Utah Admin. Code R28 — Labor Commission

R600 Administration

R600-1 Declaratory Orders

Utah Admin. Code R600-1-1 Purpose

A. As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules and orders governing or issued by the agency.

B. In order of importance, procedures governing declaratory orders are:

(1) procedures specified in this rule pursuant to Chapter 46b of Title 63, U.C.A.;

(2) the applicable procedures of Chapter 46b of Title 63;

(3) applicable procedures of other governing state and federal law; and

(4) the Utah Rules of Civil Procedure.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-2 Definitions

Terms used in this rule are defined in Section 63G-4-103, except and in addition:

A. "Applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts.

B. "Declaratory Order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule or order.

C. "Director" means the agency head or governing body with jurisdiction over the Agency's adjudicative proceedings.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-3 Petition Form and Filing

A. The petition shall be addressed and delivered to the director, who shall mark the petition with the date of receipt.

B. The petition shall:

(1) be clearly designated as a request for an agency declaratory order;

(2) identify the statute, rule, or order to be reviewed;

(3) describe in detail the situation or circumstances in which applicability is to be reviewed;

(4) describe the reason or need for the applicability review, addressing in particular, why the review should not be considered frivolous;

(5) include an address and telephone number where the petitioner can be contacted during regular work days; and

(6) be signed by the petitioner.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-4 Reviewability

The agency shall not issue a declaratory order if the subject matter is:

A. not within the jurisdiction and competence of the agency;

B. frivolous, trivial, irrelevant, or immaterial;

C. likely to substantially prejudice the rights of a person who would be a necessary party, unless that person consents in writing to the determination of the matter by a declaratory proceeding;

D. one in which the person requesting the declaratory order has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; or

E. otherwise excluded by state or federal law.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-5 Intervention

A person may file a petition for intervention in a declaratory proceeding only if they deliver to the director a petition complying with all of the requirements of Section 63G-4-207 within 20 days of the director's receipt of the petition for a declaratory order filed under Section 63G-4-503(4).

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-6 Petition Review and Disposition

A. The agency will be governed by the provisions of Sections 63G-4-503(6) and (7).

B. Petitions seeking declaratory orders will be designated as informal adjudicative proceedings.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

Utah Admin. Code R600-1-7 Administrative Review

A. Petitioner may seek reconsideration of a declaratory order by petitioning the director under the procedures of Section 63G-4-302.

History

• KEY: labor commission, declaratory orders
• Date of Last Change: 1988
• Notice of Continuation: September 12, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 63G-4-504 et seq.

R600-2 Operations

Utah Admin. Code R600-2-1 Business Hours

A. The offices of the Commission shall be open for receipt of official documents between the hours of 8 a.m. to 5 p.m. Monday through Friday. Commission offices shall not be open for business Saturday or Sunday and on state-recognized holidays.

B. Notwithstanding the 5 p.m. filing deadline provided in R600-2-1(A), official documents filed with the Labor Commission will be deemed timely if filed electronically, either by email or facsimile, before midnight on the day the document is due.

History

• KEY: Labor Commission, hours of business
• Date of Last Change: January 24, 2022
• Notice of Continuation: May 27, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-104

R600-3 Definitions Applicable to Construction Licensees

Utah Admin. Code R600-3-1 Authority and Scope

A. The Commission enacts this rule pursuant to authority granted by 34-28-2(2), 34A-2-103(8)(c), 34A-5-102(2) and 34A- 6-103(2).

B. This rule defines terms and establishes procedures by which an unincorporated entity that is a construction licensee may rebut its status as an employer for purposes of Title 34, Chapter 28, Payment of Wages; Title 34A, Chapter 2, Workers' Compensation Act; Title 34A, Chapter 5, Utah Antidiscrimination Act; and Title 34A, Chapter 6, Utah Occupational Safety and Health Act.

History

• KEY: labor commission, unincorporated entity, construction licensees
• Date of Last Change: December 8, 2011
• Notice of Continuation: June 27, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-104

Utah Admin. Code R600-3-2 Definitions

A. An "active manager" is one who directs or causes the direction of the management and policies of the unincorporated entity, whether through the ownership of voting shares, by contract, or otherwise. Status as an active manager requires a documented history of voting on, approving, or otherwise deciding a substantial matter involving the business of the unincorporated entity, including without limitation:

1. Authorizing a member or any other person to do any act on behalf of the company that is not in the ordinary course of the company's business or business of the kind carried on by the company;

2. Making a distribution to members;

3. Resolving a dispute connected with the company's business;

4. Making a substantial change in the business purpose of the unincorporated entity;

5. Authorizing the unincorporated entity to acquire or merge with another entity; or

6. Authorizing a sale, lease, exchange or other disposition of a substantial asset of the unincorporated entity, other than in the usual and regular course of the business.

B. "Directly holds at least an 8% ownership interest" means that the individual owns in his or her individual capacity at least 8% of the stock, capital, or equity of the unincorporated entity, or is entitled to at least 8% of the unincorporated entity's profits. C. "Indirectly holds at least an 8% ownership interest" means that the individual's total aggregate ownership interest from all sources, including a corporation, partnership, estate, trust or some other form of beneficial interest, totals at least 8% of the unincorporated entity's stock, capital, equity, or profits.

1. For example, if an individual owns 50% of company A which in turns owns 20% of the subject unincorporated entity, then the individual holds a 10% indirect ownership interest in the unincorporated entity.

D. "Subject to supervision or control in the performance of work" means that:

1. The unincorporated entity has the right to control what the worker does and how he or she does it, regardless of whether the unincorporated entity actually exercises that authority; or

2. The unincorporated entity has the right to control the business aspects of the work, such as:

a. How the worker is paid;

b. Whether expenses are reimbursed;

c. Who is responsible to provide tools and supplies;

d. Who arranges for administrative support, advertising, and similar functions.

History

• KEY: labor commission, unincorporated entity, construction licensees
• Date of Last Change: December 8, 2011
• Notice of Continuation: June 27, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-104

Utah Admin. Code R600-3-3 Procedures to Challenge Presumption that Unincorporated Entity is the Employer

A. Declaratory Actions. An interested party may request a determination regarding an unincorporated entity's status as an employer by filing a petition for declaratory order in accordance with Rule R600-1.

B. In Connection with Other Adjudicative Proceedings.

1. In proceedings to adjudicate a claim of unpaid wages, employment discrimination, or violation of occupational safety and health standards, an unincorporated entity may submit evidence that rebuts the presumption that the unincorporated entity is an employer,

2. Notwithstanding the burden of proof required to prove the underlying claim, the unincorporated entity may only rebut the presumption that it is the employer by clear and convincing evidence.

History

• KEY: labor commission, unincorporated entity, construction licensees
• Date of Last Change: December 8, 2011
• Notice of Continuation: June 27, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-104

R602 Adjudication

R602-1 General Provisions

Utah Admin. Code R602-1-1 Time

A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

B. In computing any period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing will be allowed.

History

• KEY: witness fees, time, administrative procedures, filing deadlines
• Date of Last Change: September 8, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.

Utah Admin. Code R602-1-2 Witness Fees

Each witness who shall appear before the Commission by its order shall receive from the Commission for his/her attendance fees and mileage as provided for witnesses by the Utah Rules of Civil Procedure. Otherwise, each party is required to subpoena witnesses at their own expense.

History

• KEY: witness fees, time, administrative procedures, filing deadlines
• Date of Last Change: September 8, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.

Utah Admin. Code R602-1-3 Representatives at Adjudicative Proceedings

1. Representatives who are not duly admitted and licensed to practice law in Utah shall not be allowed to appear on behalf of a party before the Adjudication Division.

2. Individuals who are parties to an adjudicative proceeding before the Adjudication Division may appear pro se.

3. Corporations who are parties to an adjudicative proceeding before the Adjudication Division shall be represented by legal counsel who is duly admitted to practice law in Utah.

4. All legal counsel who appear on behalf of a party before the Adjudication Division are required to file with the Division the electronic address to receive delivery of documents in adjudicative proceedings before the Division.

5. All legal counsel who deliver documents to the Adjudication Division on behalf of a party shall include the e-mail address of the party represented to receive delivery of documents in adjudicative proceedings before the Division. Failure to provide a party's electronic address gives the Adjudication Division consent to deliver that party's document(s) to their attorney of record.

History

• KEY: witness fees, time, administrative procedures, filing deadlines
• Date of Last Change: September 8, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.

Utah Admin. Code R602-1-4 Filing of Documents

1. Pursuant to Section 34A-1-304 and subject to the limitations and requirements of this rule, a document required or permitted by statute or rule may be delivered by electronic means. All documents filed with the administrative law judge shall be filed with all other parties to the adjudicative proceeding and shall provide verification of mailing, electronic transmittal, or service on all parties to whom copies of the documents are mailed or personally delivered.

2. Parties shall not file courtesy copies with the Division.

3. Delivery by electronic transmittal is limited to documents in PDF format delivered to sites specified by the Adjudication Division or the Commission. Documents delivered by electronic transmittal must include signatures. Electronic documents filed in non-PDF format are not considered delivered to the Division of Adjudication.

4. Each electronically transmitted document shall include a delivery certificate that lists the time and date on which the document was transmitted, the name of the person who transmitted the document, and the name and email address of each person or entity to which the document was transmitted. If a party utilizes delivery by electronic transmittal, the document filed must include an electronic address where the party may receive documents. The Adjudication Division and all opposing parties may use electronic transmittal as the sole method of delivery to that party.

5. The Adjudication Division and parties may sign an order, letter, pleading or other document using any form of signature recognized by law as binding including an electronic signature.

A. An "electronic signature" means an electronic process, symbol or other data in digital form attached to an electronically transmitted document and executed or adopted by a person with the intent to sign the record.

B. If a rule requires an affidavit or a notarized, verified or acknowledged signature, the person may submit a declaration pursuant to Utah Code Section 78B-5-705. If a statute requires an affidavit or a notarized, verified or acknowledged signature and the party electronically files the paper, the signature shall be notarized pursuant to Utah Code Section 46-1-16.

6. The first document delivered to the Adjudication Division becomes the original document filed. Any copies of the document filed with the Adjudication Division will not be retained.

History

• KEY: witness fees, time, administrative procedures, filing deadlines
• Date of Last Change: September 8, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.

Utah Admin. Code R602-1-5 Official Record

As contemplated by Section 34A-1-302(3), the only official record of any formal or informal hearing conducted by the Division is the recording kept by the administrative law judge during the hearing. Any recording or record kept of a formal or informal hearing other than that kept by the administrative law judge shall not be used for any purpose requiring an official record of the proceedings in accordance with by Subsection 34A-1-302(3).

History

• KEY: witness fees, time, administrative procedures, filing deadlines
• Date of Last Change: September 8, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-302; 34A-1-304; 63G-4-102 et seq.

R602-2 Adjudication of Workers' Compensation and Occupational Disease Claims

Utah Admin. Code R602-2-1 Adjudicative Process

A. Definitions.

1. "Commission" means the Labor Commission.

2. "Division" means the Division of Adjudication within the Labor Commission.

3. "Application for Hearing" means Adjudication Form 001 Application for Hearing Industrial Accident Claim, Adjudication Form 026 Application for Hearing Occupational Disease Claim, Adjudication Form 025 Application for Dependent's Benefits and Burial Benefits Industrial Accident, Adjudication Form 027 Application for Dependent's Benefits Occupational Disease, of other request for agency action complying with Section 63G-4-102 et seq. filed by an employer or insurance carrier regarding a workers compensation claim.

4. "Supporting medical documentation" means Adjudication Form 113 Summary of Medical Record or other medical report or treatment note completed by a physician that indicates the presence or absence of a medical causal connection between benefits sought and the alleged industrial injury or occupational disease.

5. "Authorization to Release Medical Records" is Adjudication Form 308 Authorization to Disclose, Release and Use Protected Health Information authorizing the injured workers' medical providers to provide medical records and other medical information to the commission or a party.

6. "Supporting documents" means supporting medical documentation, Adjudication Form 307 Medical Treatment Provider List, Adjudication Form 308 Authorization to Disclose, Release and Use Protected Health Information and, when applicable, Adjudication Form 152 Appointment of Counsel.

7. "Petitioner" means the person or entity who has filed an Application for Hearing.

8. "Respondent" means the person or entity against whom the Application for Hearing was filed.

9. "Discovery motion" includes a motion to compel or a motion for protective order.

10. "Designated agent" is the agent authorized to receive all notices and orders in workers' compensation adjudications pursuant to Section 34A-2-113. Designated agents shall provide the Adjudication Division an electronic address to receive delivery of documents from the Adjudication Division.

B. Application for Hearing.

1. Whenever a claim for compensation benefits is denied by an employer or insurance carrier, the burden rests with the injured worker, authorized representative of a deceased worker's estate, dependent of a deceased worker or medical provider, to initiate agency action by filing an appropriate Application for Hearing with the Division. Applications for hearing shall include an original, Adjudication Form 308 Authorization to Disclose, Release and Use Protected Health Information.

2. An employer, insurance carrier, or any other party with standing under the Workers Compensation Act may obtain a hearing before the Adjudication Division by filing a request for agency action with the Division complying with the Section 63G- 4-102 et seq.

3. An Application for Hearing shall include supporting medical documentation of the claim where there is a dispute over medical issues. Applications for Hearing without supporting documentation and a properly completed Adjudication Form 308 Authorization to Disclose, Release and Use Protected Health Information may not be mailed to the employer or insurance carrier for answer until the appropriate documents have been provided. In addition to respondent's answer, a respondent may file a motion to dismiss the Application for Hearing where there is no supporting medical documentation filed to demonstrate medical causation when such is at issue between the parties.

