Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 50 (2025GS)

Sponsor

Rep. Dunnigan, James A.

Final action

Governor Signed 2/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• increases certain Utah Occupational Health and Safety civil penalties.

Every vote on this bill

Bill text

3
34A-6-307
Occupational Safety and Health Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Don L. Ipson
LONG TITLE
General Description:
This bill amends civil penalties related to occupational health and safety.
Highlighted Provisions:
This bill:
increases certain Utah Occupational Health and Safety civil penalties.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34A-6-307
, as last amended by Laws of Utah 2022, Chapter 333
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
34A-6-307
 is amended to read:
34A-6-307. Civil and criminal penalties.
(1)
(a)
The commission may assess civil penalties against an employer who has received 
a citation under Section 
34A-6-302
 as follows:
(i)
except as provided in Subsections 
(1)(a)(ii)
 through 
(1)(a)(iv)
, the commission 
may assess up to 
$13,653 
$16,131 
for each cited violation;
(ii)
the commission may not assess more than 
$13,653 
$16,131 
for each cited 
serious violation;
(iii)
the commission may not assess less than 
$9,753 
$11,518 
nor more than 
$136,532 
$161,323 
for each cited willful violation;
(iv)
the commission may assess up to 
$136,532 
$161,323 
for each cited violation if 
the employer has previously been found to have violated the same standards, code, 
rule, or order; and
(v)
after the expiration of the time permitted to an employer to correct a cited 
violation, the commission may assess up to 
$13,653 
$16,131 
for each day the 
violation continues uncorrected.
(b)
For purposes of Subsection 
(1)(a)(ii)
, a violation is serious only if:
(i)
it 
the violation 
arises from a condition, practice, method, operation, or process in 
the workplace of which the employer knows or should know through the exercise 
of reasonable diligence; and
(ii)
there is a substantial possibility that the condition, practice, method, operation, or 
process could result in death or serious physical harm.
(2)
The commission may assess a civil penalty of up to 
$13,653 
$16,131 
for each 
violation of a posting requirement under this chapter.
(3)
In deciding the amount to assess for a civil penalty, the commission shall consider all 
relevant factors, including:
(a)
the size of the employer's business;
(b)
the nature of the violation;
(c)
the employer's good faith or lack of good faith; and
(d)
the employer's previous record of compliance or noncompliance with this chapter.
(4)
A civil penalty collected under this chapter shall be paid into the General Fund.
(5)
(a)
Criminal penalties under this chapter are as follows:
(i)
an employer who willfully violates a standard, code, rule, or order issued under 
Section 
34A-6-202
, or a rule made under this chapter, is guilty of a class A 
misdemeanor if the violation caused the death of an employee;
(ii)
a person who gives advance notice of any inspection conducted under this chapter 
without authority from the administrator or the administrator's representatives is 
guilty of a class A misdemeanor; and
(iii)
a person who knowingly makes a false statement, representation, or certification 
in an application, a record, a report, a plan, or another document filed or required 
to be maintained under this chapter is guilty of a class A misdemeanor.
(b)
For purposes of Subsection 
(5)(a)(i)
, if the violation causes the death of more than 
one employee, each death is considered a separate offense.
(6)
(a)
After a citation issued under this chapter and an opportunity for a hearing under 
Title 63G, Chapter 4, Administrative Procedures Act
, the division may file an 
abstract for any uncollected citation penalty in the district court.
(b)
The filed abstract described in Subsection 
(6)(a)
shall have
has
 the effect of a 
judgment issued by that court.
(c)
The abstract described in Subsection 
(6)(a)
 shall state the amount of:
(i)
the uncollected citation penalty;
(ii)
reasonable attorney fees as set by commission rule; and
(iii)
court costs.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-11-25 12:53 PM