days from the receipt of notification issued by the division, that the employer intends to contest the notification or proposed assessment, the notification and assessment, as proposed, is final and not subject to review by any court or agency.(3)(3)(a) If an employer notifies the Division of Adjudication that the employer intends to contest a citation issued under Subsection 34A-6-302(1), or notification issued under Subsection (1) or (2), or if, within 30 days of the issuance of a citation under Subsection 34A-6-302(1), any employee or representative of employees files a notice with the division alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the division shall advise the commissioner of the notification, and the commissioner shall provide an opportunity for a hearing.(3)(b) Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond the employer’s reasonable control, the division, after an opportunity for discussion and consideration, shall issue an order affirming or modifying the abatement requirements in any citation.