4. When an Application for Hearing with appropriate supporting documentation is filed with the Division, the Division shall mail to the respondents a copy of the Application for Hearing, supporting documents and Notice of Formal Adjudication and Order for Answer.

5. In cases where the injured worker is represented by an attorney, a completed and signed Adjudication Form 152 Appointment of Counsel form shall be filed with the Application for Hearing or upon retention of the attorney.

C. Answer.

1. The respondent shall have 30 days from the date of mailing the Order for Answer to file a written answer to the Application for Hearing.

2. The answer shall admit or deny liability for the claim and shall state the reasons liability is denied. The answer shall state all affirmative defenses with sufficient accuracy and detail that the petitioner and the Division may be fully informed of the nature and substance of the defenses asserted.

3. An answer shall include a summary of benefits which have been paid to date on the claim, designating such payments by category, such as medical expenses, temporary total disability, permanent partial disability.

4. When liability is denied based upon medical issues, copies of reasonably available, admissible medical reports sufficient to support the denial of liability shall be filed with the answer.

5. If the answer filed by the respondents fails to sufficiently explain the basis of the denial, fails to include medical reports or records to support the denial, or contains affirmative defenses without sufficient factual detail to support the affirmative defense, the Division may strike the answer filed and order the respondent to file within 20 days a new answer which conforms with the requirements of this rule.

6. An answer must state whether the respondent is willing to mediate the claim.

7. Petitioners are allowed to timely amend the Application for Hearing, and respondents are allowed to timely amend the answer, as newly discovered information becomes available that would warrant the amendment. The parties shall not amend their pleadings later than 45 days prior to the scheduled hearing without leave of the Administrative Law Judge.

8. Responses and answers to amended pleadings shall be filed within ten days of service of the amended pleading without further order of the Labor Commission.

D. Default.

1. If a respondent fails to file an answer as provided in Subsection (c), the Division may enter a default against the respondent.

2. If default is entered against a respondent, the Division may conduct any further proceedings necessary to take evidence and determine the issues raised by the Application for Hearing without the participation of the party in default pursuant to Subsection 63G-4-209(4).

3. A default of a respondent shall not be construed to deprive the Employer's Reinsurance Fund or Uninsured Employers' Fund of any appropriate defenses.

4. The defaulted party may file a motion to set aside the default under the procedures in Subsection 63G-4-209(3). The Adjudication Division shall set aside defaults upon written and signed stipulation of parties to the action.

E. Hearing.

1. Hearings shall take place through an electronic platform as noticed by the Division. An administrative law judge may grant permission for an in-person hearing when good cause is shown.

2. Waiver of Hearing

a. The parties may, with the approval of the administrative law judge, waive their right to a hearing and enter into a stipulated set of facts, which may be submitted to the administrative law judge. The administrative law judge may use the stipulated facts, medical records and evidence in the record to make a final determination of liability or refer the matter to a Medical Panel for consideration of the medical issues pursuant to Section R602-2-2.

b. Stipulated facts shall include sufficient facts to address the issues raised in the Application for Hearing and answer.

c. In cases where Medical Panel review is required, the administrative law judge may forward the evidence in the record, including medical records, fact stipulations, radiographs and deposition transcripts, to a medical panel for assistance in resolving the medical issues.

F. Discovery.

1. Upon filing the answer, the respondent and the petitioner may commence discovery. Discovery documents may be delivered by electronic transmittal. Discovery allowed under this rule may include interrogatories, requests for production of documents, depositions, and medical examinations. Discovery shall not include requests for admissions. Appropriate discovery under this rule shall focus on matters relevant to the claims and defenses at issue in the case. Discovery requests are deemed continuing and shall be promptly supplemented by the responding party as information becomes available.

2. Without leave of the administrative law judge, or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 25 in number, including discrete subparts, to be answered by the party served. The frequency or extent of use of interrogatories, requests for production of documents, medical examinations or depositions shall be limited by the administrative law judge if it is determined that:

a. the discovery sought is unreasonably cumulative or duplicative, or is obtainable from another source that is more convenient, less burdensome, or less expensive;

b. the party seeking discovery has had ample opportunity by discovery in the action to obtain the discovery sought; or

c. the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the adjudication.

3. Upon reasonable notice, the respondent may require the petitioner to submit to a medical examination by a physician of the respondent's choice.

a. Petitioner may seek relief from the medical examination detailed in Subsection (3), and the administrative law judge may provide such relief, upon the showing by a petitioner of an unreasonable demand by respondent related to such medical examination.

b. Respondent shall send any questionnaire, consent or release forms requested by the examining physician or insurance carrier to the petitioner at least 14 days prior to the scheduled medical examination.

c. After a reasonable attempt between the parties to resolve any issues which may arise due to the forms in Subsection (b), a petitioner shall file objections to any questionnaire, consent or release forms requested by the examining physician or insurance carrier with the administrative law judge at least seven days prior to the scheduled medical examination.

4. Parties may conduct depositions pursuant to the Utah Rules of Civil Procedure and Section 34A-1-308.

5. Requests for production of documents are allowed, but limited to matters relevant to the claims and defenses at issue in the case, and shall not include requests for documents provided with the petitioner's Application for Hearing, nor the respondents' answer.

6. Parties shall diligently pursue discovery so as not to delay the adjudication of the claim. If a hearing has been scheduled, discovery motions shall be filed no later than 45 days prior to the hearing unless leave of the administrative law judge is obtained.

7. Discovery motions shall contain copies of relevant documents pertaining to the discovery at issue, such as mailing certificates and follow up requests for discovery. The responding party shall have ten days from the date the discovery motion is mailed to file a response to the discovery motion.

8. Parties conducting discovery under this rule shall maintain mailing certificates and follow up letters regarding discovery to submit in the event Division intervention is necessary to complete discovery. Discovery documents shall not be filed with the Division at the time they are forwarded to opposing parties.

9. Any party who fails to obey an administrative law judge's discovery order shall be subject to the sanctions available under the Utah Rules of Civil Procedure, Rule 37.

10. Notwithstanding the disclosures required under Section R602-2-1, parties shall remain obligated to respond timely and appropriately to discovery requests.

G. Subpoenas.

1. Commission subpoena forms shall be used in discovery proceedings to compel the attendance of witnesses. Subpoenas shall be signed by the administrative law judge assigned to the case, or the duty judge where the assigned judge is not available. Subpoenas to compel the attendance of witnesses shall be served at least 14 days prior to the hearing consistent with the Utah Rules of Civil Procedure, Rule 45. Witness fees and mileage shall be paid by the party which subpoenas the witness.

2. A subpoena to produce records shall be served on the holder of the record at least 14 days prior to the date specified in the subpoena as provided in the Utah Rule of Civil Procedure, Rule 45. Fees associated with the production of documents shall be paid by the party which subpoenas the record.

H. Medical Records Exhibit.

1. The parties are expected to exchange medical records during the discovery period.

2. Petitioner shall submit all relevant medical records contained in his possession to the respondent for the preparation of a joint medical records exhibit at least twenty working days prior to the scheduled hearing.

3. The respondent shall prepare a joint medical record exhibit containing all relevant medical records. The medical record exhibit shall include all relevant treatment records that tend to prove or disprove a fact in issue. Hospital nurses' notes, duplicate materials, and other non-relevant materials need not be included in the medical record exhibit.

4. The medical records shall be indexed, paginated, arranged by medical care provider in chronological order and bound. The medical records shall be filed via electronic transmittal.

5. The medical record exhibit prepared by the respondent shall be delivered to the Division and the petitioner or petitioner's counsel at least ten working days prior to the hearing. Late-filed medical records may or may not be admitted at the discretion of the administrative law judge by stipulation or for good cause shown.

6. The administrative law judge may require the respondent to submit an additional copy of the joint medical record exhibit in cases referred to a medical panel.

7. The petitioner is responsible to obtain radiographs and diagnostic films for review by the medical panel. The administrative law judge shall issue subpoenas where necessary to obtain radiology films.

I. Hearing.

1. Notices of hearing shall be mailed to the addresses of record of the parties. The parties shall provide current addresses to the Division for receipt of notices or risk the entry of default and loss of the opportunity to participate at the hearing.

2. Judgment may be entered without a hearing after default is entered or upon stipulation and waiver of a hearing by the parties.

3. No later than 45 days prior to the scheduled hearing, parties shall file a signed pretrial disclosure form that identifies: (a) fact witnesses the parties actually intend to call at the hearing; (b) expert witnesses the parties actually intend to call at the hearing; (c) language translator the parties intend to use at the hearing; (d) exhibits, including reports, the parties intend to offer in evidence at the hearing; (e) the specific benefits or relief claimed by the petitioner; (f) the specific defenses that the respondent actually intends to litigate; (g) whether, or not, a party anticipates that the case will take more than two hours of hearing time; (h) the job categories or titles the respondents claim the petitioner is capable of performing if the claim is for permanent total disability, and; (i) any other issues that the parties intend to ask the administrative law judge to adjudicate. The administrative law judge may exclude witnesses, exhibits, evidence, claims, or defenses as appropriate of any party who fails to timely file a signed pre-trial disclosure form as set forth above. The parties shall supplement the pre-trial disclosure form with information that newly becomes available after filing the original form. The pre-trial disclosure form does not replace other discovery allowed under these rules.

4. If the petitioner requires the services of language translation during the hearing, the petitioner has the obligation of providing a person who can translate between the petitioner's native language and English during the hearing. If the respondents are dissatisfied with the proposed translator identified by the petitioner, the respondents may provide a qualified translator for the hearing at the respondent's expense.

5. The petitioner shall appear at the hearing prepared to outline the benefits sought, such as the periods for which compensation and medical benefits are sought, the amounts of unpaid medical bills, and a permanent partial disability rating, if applicable. If mileage reimbursement for travel to receive medical care is sought, the petitioner shall bring documentation of mileage, including the dates, the medical provider seen and the total mileage.

6. The respondent shall appear at the hearing prepared to address the merits of the petitioner's claim and provide evidence to support any defenses timely raised.

7. Parties are expected to be prepared to present their evidence on the date the hearing is scheduled. Requests for continuances may be granted or denied at the discretion of the administrative law judge for good cause shown. Lack of diligence in preparing for the hearing shall not constitute good cause for a continuance.

8. Subject to the continuing jurisdiction of the Labor Commission, the evidentiary record shall be deemed closed at the conclusion of the hearing, and no additional evidence will be accepted without leave of the administrative law judge.

J. Motions-Time to Respond.

Responses to all motions shall be filed within ten days from the date the motion was filed with the Division. Reply memoranda shall be filed within five days from the date a response was filed with the Division.

K. Motions - Length and Type

1. Without prior leave of the Administrative Law Judge, supporting memorandum shall not exceed a total of 10 pages, opposing memorandum shall not exceed seven pages and reply memorandum shall not exceed three pages. Pleadings shall be double spaced.

a. The page limitations are inclusive of headings, table of contents, introduction, background, conclusion, statement of issues and facts, and arguments.

b. The text of motions and memoranda shall be typeset in 12-point.

c. The Administrative Law Judge shall not consider anything contained on pages which exceed the page limits.

d. If a memorandum is to exceed the page limitations set forth in this rule, leave of the Administrative Law Judge must first be obtained. A motion for leave to file a lengthy memorandum must include a statement of the reasons why additional pages are needed and specify the number required. The Administrative Law Judge will approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such a showing by the requesting party, such requests will not be approved. A lengthy memorandum must not be filed with the Division prior to an entry of an order authorizing its filing.

2. Other than one supporting and one opposing and one reply memoranda, no other memoranda shall be considered by the Administrative Law Judge.

L. Orders on Continuances.

The Administrative Law Judge may rule, ex parte, on requests for continuances.

M. Notices.

1. Orders and notices mailed by the Division to the last address of record provided by a party are deemed served on that party.

2. Where an attorney appears on behalf of a party, notice of an action by the Division served on the attorney is considered notice to the party represented by the attorney.

N. Form of Decisions.

Decisions of the presiding officer in any adjudicative proceeding shall be issued in accordance with the provisions of Section 63G-4-203 or 63G-4-208.

O. Motions for Review.

1. Any party to an adjudicative proceeding may obtain review of an Order issued by an Administrative Law Judge by filing a written request for review with the Adjudication Division in accordance with the provisions of Section 63G-4-301 and Section 34A-1-303. Unless a request for review is properly filed, the Administrative Law Judge's Order is the final order of the Commission. If a request for review is filed, other parties to the adjudicative proceeding may file a response within 15 calendar days of the date the request for review was filed. If such a response is filed, the party filing the original request for review may reply within five calendar days of the date the response was filed. Thereafter the Administrative Law Judge shall:

a. reopen the case and enter a Supplemental Order after holding such further hearing and receiving such further evidence as may be deemed necessary;

b. amend or modify the prior Order by a Supplemental Order; or

c. refer the entire case for review under Section 34A-2-801.

2. Motions for Review shall not exceed a total of 15 pages. Response briefs shall not exceed a total of 12 pages. Reply briefs shall not exceed a total of five pages. All motions and briefs shall be double spaced.

a. The page limitations herein are inclusive of headings, table of contents, introduction, background, conclusion, statement of issues and facts, and arguments.

b. The text of motions and memoranda shall be typeset in 12-point font.

c. The Commission and the Appeals Board may disregard argument or other writing contained on pages which exceed the page limits.

3. If the Administrative Law Judge enters a Supplemental Order under Subsection (1)(a) or (b), it shall be final unless a request for review of the same is filed.

P. Procedural Rules.

In formal adjudicative proceedings, the Division shall generally follow the Utah Rules of Civil Procedure regarding discovery and the issuance of subpoenas, except as the Utah Rules of Civil Procedure are modified by the express provisions of Section 34A-2-802 or as may be otherwise modified by these rules.

Q. Requests for Reconsideration and Petitions for Judicial Review.

A request for reconsideration of an Order on Motion for Review may be allowed and shall be governed by the provisions of Section 63G-4-302. Any petition for judicial review of final agency action shall be governed by the provisions of Section 63G- 4-401.

R. Request for Abstract.

1. Timing of Request.

a. A petitioner who seeks an abstract relative to an award of benefits other than permanent total disability benefits shall file the request after the order of the commission becomes final.

b. A petitioner who seeks an abstract relative to an award of permanent total disability benefits may file the request:

i. after the order of the commission becomes final; or ii. where the award has been subject to agency review, after a preliminary determination is issued by the commissioner or the appeals board affirming that the petitioner is permanently and totally disabled, unless that preliminary decision is stayed under Subsection 34A-2-212(3), Section 63G-4-405 or set aside by the Utah Court of Appeals.

c. A motion to stay a preliminary permanent total disability determination shall be filed with the body that conducted agency review pursuant to Subsections R612-200-5(C)(1)(d) and R612-200-5(e).

2. Content of Filing. A request for abstract shall:

a. set forth verbatim the language of the final order or preliminary decision that awards the benefits at issue;

b. set forth the specific monetary sums claimed for each benefit that has been awarded and that is at issue;

c. include evidence available to the petitioner that corroborates the specific monetary sums claimed, such as:

i. billing statements;

ii. RBRVS calculations;

iii. interest calculations; and

iv. evidence of amounts paid; and

d. include an exact copy, in its entirety, of each order that awards benefits for which the abstract is sought.

3. Adjudication of Contest.

a. A request for abstract may be adjudicated by the administrative law judge who issued the order awarding the benefits at issue, unless reassigned to another judge.

b. Any objection to the request for abstract shall be filed within ten days of the filing date of the request.

c. If an objection is filed, any reply shall be filed within five days of the filing date of the objection.

d. If a proffer of conflicting evidence demonstrates a need to clarify or modify the abstract, the administrative law judge may schedule a hearing. Any such hearing may be held using electronic means.

e. The administrative law judge shall issue an order adjudicating the request for abstract within 20 days of:

i. the respondent's objection deadline, if the respondent does not object to the abstract;

ii. the petitioner's reply deadline, if the briefing does not demonstrate a need to clarify or modify the abstract; or

iii. the date on which the administrative law judge conducts a hearing on the abstract.

f. The administrative law judge's decision regarding the request for abstract shall be subject to agency review only if agency review is requested before the abstract is filed with the district court.

History

• KEY: workers' compensation, administrative procedures, hearings, abstract of judgment
• Date of Last Change: September 22, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-301 et seq.; 63G-4-102 et seq.; 34A-1-304(2); 34A-2-212

Utah Admin. Code R602-2-2 Guidelines for Utilization of Medical Panel

Pursuant to Section 34A-2-601, the Commission adopts the following guidelines in determining the necessity of submitting a case to a medical panel:

A. A panel will be utilized by the Administrative Law Judge where one or more significant medical issues may be involved. Generally a significant medical issue must be shown by conflicting medical reports. Significant medical issues are involved when there are:

1. Conflicting medical opinions related to causation of the injury or disease;

2. Conflicting medical opinion of permanent physical impairment which vary more than 5% of the whole person,

3. Conflicting medical opinions as to the temporary total cutoff date which vary more than 90 days;

4. Conflicting medical opinions related to a claim of permanent total disability, and/or

5. Medical expenses in controversy amounting to more than $10,000.

B. Objections and Responses.

1. Time. A written Objection to a medical panel report shall be due within 20 days of the date the medical panel report is served on the parties. A Response to an Objection shall be filed within 10 days from the date the Objection was filed with the Division. A Reply to an Objection shall be filed within 5 days from the date the Response is filed with the Division.

2. Length. Without prior leave of the Administrative Law Judge, Objections shall not exceed 10 pages. Responses shall not exceed 7 pages, and Replies shall not exceed 3 pages. All pleadings shall be double spaced.

a. The page limitations herein are inclusive of headings, table of contents, introduction and/or background, conclusion, statement of issues and facts, arguments, etc.

b. The text of motions and memoranda shall be typeset in 12-point font.

c. The Administrative Law Judge shall not consider anything contained on pages which exceed the page limits.

d. If a memorandum is to exceed the page limitations set forth in this rule, leave of the Administrative Law Judge must first be obtained. A motion for leave to file a lengthy memorandum must include a statement of the reasons why additional pages are needed and specify the number required. The Administrative Law Judge will approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such a showing by the requesting party, such requests will not be approved. A lengthy memorandum must not be filed with the Division prior to an entry of an order authorizing its filing.

3. Other than one Objection and one Response and one Reply, no other memoranda shall be considered without prior leave of the Administrative Law Judge.

4. A hearing on objections to the panel report may be scheduled if there is a proffer of conflicting medical testimony showing a need to clarify the medical panel report. Where there is a proffer of new written conflicting medical evidence, the Administrative Law Judge may, in lieu of a hearing, re-submit the new evidence to the panel for consideration and clarification.

C. Any expenses of the study and report of a medical panel or medical consultant and of their appearance at a hearing, as well as any expenses for further medical examination or evaluation, as directed by the Administrative Law Judge, shall be paid from the Uninsured Employers' Fund, as directed by Section 34A-2-601.

History

• KEY: workers' compensation, administrative procedures, hearings, abstract of judgment
• Date of Last Change: September 22, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-301 et seq.; 63G-4-102 et seq.; 34A-1-304(2); 34A-2-212

Utah Admin. Code R602-2-3 Compensation for Medical Panel Services

Compensation for medical panel services, including records review, examination, report preparation and testimony, shall be $155 per half hour for medical panel members and $167.50 per half hour for the medical panel chair.

History

• KEY: workers' compensation, administrative procedures, hearings, abstract of judgment
• Date of Last Change: September 22, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-301 et seq.; 63G-4-102 et seq.; 34A-1-304(2); 34A-2-212

Utah Admin. Code R602-2-5 Timeliness of Decisions

A. Pursuant to Section 34A-2-801, the Commission adopts the following rule to ensure decisions on contested workers' compensation cases are issued in a timely and efficient manner.

1. This rule applies to all workers' compensation adjudication cases and motions for review filed on or after July 1, 2013.

B. Timeliness standards.

1. The Adjudication Division will issue all interim decisions and all final decisions within 60 days of the date on which the matter is ready for decision unless the parties agree to a longer period of time or issuing a decision within 60 days is impracticable. The Division will maintain a record of those cases in which a decision is not issued within 60 days.

2. The Commissioner or Appeals Board will issue all decisions on motions for review within 90 days of the date on which the motion for review is filed unless the parties agree to a longer period of time or issuing a decision within 90 days is impracticable. The Commission will maintain a record of those cases in which a decision is not issued within 90 days.

C. Yearly Report

1. The Commission shall annually provide to the Business and Labor Interim Committee a report that includes the following information:

a. The number of cases for which an application for hearing was filed during the previous calendar year;

b. The number of cases for which a Division decision was not issued within 60 days of the hearing;

c. The number of cases for which a decision on a motion for review was not issued within 90 days of the date on which the motion for review was filed;

d. The number of cases for which an application for hearing was filed during the previous year that resulted in a final Commission decision issued within 18 months of the filing date; and

e. The number of cases for which an application for hearing was filed during the previous year that did not result in a final Commission issued within 18 months of the filing date and the reason such a decision was not iss ued.

D. Commission decisions might not be issued within these timeframes if doing so is i mpracticable.

1. For purposes of this rule, "impracticable" may include but is not limited to:

a. Cases that are sent to a medical panel;

b. Cases in which the hearing record is left open at the request of one or more of the parties or by order of the ALJ;

c. Cases in which one or more parties file post-hearing motions or objections;

d. Cases in which the parties request mediation or an extension of time to pursue settlement negotiations;

e. Cases in which due process requires subsequent or additional adjudication;

f. Cases in which a claimant is required to amend the application for hearing or in which a respondent is required to amend a response or answer; or

e. Cases in which an appellate decision related to the pending case or a similar case may have bearing on the pending case.

E. The Commission will receive the motion for review immediately after the motion is filed with the Adjudication Division.

1. Preliminary evaluation: motions for review.

a. Immediately upon transfer of a motion for review from the Adjudication Division to the Commission, staff will review the ALJ's decision and the motion for review. Responses will be reviewed as they are submitted. Based on that review, staff will prioritize cases for decision in the following order:

i. Cases with statutory mandates to issue quick decisions, such as requests to eliminate or reduce temporary disability compensation.

ii. Cases that require an immediate decision in order to allow the underlying adjudicative proceeding to proceed.

iii. Cases that can be resolved without research or extensive decision-writing.

iv. Cases that need to be decided in a timely manner by the Appeals Board in order to be completed within 90 days.

b. If none of these factors are present, cases will be completed in the order they are received, with the oldest cases receiving priority.

History

• KEY: workers' compensation, administrative procedures, hearings, abstract of judgment
• Date of Last Change: September 22, 2021
• Notice of Continuation: June 5, 2026
• Authorizing, and Implemented or Interpreted Law: 34A-1-301 et seq.; 63G-4-102 et seq.; 34A-1-304(2); 34A-2-212

R602-3 Procedure and Standards for Approval of Assignment of Benefits

Utah Admin. Code R602-3-1 Policy, Scope and Authority

A. Policy. Utah's workers' compensation system provides disability compensation to injured workers as a partial replacement for lost wages. These periodic payments allow injured workers to provide for the ongoing necessities of life--food, shelter and clothing--not only for themselves, but for their dependents. These periodic payments also prevent injured workers from becoming charges on public welfare or private charity.

The 2007 Utah Legislature reaffirmed and strengthened the foregoing policy of the workers' compensation system by enacting Senate Bill 109, "Transfers of Structured Settlements." Senate Bill 109 amended Section 34A-2-422 of the Utah Workers Compensation Act to specifically prohibit any transfer of workers' compensation payment rights unless the proposed transfer is first submitted to the Utah Labor Commission and approved by the Commission.

B. Scope. This rule establishes the procedural and substantive requirements for Commission approval of any request for transfer of workers' compensation payment rights. The Commission will not approve any transfer of workers' compensation payment rights in the absence of strict compliance with all procedural and substantive requirements of the Utah Workers' Compensation Act and this rule.

C. Statutory authority. The Commission enacts this rule pursuant to Subsection 34A-1-104(1) and Section 34A-1- 304 of the Utah Labor Commission Act, Section 34A-2-422 of the Utah Workers' Compensation Act, and Subsection 63G-3- 201(2) of the Utah Administrative Rulemaking Act.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 27, 2017
• Notice of Continuation: July 6, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1); 34A-1-301 et seq.; 34A-4-304; 34A-2-422; 63G-3- 201(2); 63G-4-102 et seq.

Utah Admin. Code R602-3-2 Benefits Subject to Assignment

A. Commission approval a precondition to any action to transfer benefits. Subsection 34A-2-422(3) prohibits any transfer, or action to transfer, workers' compensation payment rights without prior Commission approval. The Commission will not approve any proposed transfer that includes an advance of funds or property, or other similar action, without prior Commission review.

B. Transfer limited to benefits that are fixed and certain. Pursuant to Subsection 34A-2-422(3)(c), Commission approval of a transfer of workers' compensation payment rights is a "full and final resolution" of such payment rights. The Commission will, therefore, approve transfer of only those payment rights that are fixed and certain as a matter of law. The Commission will not approve the transfer of payment rights that are subject to modification under any provision of the Utah Workers' Compensation Act or other applicable law.

C. New petition required for additional transfers. A petition may not request Commission approval of future, open- ended or follow-up transfers of payment rights. A new petition must be submitted for approval of any such additional transfers.

D. Medical benefits. An injured worker is entitled to continuing medical care necessary to treat his or her work- related injuries. These medical benefits are, by their nature, contingent on the injured worker's future medical condition and progress in medical and pharmacological science. For these reasons, medical benefits are not "fixed and certain," and the Commission will not approve any request for transfer of medical benefits.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 27, 2017
• Notice of Continuation: July 6, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1); 34A-1-301 et seq.; 34A-4-304; 34A-2-422; 63G-3- 201(2); 63G-4-102 et seq.

Utah Admin. Code R602-3-3 Procedure for Requesting Approval

A. Petition. The transferee shall fully complete the Commission's "Petition for Approval of Transfer of Payment Rights" form. The transferee shall then file the completed petition with the Commission's Adjudication Division. The Adjudication Division shall return to the transferee any petition that is not fully completed, signed, and accompanied with all required documentation.

B. Documentation. Subsection 34A-2-422(3)(b)(ii)(A) requires that the transferor of workers' compensation payment rights receive adequate notice of the workers' compensation benefits proposed to be transferred, as well as an explanation of the financial consequences of, and alternatives to, the proposed transfer. The Commission will therefore require the following documentation to accompany every Petition for Approval of Transfer of Payment Rights.

1. Notice and explanation. The transferee shall provide to the transferor an explanation of the proposed transfer, in writing, with receipt confirmed by the transferor's signature.

a. The notice and explanation must be in plain language. If the transferor is of limited English proficiency, the notice and explanation must also be provided in writing in the transferor's native language.

b. The notice and explanation must contain each of the following items in full detail:

i. A description of the specific workers' compensation payment rights proposed to be transferred;

ii. An explanation of the legal effect of the transfer;

iii. An explanation of all alternatives to the proposed transfer; and

iv. A recommendation that the transferor obtain independent professional advice regarding the advisability of the proposed transfer and the terms of the proposed transfer.

2. Disclosure of financial information. The transferee shall provide written disclosure of financial information regarding the proposed transfer to the transferor, with receipt confirmed by the transferor's signature.

a. The disclosure of financial information must be in plain language. If the transferor is of limited English proficiency, the disclosure must also be provided in writing in the transferor's native language.

b. The disclosure of financial information must contain each of the following items full detail:

i. The amount and due date of each payment to be transferred;

ii. The sum of all payments to be transferred; iii. The present value of the payments to be transferred, computed in the same manner and using the same discount rate by which future annuity payments are discounted to present value for federal estate tax purposes;

iv. The gross amount payable by the transferee in exchange for the payments to be transferred;

v. The implied annual interest rate that the transferor would be paying if the transfer were viewed as a loan to the transferor of the net amount payable by the transferee, to be paid in installments corresponding to the transferred payments.

vi. An itemized listing for any amount to be deducted from the gross payment, with detailed explanation of the reason for such deduction and the method for computing the deduction;

vii. The net amount to be paid to the transferee;

viii. The amount and method of calculation of any penalties or liquidated damages for which the transferor might be liable under the transfer agreement; and

ix. A statement of the tax consequences of the transfer.

3. Source of workers' compensation payment rights. The transferee shall provide an authenticated copy of the document(s) that establish the transferor's right to the workers' compensation payment rights that are proposed to be transferred.

4. All agreements between the transferor and transferee. All agreements between the transferor and transferee must be in writing and signed by both the transferor and the transferee. The transferee will provide true and correct copies of all such documents.

C. Notice to other interested parties. After the Adjudication Division has received a petition for approval of transfer of payment rights, and has determined that the petition is complete and is supported by all necessary documentation, the Division will mail copies of the petition and supporting documentation to the following:

1. Each party and attorney who participated in the underlying workers' compensation claim;

2. If the payment right to be transferred arises under a structured workers' compensation settlement, the issuer and owner of the annuity contract that funds the settlement;

3. Any other party having rights or obligations with respect to the payment rights proposed to be transferred;

4. An ombudsman designated by the Industrial Accidents Division for receipt of such petitions; and

5. Any other individual or entity the Division believes may have an interest in the proposed transfer.

D. Hearing. All Petitions for Approval of Transfer of Payment Rights will be assigned to the Director of the Adjudication Division for hearing.

1. The Director will conduct a formal evidentiary hearing on each petition to determine whether the petition should be approved. The hearing will be conducted in accordance with the requirements of the Utah Administrative Procedures Act.

2. No hearing on the merits of a petition will be scheduled prior to 60 days after the notices required by III.C of this rule have been mailed to all parties entitled to such notice.

3. Notice of hearing on the merits of a petition shall be provided to the transferor, the transferee, their attorneys, and all parties listed in III.C.1 through 4 of this rule.

4. The Director will conduct the hearing in such manner as the Director deems proper to obtain all information that may be material to approval or rejection of the proposed transfer.

E. Decision. After hearing, the Director will issue a written decision approving or denying the petition. The Director may approve a petition only if the Director finds:

1. The petition has been submitted in proper form with all required documentation;

2. The notice and explanation required by III.B.1 of this rule and the disclosure of financial information required by III.B.2 of this rule are correct, adequate, and understood by the transferor;

3. The agreement(s) between the transferor and transferee does not include any abusive provisions that are against the transferor's best interests. "Abusive provisions" include, but are not limited to, the following:

a. The transferor's confession of judgment or consent to entry of judgment;

b. Choice of forum or choice of law provisions requiring resolution of disputes in a forum other than the courts and administrative agencies of the State of Utah, or under the laws of a jurisdiction other than Utah; or

c. Requirements that transferors indemnify transferees or reimburse transferees for costs or expenses incurred in disputes between transferors and transferees.

4. The proposed transfer is in the best interest of the transferor, specifically taking into account:

a. The transferor's need for a continuing source of income to provide for future necessities;

b. The needs of the transferor's dependents for a continuing source of support from the transferor to provide for future necessities;

c. Whether the transferor's intended uses of the funds obtained as a result of the transfer are prudent and consistent with the underlying purposes of the workers' compensation system;

d. Whether the transferor possesses the ability to manage, preserve and properly apply the funds to be obtained through the transfer; and

e. Whether other alternatives exist that will better meet the legitimate needs of the transferor and/or satisfy the objectives of the workers' compensation system.

F. Appeal. Any interested party who has participated in the formal evidentiary hearing conducted pursuant to III.D of this rule may request agency review of the Director's decision by following the procedures established in Section 63G-4-301 of the Utah Administrative Procedures Act and Section 34A-1-303 of the Utah Labor Commission Act.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 27, 2017
• Notice of Continuation: July 6, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1); 34A-1-301 et seq.; 34A-4-304; 34A-2-422; 63G-3- 201(2); 63G-4-102 et seq.

R602-4 Procedures for Termination of Temporary Total Disability Compensation Pursuant to Reemployment Under Section 34A-2-410.5

Utah Admin. Code R602-4-1 Purpose, Authority and Scope

Section 34A-2-410.5 allows an employer or its insurance carrier ("employer" hereafter) to request Labor Commission permission to reduce or terminate an employee's temporary disability compensation. Under authority of section 34A-2- 410.5(7), the Commission establishes these rules to govern the adjudication of such requests. This rule supersedes the provisions of R602-2, R602-3, and R602-5 as to any actions brought pursuant to section 34A-2-410.5.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-410.5

Utah Admin. Code R602-4-2 Commission Permission Required

An employer shall not terminate or reduce an employee's temporary disability compensation pursuant to section 34A-2- 410.5 prior to issuance of a final order by the Commission ordering the reduction or termination.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-410.5

Utah Admin. Code R602-4-3 Mediation

Prior to filing a request to terminate or reduce temporary disability compensation pursuant to section 34A-2-410.5, the parties are encouraged to request assistance from the Mediation Unit of the Commission's Industrial Accidents Division.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-410.5

Utah Admin. Code R602-4-4 Pleadings and Discovery

A. Definitions.

1. "Application" means an Application for Hearing for Termination or Reduction of Compensation (Adjudication Form 402), all supporting documents, proof of service and Notice of Request for Termination or Reduction of Compensation (Adjudication Form 404) which together constitute the request for agency action regarding termination or reduction of benefits pursuant to Section 34A-2-410.5.

2. "Supporting medical documentation" means any medical provider's report or treatment note that addresses the employee's medical condition or functional restrictions.

3. "Supporting documents" means supporting medical documentation. Persons with Knowledge List (Adjudication Form 403), any documents related to reasons for the requested termination or reduction, and any documents describing the employee's work duties.

4. "Proof of Service" means any of the following: 1) the employee's signed and dated acceptance of service of the Application and all supporting documents; 2) a certificate of service of the Application and all supporting documents signed by the employer or insurer's counsel and accompanied by a return receipt signed by the employee; or 3) a return of service showing personal service of the Application and all supporting documents on the employee according to Utah Rule of Civil Procedure 4(d)(1).

5. "Persons with Knowledge List" (Adjudication Form 403) means a party's list of all persons who have material knowledge regarding the reasons for the request to terminate or reduce compensation. The list must specify the full name of the person, a summary of the knowledge possessed by the person, and a statement whether the party will produce the person as a witness at hearing.

6. "Notice of Request for Termination or Reduction of Compensation" means Adjudication Form 404.

7. "Petitioner" means the employer who has filed an Application for Hearing.

8. "Respondent" means the employee against whom the Application for Hearing was filed.

B. Application for Hearing.

1. An employer may request Commission approval to terminate or reduce an employee's temporary disability compensation under section 34A-2-410.5 by filing an Application with the Commission' Adjudication Division.

2. An Application is not deemed filed with the Division until the employer submits a completed Application with all required documentation.

C. Discovery.

1. At least 15 days prior to a hearing on an Application, each party shall mail or otherwise serve on the opposing party a list of all witnesses that party will produce at the hearing. Because it is presumed that the employee will appear at the hearing, the employee is not required to list himself or herself on the list. The employer will also mail to or otherwise serve on the employee a copy of all exhibits the employer intends to submit at the hearing.

2. Testimony of witnesses and exhibits not disclosed as required by this Rule shall not be admitted into evidence at the hearing. A party's failure to subpoena or otherwise produce an individual previously identified by that party as an intended witness may give rise to an inference that the individual's testimony would have been adverse to the party failing to produce the witness.

3. Other than disclosures required by this rule and voluntary exchanges of information, the parties may not engage in any other discovery procedures.

4. Subpoenas may be used only to compel attendance of witnesses at hearing, and not for obtaining documents or compelling attendance at depositions. All subpoenas shall be signed by an administrative law judge.

D. Defaults and Motions.

1. Defaults in proceedings under Section 34A-2-410.5 shall only be issued at the time of hearing based on nonattendance of a party at the hearing.

2. Motions will only be considered at the time of hearing.

E. Hearings.

1. Scheduling and Notice.

A hearing will be held within 30 days after an Application is filed with the Commission's Adjudication Division. The Division will send notice of hearings to the addresses of the employer and employee set forth on the Application. A party must immediately notify the Division of any change or correction of the addresses listed on the Application. The Division will also mail notice to the address of any party's attorney as disclosed on the Application or by an Appearance of counsel filed with the Division. Notice by the Division to a party's attorney is considered notice to the party itself.

2. Hearings.

Each hearing pursuant to section 34A-2-410.5 shall be conducted by an administrative law judge as a formal evidentiary hearing. The evidentiary record shall be deemed closed at the conclusion of the hearing, and no additional evidence will be accepted thereafter. After hearing, the administrative law judge shall issue a decision within 45 days from the date the Application was filed.

F. Motions for Review.

Commission review of an administrative law judge's decision is subject to the provisions of section 63G-4-301, section 34A-1-1-303, and R602-2-1(M).

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-410.5

R602-5 Procedures for Resolving Disputes Regarding "Cooperation" and "Diligent Pursuit" Under Subsection 34A-2-413(6)(e)(iii) and Subsection 34A-2-413(9) Consistent with Utah Administrative Code Subsection R612-200-7(D)(4)

Utah Admin. Code R602-5-1 Purpose, Authority and Scope

Section 34A-2-413(6)(e)(iii) states an administrative law judge shall make a final decision of permanent total disability based on an employer's failure to diligently pursue an approved reemployment plan. Section 34A-2-413(9) states that an administrative law judge shall dismiss a claim for benefits based on an employee's failure to fully cooperate with an approved reemployment plan. Under authority of section 34A-1-104, the Commission establishes these rules to govern hearings under this section. The provisions of R602-5 pertaining to applications for hearing pursuant to Section 34A-2-413(6)(e)(iii) and Section 34A-2-413(9) supersede the Administrative Rules contained in R602-2, R602-3, and R602-4 as to any actions brought pursuant to Section 34A-2-413(6)(e)(iii) and Section 34A-2-413(9).

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-2 Mediation in Section 34A-2-413(6)(e)(iii) Cases

Prior to filing an application for a final determination of permanent total disability based on an employer's failure to diligently pursue the reemployment plan pursuant to Section 34A-2-413(6)(e)(iii) the parties are encouraged to request assistance from the Mediation Unit of the Commission's Industrial Accidents Division.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-3 Pleadings and Discovery in Section 34A-2-413(6)(e)(iii) Cases

A. Definitions.

1. "Application for Hearing" means the Application for Hearing for Final Determination of Permanent Total Disability form (Adjudication Form 502), all supporting documents, and proof of service which together constitute the request for agency action for final determination of permanent total disability based on an employer's failure to diligently pursue the reemployment plan pursuant to Section 34A-2-413(6)(e)(iii).

2. "Supporting medical documentation" means any medical report or treatment note completed by a medical provider or physician that references, describes or otherwise sets forth the employee's medical or functional capacities, restrictions and/or abilities.

3. "Supporting documents" means supporting medical documentation, Persons with Knowledge List (Adjudication Form 403), an outline of the specific instances of lack of diligence as required by R612-200-7(D)(4) and all documents in any way related to reasons identified for the requested final determination of permanent total disability whether tending to prove or disprove the same.

4. "Proof of Service" means any of the following: 1) the respondent(s)'s signed and dated acceptance of service of the Application and all supporting documents; 2) a certificate of service of the Application and all supporting documents signed by the employee and accompanied by a return receipt signed by the respondent(s); or 3) a return of service showing personal service of the Application and all supporting documents on the respondent(s) according to Utah Rule of Civil Procedure 4(d)(1).

5. "Persons with Knowledge List" (Adjudication Form 403) means a party's list of all persons who have material knowledge regarding the employer's alleged failure to diligently pursue the reemployment plan pursuant to Section 34A-2- 413(6)(e)(iii). The list must specify the full name of the person, a summary of the knowledge possessed by the person, and a statement whether the employee will produce the person as a witness at hearing.

6. "Petitioner" means the petitioner in the original case determining permanent total disability.

7. "Respondent" means the respondent(s) in the original case determining permanent total disability.

B. Application for Hearing.

1. Whenever a final determination of permanent total disability is requested by petitioner pursuant to Section 34A-2- 413(6)(e)(iii), the burden rests with the petitioner to initiate agency action by filing a Application for Hearing with the Division.

2. An Application for Hearing is not deemed filed pursuant to Section 34A-2-413(6)(e)(iii) until the petitioner files with the Division a completed Application for Hearing (Adjudication Form 502) together with all supporting documents and proof of service.

C. Discovery.

1. At least 15 days prior to a hearing on an Application, each party shall mail or otherwise serve on the opposing party a list of all witnesses that party will produce at the hearing. Because it is presumed that the employee will appear at the hearing, the employee is not required to list himself or herself on the list. The respondent will also mail to or otherwise serve on the employee a copy of all exhibits the respondent intends to submit at the hearing.

2. Testimony of the witnesses and exhibits not disclosed as required by this Rule shall not be admitted into evidence at the hearing. A party's failure to subpoena or otherwise produce an individual previously identified by that party as an intended witness may give rise to an inference that the individual's testimony would have been adverse to the party failing to produce the witness.

3. Other than disclosures required by this rule and voluntary exchanges of information, the parties may not engage in any other discovery procedures.

4. Subpoenas may be used only to compel attendance of witnesses at hearing, and not for obtaining documents or compelling attendance at depositions. All subpoenas shall be signed by an administrative law judge.

D. Defaults and Motions.

Defaults in proceedings under Section 34A-2-413(6)(e)(iii) and as set forth in R612-200-7(D)(4) shall only be ordered at the time of hearing based on nonattendance of a party at the hearing. Motions will only be considered at the time of hearing.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-4 Hearings in Section 34A-2-413(6)(e)(iii) Cases

A. Scheduling and Notice.

A hearing on an Application for Hearing filed pursuant to Section 34A-2-413(6)(e)(iii) and as set forth in R612-200- 7(D)(4) will be set within 30 days of the date the Application for Hearing is filed with the Division. The Division will send notice of hearings by regular mail to the addresses of the parties as set forth on the Application. A party must immediately notify the Division of any change or correction of the addresses listed on the Application. The Division will also mail notice to the address of any party's attorney as disclosed on the Application or by an Appearance of Counsel filed with the Division. Notice by the Division to a party's attorney is considered notice to the party itself.

B. Hearings.

Each hearing pursuant to Section 34A-2-413(6)(e)(iii) and as set forth in R612-200-7(D)(4) shall be conducted by an administrative law judge as a formal evidentiary hearing. The evidentiary record shall be deemed closed at the conclusion of the hearing, and no additional evidence will be accepted thereafter. After hearing, the administrative law judge shall issue a decision within 45 days from the date the Application was filed.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-5 Mediation in Section 34A-2-413(9) Cases

Prior to filing an application for hearing for dismissal of claim for benefits pursuant to Section 34A-2-413(9) the parties are encouraged to request assistance from the Mediation Unit of the Commission's Industrial Accidents Division.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-6 Pleadings and Discovery in Section 34A-2-413(9) Cases

A. Definitions.

1. "Application for Hearing" means the Application for Hearing for Termination or Reduction of Compensation form (Adjudication form 602), with all supporting documents and proof of service which together constitute the request for agency action regarding termination or reduction of benefits pursuant to Section 34A-2-413(9).

2. "Supporting medical documentation" means any medical report or treatment note completed by a medical provider or physician that references, describes or otherwise sets forth the employee's medical or functional capacities, restrictions and/or abilities.

3. "Support documents" means supporting medical documentation, Persons with Knowledge List (Adjudication Form 403), an outline of the specific instances of non-cooperation as required by R612-200-7(D)(4) and all documents in any way related to reasons identified for the requested termination whether tending to prove or disprove the same and all documents describing the employee's work duties during his or her employment with respondent employer.

4. "Proof of Service" means any of the following: 1) the employee's signed and dated acceptance of service of the Application and all supporting documents; 2) a certificate of service of the Application and all supporting documents signed by the respondent's counsel and accompanied by a return receipt signed by the employee; or 3) a return of service showing personal service of the Application and all supporting documents on the employee according to Utah Rule of Civil Procedure 4(d)(1).

5. "Persons with Knowledge List" (Adjudication Form 403) means a list of any person who may have knowledge of the events and/or circumstances relating to the reasons for the request to terminate or reduce compensation whether tending to prove or disprove the reason(s) set forth in the Application for Hearing. The Persons with Knowledge list must specify the full name, address and phone number of the person if know, a short statement of the knowledge believed possessed by the person and a statement as to whether or not the respondent will actually produce the person with knowledge as a witness at the evidentiary hearing.

6. "Petitioner" means the petitioner in the original case determining permanent total disability.

7. "Respondent" means the respondent(s) in the original case determining permanent total disability.

B. Application for Hearing.

1. Respondent may request a dismissal of claim for permanent total disability compensation pursuant to Section 34A- 2-413(9) by filing an Application with the Commission's Adjudication Division.

2. An Application is not deemed filed with the Division until the respondent submits a completed Application with all required documents.

C. Discovery.

1. At least 15 days prior to a hearing on an Application , each party shall mail or otherwise serve on the opposing party a list of all witnesses that party will produce at the hearing. Because it is presumed that the employee will appear at the hearing, the employee is not required to list himself or herself on the list. The employee will also mail to or otherwise serve on the employer a copy of all exhibits the employee intends to submit at the hearing.

2. Testimony of witnesses and exhibits not disclosed as required by this Rule shall not be admitted into evidence at the hearing. A party's failure to subpoena or otherwise produce an individual previously identified by that party as an intended witness may give rise to an inference that the individual's testimony would have been adverse to the party failing to produce the witness.

3. Other than disclosures required by this rule and voluntary exchanges of information, the parties may not engage in any other discovery procedures.

4. Subpoenas may be used only to compel attendance of witnesses at hearing, and not for obtaining documents or compelling attendance at depositions. All subpoenas shall be signed by an administrative law judge.

D. Defaults and Motions.

Defaults shall only be issued at the time of hearing based on nonattendance of a party. Motions will only be considered at the time of hearing.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-7 Hearings in Section 34A-2-413(9) Cases

A. Scheduling and Notice.

A hearing will be held within 30 days after an Application is filed with the Commission's Adjudication Division. The Division will send notice of hearing by regular mail to the addresses of parties as set forth on the Application. A party must immediately notify the Division of any change or correction of the addresses listed on the Application. The Division will also mail notice to the address of any party's attorney as disclosed on the Application or by an Appearance of Counsel filed with the Division. Notice by the Division to a party's attorney is considered notice to the party itself.

B. Hearings.

Each hearing pursuant to Section 34A-2-413(9) shall be conducted by an administrative law judge as a formal evidentiary hearing. The evidentiary record shall be deemed closed at the conclusion of the hearing, and no additional evidence will be accepted thereafter. After hearing, the administrative law judge shall issue a decision within 45 days from the date the Application was filed.

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

Utah Admin. Code R602-5-8 Motions for Review

Commission review of an administrative law judge's decision is subject to the provisions of section 63G-4-301, section 34A-1-303, and R602-2.1(M).

History

• KEY: workers' compensation, administrative procedures, hearings
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-1-104(1) et seq.; 34A-2-413(6)(e)(iii); 34A-2-413(9)

R602-6 Procedures Applicable for Approval of Settlement Agreements in Workers' Compensation

Utah Admin. Code R602-6-1 Statutory Authority

Section 34A-2-420 requires the Commission to review all agreements for the settlement or commutation of claims for workers' compensation or occupational disease benefits and grants the Commission discretion to approve such agreements. The Commission's authority under Section 34A-2-420 applies to all claims arising under the Utah Workers' Compensation Act or Occupational Disease Act, regardless of the date of accident or occupational disease. This rule sets forth the requirements for Commission approval of such agreements.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-2-420

Utah Admin. Code R602-6-2 Applicability of Rule

This Rule applies to settlements of all claims under the Workers' Compensation Act.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-2-420

Utah Admin. Code R602-6-3 General Considerations

Settlement agreements may be appropriate in claims of disputed validity or when the parties' interests are served by payment of benefits in a manner different than otherwise prescribed by the workers' compensation laws. However, settlement agreements must also fulfill the underlying purposes of the workers' compensation laws. Once approved by the Commission, settlement agreements are permanently binding on the parties. The Commission will not approve any proposed settlement that is manifestly unjust.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-2-420

Utah Admin. Code R602-6-4 Procedure

A. Parties interested in a present or potential workers' compensation claim, whether or not an application for hearing has been filed, may submit their settlement agreement to the Commission for review and approval. The Commission may delegate its authority to review and approve such agreements.

B. Each settlement agreement shall be in writing, executed by each party and such party's attorney, if any, and shall include a proposed order for Commission approval of the agreement.

C. Each settlement agreement shall set forth the nature of the claim being settled and what claims are in dispute, if any.

D. Each settlement agreement shall contain a statement that each party understands that the agreement is permanent, binding and constitutes full and final settlement of any right the claimant may otherwise have to future benefits, including medical benefits. The Commission may establish an approved form for complying with the foregoing disclosure requirement.

E. Attorney's fees shall be allowed as provided by Rule R602-2-4. Each settlement agreement shall describe the amount to be paid to claimant's counsel as attorney's fees and costs, the manner in which such amounts are computed and the method of payment thereof.

F. The settlement agreement may provide for payment of benefits through insurance contract or by other third parties if the Commission determines: a) such payment provisions are secure, and b) such payment provisions do not relieve the parties of their underlying liability for payments required by the agreement.

G. Upon receipt of a proposed settlement agreement meeting the requirements of this rule, the Commission shall review such proposed agreement.

H. As needed, the Commission may contact the parties and others to obtain further information about the proposed settlement.

I. If the Commission determines that a proposed settlement agreement conforms with this rule, the Commission shall approve such agreement and notify the parties in writing.

J. If the Commission determines that a proposed settlement agreement does not comply with this rule, the Commission shall notify the parties in writing of its reasons for rejecting the proposed agreement.

K. The Commission shall retain a record of its action on all settlement agreements submitted to it for approval.

History

• KEY: workers' compensation, administrative procedures, hearings, settlements
• Date of Last Change: December 8, 2008
• Notice of Continuation: February 8, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-2-420

R602-7 Adjudication of Discrimination Claims

Utah Admin. Code R602-7-1 Statutory Authority

Section 34A-5-107(5)(c) provides a right for a person filing a charge of discrimination with the Utah Antidiscrimination and Labor Division to file a written request to the Division of Adjudication for an evidentiary hearing to review de novo a determination and order issued by the Utah Antidiscrimination and Labor Division. Section 34A-5-107(13) authorizes the Labor Commission to establish rules governing these proceedings.

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

Utah Admin. Code R602-7-2 Applicability of Rule

The provisions of R602-7 pertaining to requests for hearing pursuant to Section 34A-5-107 (5) (c) supersede the Administrative Rules contained in R602-2, R602-3, R602-4, R602-5, R602-6 and R602-8 as to any actions brought pursuant to Section 34A-5-107 (5) (c).

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

Utah Admin. Code R602-7-3 Adjudication of Actions Commenced Pursuant to Section 34A-5-107(5)(c)

1. Pleadings and Discovery.

a. Definitions.

i. "Commission" means the Labor Commission.

ii. "Division" means the Division of Adjudication within the Labor Commission.

iii. "Request for De Novo Review" pursuant to Section 34A-5-107(5)(c) means a written request filed with the Commission and directed to the Division requesting de novo review of a specific Determination and Order issued by the Utah Antidiscrimination and Labor Division and shall include the following:

A. the name, mailing address, electronic address and telephone number of the party seeking de novo review and of their attorney, if applicable.

B. the name, mailing address, electronic address and telephone number of the opposing parties and of their attorney if applicable.

C. the date the Determination and Order was issued by the Utah Antidiscrimination Division.

D. a request for relief, specifying the type and extent of relief requested, and a statement of facts supporting the requested relief.

iv. "Petitioner" means the charging party in the original case resulting in the Determination and Order issued by the Utah Antidiscrimination and Labor Division.

v. "Respondent" means the respondent in the original case resulting in the Determination and Order issued by the Utah Antidiscrimination and Labor Division.

b. Scheduling Conference and Order.

Upon receipt of the Request for De Novo Review the Division may schedule a scheduling conference to be attended by the parties and, where required by R602-1-3.1, their attorneys. The Division will issue a Scheduling Order containing deadlines and requirements for the filing of Petitioner's Statement, deadlines and requirements for the filing of Respondent's Answer, discovery deadlines, motion deadlines and any other deadlines deemed appropriate for the orderly administration of the case as determined by the administrative law judge assigned to the case.

c. Respondent's Answer.

The Respondent's Answer shall include:

i. the name, mailing address, electronic address and telephone number of the party;

ii. the Adjudication Division's file number;

iii. the name of the adjudicative proceeding;

iv. an admission or denial of the specific facts alleged by the Petitioner.

v. any affirmative defenses relied on by the Respondent and specific facts in support of the affirmative defenses.

vi. a statement summarizing the reasons that the relief requested by the Petitioner should be denied.

vii. the signature of the person filing Respondent's Answer.

d. Discovery.

i.(A) Required disclosures; Discovery methods.

I. Initial disclosures. Except in cases exempt under subdivision (c)(i)(A)(II) and except as otherwise stipulated or directed by order, a party shall, without awaiting a discovery request, provide to other parties:

Aa. the name and, if known, the address and telephone number of each individual likely to have discoverable information supporting its claims or defenses, unless solely for impeachment, identifying the subjects of the information;

Bb. a copy of, or a description by category and location of, all discoverable documents, data compilations, electronically stored information, and tangible things in the possession, custody, or control of the party supporting its claims or defenses, unless solely for impeachment;

Cc. a computation of any category of damages claimed by the disclosing party, making available for inspection and copying all discoverable documents or other evidentiary material on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

Dd. Unless otherwise stipulated by the parties or ordered by the administrative law judge, the disclosures required by subdivision (c)(i)(A)(I) shall be made within 14 days after the disclosure meeting of the parties under subdivision (c)(i)(E). A party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures because the party has not fully completed the investigation of the case or because the party challenges the sufficiency of another party's disclosures or because another party has not made disclosures.

II. Disclosure of expert testimony.

Aa. A party shall disclose to other parties the identity of any person who may be used at hearing to present expert opinion evidence.

Bb. Unless otherwise stipulated by the parties or ordered by the administrative law judge, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness or party. The report shall contain the subject matter on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; the qualifications of the witness.

III. Prehearing disclosures. A party shall provide to other parties the following information regarding the evidence that it may present at hearing other than solely for impeachment:

Aa. the name and, if not previously provided, the address and telephone number of each witness, separately identifying witnesses the party expects to present and witnesses the party may call if the need arises;

Bb. an appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those which the party expects to offer and those which the party may offer if the need arises.

Cc. Disclosures required by subdivision (c)(i)(A)(III) shall be made at least 30 days before hearing.

IV. Form of disclosures and other discovery. Unless otherwise stipulated by the parties or ordered by the administrative law judge, all disclosures and discovery shall be made in writing, signed and served. Discovery and disclosure documents may be delivered by electronic means.

V. Methods to discover additional matter. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.

B. Discovery scope and limits. Unless otherwise limited by order of the administrative law judge in accordance with these rules, the scope of discovery is as follows:

I. In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

II. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. The party shall expressly make any claim that the source is not reasonably accessible, describing the source, the nature and extent of the burden, the nature of the information not provided, and any other information that will enable other parties to assess the claim. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the administrative law judge may order discovery from such sources if the requesting party shows good cause, considering the limitations of subsection (c)(i)(B)(III). The administrative law judge may specify conditions for the discovery.

III. Limitations. The frequency or extent of use of the discovery methods set forth in Subdivision (c)(i)(A)(V) shall be limited by the administrative law judge if it determines that:

Aa. the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

Bb. the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or

Cc. the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the litigation. The administrative law judge may act upon his or her own initiative after reasonable notice or pursuant to a motion under Subdivision (c)(i)(C).

IV. Hearing preparation: Materials.

(Aa) Subject to the provisions of Subdivision (c)(i)(B)(V) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under Subdivision (c)(i)(B)(I) of this rule and prepared in anticipation of litigation or for hearing by or for another party or by or for that other party's representative (including the party's attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the administrative law judge shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

Bb. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order. The provisions of Rule 37(a)(4) U. R. C.P. apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (a) a written statement signed or otherwise adopted or approved by the person making it, or (b) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

V. Hearing preparation: Experts.

A party may depose any person who has been identified as an expert whose opinions may be presented at hearing.

VI. Claims of Privilege or Protection of Hearing Preparation Materials.

Aa. Information withheld. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as hearing preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.

Bb. Information produced. If information is produced in discovery that is subject to a claim of privilege or of protection as hearing-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the administrative law judge under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the information until the claim is resolved.

C. Protective orders. Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without action by the administrative law judge, and for good cause shown, the administrative law judge may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

I. that the discovery not be had;

II. that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

III. that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

IV. that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

V. If the motion for a protective order is denied in whole or in part, the administrative law judge may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) U. R. C. P. apply to the award of expenses incurred in relation to the motion.

D. Supplementation of responses. A party who has made a disclosure or responded to a request for discovery with a response is under a duty to supplement the disclosure or response to include information thereafter acquired if ordered by the administrative law judge or in the following circumstances:

I. A party is under a duty to supplement at appropriate intervals disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. With respect to testimony of an expert from whom a report is required the duty extends both to information contained in the report and to information provided through a deposition of the expert.

II. A party is under a duty reasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

E. Disclosure Meeting. The following applies to all cases.

I. Within thirty (30) days of the date of the scheduling order the parties shall meet in person or by telephone to discuss the nature and basis of their claims and defenses, to discuss the possibilities for settlement of the action, to make or arrange for the disclosures required by this rule, to discuss any issues relating to preserving discoverable information and to develop a stipulated discovery plan. Respondent's counsel shall schedule the meeting. The attorneys of record shall be present at the meeting and shall attempt in good faith to agree upon the disclosure plan.

II. The plan shall include:

Aa. what changes should be made in the form or requirement for disclosures under subdivision (c)(i)(A);

Bb. the subjects on which discovery may be needed;

Cc. any issues relating to preservation, disclosure or discovery of electronically stored information, including the form or forms in which it should be produced;

Dd. any issues relating to claims of privilege or of protection as hearing-preparation material;

III. The discovery plan of the parties shall only be filed with the Division as an attachment to any discovery motion.

F. Signing of discovery requests, responses, and objections.

I. Every request for discovery or response or objection thereto made by a party shall be signed by at least one attorney of record or by the party if the party is not represented, whose address shall be stated. The signature of the attorney or party constitutes a certification that the person has read the request, response, or objection and that to the best of the person's knowledge, information, and belief formed after reasonable inquiry it is: (1) consistent with these rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation. If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection, and a party shall not be obligated to take any action with respect to it until it is signed.

II. If a certification is made in violation of the rule, the administrative law judge, upon motion or upon his or her own initiative, shall impose upon the person who made the certification, the party on whose behalf the request, response, or objection is made, or both, an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including a reasonable attorney fee.

G. Filing. A party shall only file disclosures or requests for discovery with the Division as an exhibit to a discovery motion.

ii. Subpoenas.

Subpoenas may only be issued by the administrative law judge assigned to the case or the presiding judge if the assigned administrative law judge is unavailable. Commission subpoena forms shall be used in all discovery proceedings. Subpoenas shall be issued at least seven business days prior to a scheduled hearing or appearance unless good cause is shown for a shorter period. Witness fees and costs shall be paid by the party requesting the subpoena pursuant to Utah Code Section 34A- 1-302(1)(c).

iii. Parties conducting discovery under this rule shall maintain mailing certificates and follow up letters regarding discovery to submit in the event Division intervention is necessary to complete discovery. Discovery documents shall not be filed with the Division at the time they are forwarded to opposing parties.

iv. Sanctions. Any party who fails to obey an administrative law judge's discovery order shall be subject to the sanctions available under Rule 37, Utah Rules of Civil Procedure.

d. Notices

i. Orders and notices mailed by the Division to the last address of record provided by a party is deemed served on that party.

ii. Where an attorney appears on behalf of a party, notice of an action by the Division served on the attorney is considered notice to the party represented by the attorney.

2. Motions - Time to Respond.

Unless otherwise provided by statute or the Administrative Law Judge, responses to all motions shall be filed within ten (10) days from the date the motion was filed with the Adjudication Division.

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

Utah Admin. Code R602-7-4 Hearings

1. Evidentiary hearings shall be conducted formally in accordance with Utah Code Section 63G-4-206. The petitioner shall have the burden of proving the claim of discrimination by a preponderance of evidence. After the close of the proceedings, the administrative law judge will issue an order pursuant to Utah Code Section 63G-4-208 and Utah Administrative Rule R602-1-4.

2. In those cases where the Utah Antidiscrimination and Labor Division in its Determination and Order made a reasonable cause finding, the Utah Antidiscrimination and Labor Division shall be given an opportunity at the evidentiary hearing to briefly outline the basis of its Determination. The presentation by the Utah Antidiscrimination and Labor Division shall not be considered evidence by the administrative law judge in issuing an order.

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

Utah Admin. Code R602-7-5 Motions for Review

1. Any party to an adjudicative proceeding may obtain review of an Order issued by an administrative law judge by filing a written request for review with the Division in accordance with the provisions of Utah Code Subsection 34A-5-107 (11), 63G-4-301 and Utah Administrative Rule R602-1-4. Unless a request for review is properly filed, the administrative law judge's order is the final order of the Commission. If a request for review is filed, other parties to the adjudicative proceeding may file a response within 20 calendar days of the date the request for review was filed. Thereafter, the administrative law judge shall:

a. Reopen the case and enter a Supplemental Order after holding such further hearing and receiving such further evidence as may be deemed necessary;

b. Amend or modify the prior order by a Supplemental Order, or

c. Refer the entire case for review.

2. If the administrative law judge enters a Supplemental Order, as provided in this subsection, it shall be final unless a request for review of the same is filed.

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

Utah Admin. Code R602-7-6 Request for Reconsideration

A request for reconsideration of an Order on Motion for Review may be allowed and shall be governed by the provision of Utah Code Section 63G-4-302. Any petition for judicial review of final agency action shall be governed by the provisions of Utah Code Section 63G-4-401 and Utah Administrative Rule R602-1-4.

History

• KEY: discrimination, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-5-107; 63G-4-102 et seq.

R602-8 Adjudication of Utah Occupational Safety and Health Citation Claims

Utah Admin. Code R602-8-1 Statutory Authority

Section 34A-6-105, Section 34A-6-303 and Section 34A-6-304 provide that an administrative law judge from the Division of Adjudication shall hear and determine timely filed contests of citations issued by Utah Occupational Safety and Health. Sections 34A-1-304, 34A-6-104(1)(c) and 34A-6-301(7)(a) authorize the Labor Commission to promulgate rules governing these proceedings.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

Utah Admin. Code R602-8-2 Applicability of Rule

The provisions of R602-8 pertaining to requests for hearing pursuant to Section 34A-6-105, Section 34A-6-303 and Section 34A-6-304 supersede the Administrative Rules contained in R602-2, R602-3, R602-4, R602-5, R602-6 and R602-7 as to any actions brought pursuant to Section 34A-6-105, Section 34A-6-303 and Section 34A-6-304.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

Utah Admin. Code R602-8-3 Adjudication of Actions Commenced Pursuant to Section 34A-6-105, Section 34A-6-303 and Section 34A-6- 304

1. Pleadings and Discovery.

a. Definitions.

i. "Commission" means the Labor Commission.

ii. "Division" means the Division of Adjudication within the Labor Commission.

iii. "Notice of Contest" pursuant to Section 34A-6-303 means a written request filed with the Commission and directed to the Division requesting an evidentiary hearing on a citation issued by the Utah Occupational Safety and Health Division and shall include the following:

A. the name, mailing address, electronic address and telephone number of the party filing the Notice of Contest and that of their attorney, if applicable.

B. the date and number of the citation issued by the Utah Occupational Safety and Health Division.

C. An admission or denial of the specific facts alleged in support of each violation alleged in the citation and a statement of agreement or disagreement with each proposed penalty set forth in the citation.

D. Any affirmative defenses relied on by the cited party and specific facts in support of the affirmative defenses.

E. A request for relief, specifying the type and extent of relief requested, and a statement of facts supporting the requested relief.

F. A statement requesting or declining an informal conference with the Administrator of Utah Occupational Safety and Health Division.

iv. "Petitioner" means Utah Occupational Safety and Health Division.

v. "Respondent" means the person or entity cited by Utah Occupational Safety and Health Division.

b. Scheduling Conference and Order.

Upon receipt of the Notice of Contest the Division may schedule a scheduling conference to be attended by the parties and, where required by R602-1-3.1, their attorneys. The Division will issue a Scheduling Order containing deadlines and requirements for the litigation including discovery deadlines, motion deadlines and any other deadlines deemed appropriate for the orderly administration of the case as determined by the administrative law judge assigned to the case.

c. Discovery.

i.(A) Required disclosures; Discovery methods.

I. Initial disclosures. Except in cases exempt under subdivision (c)(i)(A)(II) and except as otherwise stipulated or directed by order, a party shall, without awaiting a discovery request, provide to other parties:

Aa. the name and, if known, the address and telephone number of each individual likely to have discoverable information supporting its claims or defenses, unless solely for impeachment, identifying the subjects of the information;

Bb. a copy of, or a description by category and location of, all discoverable documents, data compilations, electronically stored information, and tangible things in the possession, custody, or control of the party supporting its claims or defenses, unless solely for impeachment;

Cc. a computation of any category of fines or penalties claimed by the disclosing party, making available for inspection and copying all discoverable documents or other evidentiary material on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

Dd. The disclosures required by subdivision (c)(i)(A)(I) shall be made within 14 days after the disclosure meeting of the parties under subdivision (c)(i)(E). A party shall make initial disclosures based on the information then reasonably available and is not excused from making disclosures because the party has not fully completed the investigation of the case or because the party challenges the sufficiency of another party's disclosures or because another party has not made disclosures.

II. Disclosure of expert testimony.

Aa. A party shall disclose to other parties the identity of any person who may be used at hearing to present expert opinion evidence.

Bb. Unless otherwise stipulated by the parties or ordered by the Administrative law judge, this disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness or party. The report shall contain the subject matter on which the expert is expected to testify; the substance of the facts and opinions to which the expert is expected to testify; a summary of the grounds for each opinion; the qualifications of the witness.

III. Prehearing disclosures. A party shall provide to other parties the following information regarding the evidence that it may present at hearing other than solely for impeachment:

Aa. the name and, if not previously provided, the address and telephone number of each witness, separately identifying witnesses the party expects to present and witnesses the party may call if the need arises;

Bb. an appropriate identification of each document or other exhibit, including summaries of other evidence, separately identifying those which the party expects to offer and those which the party may offer if the need arises.

Cc. Disclosures required by subdivision (c)(i)(A)(III) shall be made at least 30 days before hearing.

IV. Form of disclosures and other discovery. Unless otherwise stipulated by the parties or ordered by the administrative law judge, all disclosures and discovery shall be made in writing, signed and served. Discovery and disclosure documents may be delivered by electronic means.

V. Methods to discover additional matter. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission.

B. Discovery scope and limits. Unless otherwise limited by order of the administrative law judge in accordance with these rules, the scope of discovery is as follows:

I. In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

II. A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. The party shall expressly make any claim that the source is not reasonably accessible, describing the source, the nature and extent of the burden, the nature of the information not provided, and any other information that will enable other parties to assess the claim. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the administrative law judge may order discovery from such sources if the requesting party shows good cause, considering the limitations of subsection (c)(i)(B)(III). The administrative law judge may specify conditions for the discovery.

III. Limitations. The frequency or extent of use of the discovery methods set forth in Subdivision (c)(i)(A)(V) shall be limited by the administrative law judge if it determines that:

Aa. the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

Bb. the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or

Cc. the discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the litigation. The administrative law judge may act upon his or her own initiative after reasonable notice or pursuant to a motion under Subdivision (c)(i)(C).

IV. Hearing preparation: Materials.

Aa. Subject to the provisions of Subdivision (c)(i)(B)(V) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under Subdivision (c)(i)(B)(I) of this rule and prepared in anticipation of litigation or for hearing by or for another party or by or for that other party's representative (including the party's attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the administrative law judge shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

Bb. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for an order. The provisions of Rule 37(a)(4) U. R. C. P. apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (a) a written statement signed or otherwise adopted or approved by the person making it, or (b) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

V. Hearing preparation: Experts.

Aa. A party may depose any person who has been identified as an expert whose opinions may be presented at hearing.

VI. Claims of Privilege or Protection of Hearing Preparation Materials.

Aa. Information withheld. When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as hearing preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.

Bb. Information produced. If information is produced in discovery that is subject to a claim of privilege or of protection as hearing-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the administrative law judge under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the information until the claim is resolved.

C. Protective orders. Upon motion by a party or by the person from whom discovery is sought, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without action by the administrative law judge, and for good cause shown, the administrative law judge may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

I. that the discovery not be had;

II. that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

III. that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

IV. that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

V. If the motion for a protective order is denied in whole or in part, the administrative law judge may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(7)(J) U. R. C. P. apply to the award of expenses incurred in relation to the motion.

D. Supplementation of responses. A party who has made a disclosure or responded to a request for discovery with a response is under a duty to supplement the disclosure or response to include information thereafter acquired if ordered by the administrative law judge or in the following circumstances:

I. A party is under a duty to supplement at appropriate intervals disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. With respect to testimony of an expert from whom a report is required the duty extends both to information contained in the report and to information provided through a deposition of the expert.

II. A party is under a duty reasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.

E. Disclosure Meeting. The following applies to all cases.

I. Within thirty (30) days of the date of the scheduling order the parties shall meet in person or by telephone to discuss the nature and basis of their claims and defenses, to discuss the possibilities for settlement of the action, to make or arrange for the disclosures required by this rule, to discuss any issues relating to preserving discoverable information and to develop a stipulated discovery plan. Petitioner's counsel shall schedule the meeting. The attorneys of record shall be present at the meeting and shall attempt in good faith to agree upon the disclosure plan.

II. The plan shall include:

Aa. what changes should be made in the form for disclosures under subdivision (c)(i)(A);

Bb. the subjects on which discovery may be needed;

Cc. any issues relating to preservation, disclosure or discovery of electronically stored information, including the form or forms in which it should be produced;

Dd. any issues relating to claims of privilege or of protection as hearing-preparation material;

III. The discovery plan of the parties shall only be filed with the Division as an attachment to any discovery motion.

F. Signing of discovery requests, responses, and objections.

I. Every request for discovery or response or objection thereto made by a party shall be signed by at least one attorney of record or by the party if the party is not represented, whose address shall be stated. The signature of the attorney or party constitutes a certification that the person has read the request, response, or objection and that to the best of the person's knowledge, information, and belief formed after reasonable inquiry it is: (1) consistent with these rules and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; (2) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; and (3) not unreasonable or unduly burdensome or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation. If a request, response, or objection is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the party making the request, response, or objection, and a party shall not be obligated to take any action with respect to it until it is signed.

II. If a certification is made in violation of the rule, the administrative law judge, upon motion or upon its own initiative, shall impose upon the person who made the certification, the party on whose behalf the request, response, or objection is made, or both, an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including a reasonable attorney fee.

G. Filing. A party shall only file disclosures or requests for discovery with the Division as an exhibit to a discovery motion.

ii. Subpoenas. Subpoenas may only be issued by the administrative law judge assigned to the case or the presiding judge if the assigned administrative law judge is unavailable. Commission subpoena forms shall be used in all discovery proceedings. Subpoenas shall be issued at least seven business days prior to a scheduled hearing or appearance unless good cause is shown for a shorter period. Witness fees and costs shall be paid by the party requesting the subpoena pursuant to Utah Code Section 34A-1-302 (1)(c).

iii. Parties conducting discovery under this rule shall maintain mailing certificates and follow up letters regarding discovery to submit in the event Division intervention is necessary to complete discovery. Discovery documents shall not be filed with the Division at the time they are forwarded to opposing parties.

iv. Sanctions. Any party who fails to obey an administrative law judge's discovery order shall be subject to the sanctions available under Rule 37, Utah Rules of Civil Procedure.

2. Notices

a. Orders and notices mailed by the Division to the last address of record provided by a party is deemed served on that party.

b. Where an attorney appears on behalf of a party, notice of an action by the Division served on the attorney is considered notice to the party represented by the attorney.

3. Motions - Time to Respond.

Unless otherwise provided by statute or the Administrative Law Judge, response to all motions shall be filed within ten (10) days from the date the motion was filed with the Adjudication Division.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

Utah Admin. Code R602-8-4 Hearings

Evidentiary hearing shall be conducted formally in accordance with Utah Code Section 63G-4-206. Petitioner shall have the burden of proving the factual and legal sufficiency of the citation and penalty by a preponderance of evidence. After the close of the proceedings, the administrative law judge will issue an order pursuant to Utah Code Section 63G-4-208 and Utah Administrative Rule R602-1-4.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

Utah Admin. Code R602-8-5 Motions for Review

1. Any party to an adjudicative proceeding may obtain review of an Order issued by an administrative law judge by filing a written request for review with the Adjudication Division in accordance with the provisions of Utah Code Sections 34A- 6-304, 63G-4-301 and Utah Administrative Rule R602-1-4. Unless a request for review is properly filed, the administrative law judge's order is the final order of the Commission. If a request for review is filed, other parties to the adjudicative proceeding may file a response within 20 calendar days of the date the request for review was filed. Thereafter, the administrative law judge shall:

a. Reopen the case and enter a Supplemental Order after holding such further hearing and receiving such further evidence as may be deemed necessary;

b. Amend or modify the prior order by a Supplemental Order, or

c. Refer the entire case for review.

2. If the administrative law judge enters a Supplemental Order, as provided in this subsection, it shall be final unless a request for review of the same is filed.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

Utah Admin. Code R602-8-6 Request for Reconsideration

A request for reconsideration of an Order on Motion for Review may be allowed and shall be governed by the provision of Utah Code Section 63G-4-302. Any petitioner for judicial review of final agency action shall be governed by the provisions of Utah Code Section 63G-4-401 and Utah Administrative Rule R602-1-4.

History

• KEY: occupational safety and health, administrative procedures, hearings, settlements
• Date of Last Change: June 22, 2011
• Notice of Continuation: August 15, 2023
• Authorizing, and Implemented or Interpreted Law: 34A-6-105; 34A-6-303; 34A-6-304; 63G-4-102 et seq.

R606 Antidiscrimination and Labor, Antidiscrimination

R606-1 Antidiscrimination

Utah Admin. Code R606-1-1 Authority

This rule is established pursuant to Section 34A-5-104.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-2 Definitions

The following definitions are complementary to the statutory definitions specified in Section 34A-5-102, and shall apply to all rules of R606.

A. "Act" means the Utah Antidiscrimination Act, prohibiting discriminatory or unlawful employment practices.

B. "Charging party" means the person who initiated agency action.

C. "Director" means the Director, Division of Antidiscrimination and Labor.

D. "Division" means the Division of Antidiscrimination and Labor.

E. "Disability" is defined in Section 34A-5-102 and is further defined as follows:

1. Being regarded as having a disability is equivalent to being disabled or having a disability.

2. Having a record of an impairment substantially limiting one or more major life activities is equivalent to being disabled or having a disability.

3. Major life activity means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and employment.

4. An individual will be considered substantially limited in the major life activity of employment or working if the individual is likely to experience difficulty in securing, retaining, or advancing in employment because of a disability.

5. Has a record of such an impairment means has a history of, or has been regarded as having, a mental or physical impairment that substantially limits one or more major l ife activity.

6. Is regarded as having an impairment means:

a. has a physical or mental impairment that does not substantially limit major life activities but is treated as constituting such a limitation;

b. has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such an impairment; or

c. has none of the impairments listed in the definition of physical or mental impairment above but is treated as having such an impairment.

F. "He, His, Him, or Himself" shall refer to either sex.

G. "Investigator" shall mean the individual designated by the Commission or Director to investigate complaints alleging discriminatory or prohibited employment practices.

H. "Qualified disabled individual" means a disabled individual who with reasonable accommodation can perform the essential functions of the job in question.

I. "Reasonable accommodation": For the purpose of enforcement of these rules and regulations the following criteria will be utilized to determine a reasonable accommodation.

1. An employer shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its program

2. Reasonable accommodation may include:

a. making facilities used by the employees readily accessible to and useable by disabled individuals; and

b. job restructuring, modified work schedules, acquisition or modification of equipment or devices, and other similar actions.

3. In determining pursuant to Rule R606-1-2.J.1 whether an accommodation would impose an undue hardship on the operation of an employer, factors to be considered include:

a. the overall size of the employer's program with respect to number of employees, number and type of facilities, and size of budget;

b. the type of the employer's operation, including the composition and structure of the employer's work force; and

c. the nature and cost of the accommodation needed.

4. An employer may not deny an employment opportunity to a qualified disabled employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.

5. Each complaint will be handled on a case-by-case basis because of the variable nature of disability and potential accommodation.

J. "Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made either explicitly or implicitly a term or condit ion of an individual's employment.

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-3 Procedures--Request for Agency Action and Investigation File

A. CONTENTS OF REQUEST FOR AGENCY ACTION

A request for agency action as specified in Section 34A-5-107, shall be filed at the Division office on a form designated by the Division. The completed form shall include all information required by Section 63G-4-201(3).

B. FILING OF REQUESTS FOR AGENCY ACTION

1. A request for agency action must be filed within 180 days after the alleged discriminatory or prohibited employment practice occurred.

2. A request for agency action shall be filed either by personal delivery or regular mail addressed to the Division's office in Salt Lake City, Utah.

3. Investigators and any other persons designated by the Division, shall be available to assist in the drafting and filing of requests for agency action at the Division's office during normal business hours.

C. RESPONSE/ANSWER TO REQUEST FOR AGENCY ACTION

1. The Division shall mail a copy of the request for agency action to the charging party and the respondent/employer within ten working days of the filing of the request for agency action.

2. The respondent must answer the allegations of discrimination or prohibited employment practice set out in the request for agency action in writing within thirty(30) days from the date of the request for agency action was sent. The response/answer shall be mailed, emailed, or faxed to the Division office. Any correspondence sent by email must be sent to the email address specified by the Division.

3. The response must:

a. Specifically address each allegation raised in the request for agency action, and

b. Be accompanied by any supporting evidence.

4. Failure to respond to a request for agency action will result in an investigation and possible determination without input or evidence from the non-responsive party.

5. Responses submitted beyond the thirty (30) day time limit described in subsection (2) will not be considered, unless an extension has been granted. Extensions are granted at the sole discretion of the Division and should not be expected.

D. INVESTIGATION

Pursuant to Section 34A-5-104(2)(b) and Section 34A-5-107(3)(b), the Division may, with reasonable notice to the parties, conduct on-site visits, interviews, fact finding conferences, obtain records and other information and take such other action as is reasonably necessary to investigate the request for agency action. A party's unjustified failure to cooperate with the Division's reasonable investigative request may result in the Division concluding its investigation based on such other information as is available to the Division.

E. AMENDMENT OF REQUEST FOR AGENCY ACTION

1. All allegations of discrimination or prohibited employment practice set out in the request for agency action may be amended, either by the Division or the charging party prior to commencement of an evidentiary hearing and the respondent may amend its answer. Amendments made during or after an evidentiary hearing may be made only with the permission of the presiding officer. The Division shall permit liberal amendment of requests for agency action and filing of supplemental requests for agency action in order to accomplish the purpose of the Act.

2. Amendments or a supplemental request for agency action shall be in writing, or on forms furnished by the Division, signed and verified. Copies shall be filed in the same manner as in the case of original requests for agency action.

3. Amendments or a supplemental request for agency action shall be served on the respondent as in the case of an original request for agency action.

4. A request for agency action or a supplemental request for agency action may be withdrawn by the charging party prior to the issuance of a final order.

F. MAILING OF REQUEST FOR AGENCY ACTION

The mailing specified in Section 63G-4-201(3) shall be performed by the Division and the persons known to have a direct interest in the requested agency action as specified in Section 63G-4-201 (3)(b) shall be the charging party and the respondent/employer.

G. CLASSIFICATION OF PROCEEDING FOR PURPOSE OF UTAH ADMINISTRATIVE PROCEDURES ACT

Pursuant to Section 63G-4-202(1), the procedures specified in Section 34A-5-107(1) through (5) are an informal process and are governed by Section 63G-4-203. Any settlement conferences scheduled pursuant to Section 34A-5-107(3) are not adjudicative hearings.

H. PRESIDING OFFICER

For those procedures specified in Section 34A-5-107(1) through (5), the presiding officer shall be the Director or the Director's designee. The presiding officer for the formal hearing referred to in Section 34A-5-(6) through (11) shall be appointed by the Commission.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-4 Adjudication and Review Pursuant to Section 34A-5-107

A. After a charge of discrimination has been investigated, the Director shall issue a Determination and Order. Alternatively, the Director may refer the charge to an investigator for further investigation.

B. A party dissatisfied with the Director's Determination and Order may request a de novo evidentiary hearing. The request must be in writing, state the party's reasons for seeking review, and must be received by the Division within 30 days of the date the Director signed the Determination and Order.

1. In computing the foregoing 30-day period, the day on which the Determination and Order are signed by the Director shall not be included. The last day of the 30-day period shall be included unless it is a weekend or legal holiday, in which event the 30-day period runs until the end of the next business day.

2. Unless a timely request for hearing is received by the Division, the Director's Determination and Order is the final Commission Order.

3. If a timely request for hearing is received, the Division will transmit the request to the Division of Adjudication within the Commission for assignment to an Administrative Law Judge. The ALJ will conduct a de novo formal hearing and issue an order in conformity with the requirements of the Utah Administrative Procedures Act.

C. A party may request review of the ALJ's order by complying with the provisions of Section 34A-1-303 and Section 63G- 4-301 of the Utah Administrative Procedures Act.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-5 Release of Information Obtained Through the Investigative Process

A. Pursuant to Utah Code Subsection 34A-5-107(14), the Division may release information gained through its investigations or proceedings to a party to facilitate their participation in the investigation under the following circumstances:

1. The request is made in writing.

2. The Division has not received a request from the person or entity providing the information that such information be considered confidential.

3. The release of the information will not, in the determination of the Division impede the investigation; and

4. The Division has not determined the requested information should remain confidential or otherwise be protected.

B. If a person or entity requests in writing the information provided to the Commission be kept confidential, the Division will consider the reasons underlying the request and make a decision regarding the confidentiality of the information. This determination will govern the release of such information.

C. After the conclusion of the investigation, either party may request a copy of investigation file.

D. The Division generally will not release the following information:

1. work product;

2. personal contact information of any individual;

3. Social Security information;

4. bank account numbers; and

5. medical records, including the ADA questionnaire, unless an appropriate release of medical information is obtained.

E. The Division may charge for the costs of providing copies to the parties.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-6 Designation as Formal Proceedings

The adjudicative proceedings referred to in Subsections 34A-5-107(6)-(10) are classified as formal proceedings for purposes of the Utah Administrative Procedures Act.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-7 Declaratory Orders

A. PURPOSE

As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and Orders governing or issued by the agency.

B. PETITION FORM AND FILING

1. The petition shall be addressed and delivered to the Director, who shall mark the petition with the date of receipt.

2. The petition shall:

(a) be clearly designated as a request for an agency Declaratory Order;

(b) identify the statute, rule, or Order to be reviewed;

(c) describe in detail the situation or circumstances in which applicability is to be reviewed;

(d) describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

(e) include an address and telephone where the petitioner can be contacted during regular work days;

(f) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

(g) be signed by the petitioner.

C. REVIEWABILITY

The agency shall not review a petition for a Declaratory Order that is:

1. not within the jurisdiction and competence of the agency;

2. trivial, irrelevant, or immaterial; or

3. otherwise excluded by state or federal law.

D. PETITION REVIEW AND DISPOSITION

1. The Director shall promptly review and consider the petition and may:

(a) meet with the petitioner;

(b) consult with Legal Counsel; or

(c) take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration.

2. The Director may issue an order pursuant to Section 63G-4-503(6).

E. ADMINISTRATIVE REVIEW

Review of a Declaratory Order is per Section 63G-4-302 only.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R606-1-8 Time

A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

B. In computing any period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing will be allowed.

History

• KEY: discrimination, employment, time
• Date of Last Change: December 31, 2014
• Notice of Continuation: September 18, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq.

R606-6 Regulation of Practice and Procedure on Employer Reports and Records

Utah Admin. Code R606-6-1 Authority

This rule is established pursuant to Section 34A-5-104.

History

• KEY: discrimination, personnel files
• Date of Last Change: 1990
• Notice of Continuation: September 18, 2024
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.

Utah Admin. Code R606-6-2 Procedures and Prohibitions

A. Employers subject to the jurisdiction of the U.S. Equal Employment Opportunity Commission shall not be required to furnish information to the Division which is a duplication of that filed on Standard Form 100, Employer Information EEO-1 Report. The Division reserves the right to require reports about the employment practices of individual employers, or groups of employers, whenever such information has not been furnished to the Equal Employment Opportunity Commission.

B. The provision respecting confidentiality of information contained in Section 709(e) of the U.S. Civil Rights Act of 1964 shall be observed by Commission and all Commission staff.

C. Any personnel or employment record made or kept by an employer (including but not necessarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by the employer for a period of six months from the date of the making of the record and the personnel action involved, whichever occurs later. In case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of six months from the date of termination. Where a complaint of discrimination has been filed, the respondent employer shall preserve all personnel records relevant to the complaint and to the charging party until final disposition of the complaint. The term "personnel records relevant to the complaint", for example, would include personnel or employment records relating to the charging party and to all other employees holding positions similar to that held or sought by the charging party and application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the charging party applied and was rejected. The date of "final disposition of the complaint" means the date of the final agency action or the end of the appeals process.

D. If a person fails to make, keep, or preserve records or make reports in accordance with the Act and rules, the district court for the county in which such person is found, resides, or has his principal place of business, upon application of the Commission, may issue an order requiring compliance.

History

• KEY: discrimination, personnel files
• Date of Last Change: 1990
• Notice of Continuation: September 18, 2024
• Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.

R608 Antidiscrimination and Labor, Fair Housing

R608-1 Utah Fair Housing Rules

Utah Admin. Code R608-1-1 Authority and Purpose

Pursuant to Section 57-21-8(2)(a), the Utah Labor Commission adopts this rule to establish the procedures necessary to implement the Utah Fair Housing Act.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-2 Definitions

The following definitions are in addition to the definitions set forth in Section 57-21-2 of the Utah Fair Housing Act

A. "Act" means the Utah Fair Housing Act, Chapter 21, Title 57.

B. "Commissioner" means the Commissioner of the Utah Labor Commission.

C. "Complaint" means an allegation of an unlawful housing practice, filed with the Division in compliance with these rules. "Complaint" includes amended or supplemental complaints.

D. "Court" means the district court in the judicial district of the state of Utah in which the asserted unfair housing practice occurred, or if this court is not in session at that time, then any judge of any court.

E. "Unlawful housing practice" means any discriminatory housing practice prohibited by the Act.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-3 Reliance on State and Federal Precedent

The Division and Commission will consider relevant State and Federal precedent in interpreting and applying the Act.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-4 Computation of Time Limits

A. A Determination, Order, or Notice required by the Act or this rule is deemed issued on the date on the face of the Determination, Order or Notice.

B. A complaint, response, request for reconsideration, or election is considered to be "filed" on the date it is received by the Division or Commission, whether by mail or by personal delivery. Each such document shall be date stamped by Division staff on the date of receipt.

C. In computing any period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing will be allowed.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-5 Designation of Proceedings as Informal-Exception

A. All proceedings pursuant to the Act and this rule are hereby designated as informal adjudicatory proceedings for purposes of the Utah Administrative Procedures Act, Title 63, Chapter 46b, except that proceedings before the Commission's Adjudication Division for de novo review of the Director's Determination and Order are formal proceedings.

B. Court proceedings are subject to the court's rules of procedure.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-6 Complaints-Filing-Time Limits-Amendment and Withdrawal

A. Any person aggrieved by an unlawful housing practice may file a complaint with the Division.

1. The complaint must be in the form designated by the Division and verified by the complainant.

2. The complaint shall contain the complainant's concise statement setting forth, to the extent reasonably possible, the following information:

a. The specific basis for complainant's belief that an unlawful housing practice has occurred, with relevant dates, places and the names of any individual participating in the alleged unlawful housing practice;

b. The specific basis for the complainant's belief that the alleged conduct is subject to the Act; and the dates and places of such unlawful housing practices;

c. The specific damages the complainant believes he or she has suffered as a result of the unlawful housing practice.

B. Division staff shall be available during normal business hours to provide reasonable assistance to complainants in completing and filing complaints.

C. Pursuant to Section 57-21-9(1), the complaint must be filed with the Division within 180 days after the alleged unlawful housing practice occurred.

D. The Director shall permit a complaint to be reasonably and fairly amended or supplemented, either by the Division or by the complainant, in order to accomplish the purpose of the Act. Such amendment or supplement may include additional respondents identified in the investigation as persons engaged in the unlawful housing practice on which the complaint is based. Procedures for filing and processing an amended or supplemental complaint shall be the same as for filing an original complaint.

E. With the Director's approval, a complainant may withdraw a complaint at any time by submitting a signed request for withdrawal to the Division.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-7 Notice Requirements

A. Within ten days of the filing of a complaint, the Division shall provide notice by registered mail to the complainant, including:

1. The date the complaint was filed with the Division;

2. A copy of the complaint;

3. The time limits applicable to the complaint and investigation process;

4. A statement of the complainant's rights and obligations under the Act;

5. A statement of the complainant's right to commence a private civil action in state or federal court, with a statement of applicable time limits for commencing such action;

6. A statement advising the complainant that retaliation against any person, or individual associated with that person, who is filing, testifying, assisting, or participating in an investigation, conciliation or administrative proceeding, is a discriminatory housing practice prohibited by the Act; and

7. A statement, if applicable, that the terms of any rental agreement remain in effect.

B. Within ten days of the filing of a complaint, the Division shall provide notice by registered mail to the respondent, which notice shall include:

1. Identification of the alleged unlawful housing practice on which the complaint is based;

2. The date the complaint was filed with the Division;

3. A copy of the complaint;

4. A statement of time limits applicable to the complaint and investigation process;

5. A statement of the respondent's rights and obligations under the Act, including respondent's obligation to submit a response to the complaint, as required by R608-1-8.

6. A statement informing the respondent of the complainant's right to commence a private civil action in state or federal court, with a statement of applicable time limits for commencing such action;

7. A statement advising the respondent that retaliation against any person, or individual associated with that person, who is filing a complaint, testifying, assisting, or participating in an investigation, conciliation, or administrative proceeding, is a discriminatory housing practice prohibited by the Act.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-8 Response to Complaint

A. A respondent shall file a signed response to the complaint with the Division within 10 days from the date of the notice required by R608-1-7.B.

B. The response must address each allegation contained in the complaint, including any available and relevant data and information regarding respondent's business practices.

C. Division staff shall be available during normal business hours to provide reasonable assistance to respondents in completing and filing responses.

D. Failure to file a response may result in the Division concluding its investigation based on information provided by the complainant and such other information as is reasonably available to the Division. Alternatively, the Commission may use its subpoena powers to compel production of the information required by this rule.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-9 Investigation-Report

A. Within 30 days of the filing of a complaint, the Division shall commence proceedings to throughly investigate and, if possible, conciliate the complaint.

B. The Division shall complete its investigation within 100 days after filing of a complaint. If the Division is unable to do, it shall notify the parties in writing of the reason for the delay.

C. The Division may, with reasonable notice to the parties, conduct on-site visits, interviews, and fact-finding conferences, and take such other action as is reasonably necessary to investigate the complaint. Pursuant to Section 57-21-8(2)(c) of the Act, the Commission may issue subpoenas to compel production of necessary evidence. Additionally, a party's unjustified failure to cooperate with the Division's reasonable investigative requests may result in the Division concluding its investigation based on such other information as is available to the Division.

D. The Division shall prepare a final investigative report on each complaint, which shall include:

1. A summary of all contacts with complainants and respondents, including the dates of such contacts;

2. A summary of contacts with witnesses, including the dates of contact; and

3. A summary of pertinent records.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-10 Determination

A. On completion of the investigation, the Director shall review the investigative report and determine whether reasonable cause exists to believe that an unlawful housing practice has occurred.

B. If the Director finds no reasonable cause to believe that an unlawful housing practice has occurred, the Director shall issue a determination dismissing the complaint. The complainant may then take such other action as described in R608-1-12.

C. If the Director finds reasonable cause to believe that an unlawful housing practice has occurred, the Director shall take such further action as described in Rule R608-1-13.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-11 Conciliation

A. During the period beginning with the filing of the complaint and ending with the Director's determination, the Division shall, to the extent feasible, engage in conciliation to settle the matter or, in accordance with HUD procedures, enter into an enforcement agreement.

1. Conciliation proceedings are confidential pursuant to Section 57-21-9(7)(a).

2. Any conciliation agreement shall be subject to approval by the Director.

3. Any party can enforce the signed and approved conciliation agreement in court proceedings.

B. Nothing in these rules prevents complainants and respondents from settling a complaint through their own efforts. However, the Division will not dismiss the complaint until the parties' settlement agreement has been submitted to, and approved by, the Director.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-12 Order of Dismissal-Reconsideration-Right to Private Civil Action

A. If the Director finds no reasonable cause to believe that an unlawful housing practice has occurred, or is about to occur, the Director shall issue a Determination and Order dismissing the Complaint.

B. The complainant may ask the Director to reconsider such order of dismissal by complying with the requirements of Section 63G-4-302 of the Utah Administrative Procedures Act.

C. The Director shall issue a decision either granting or denying the request for reconsideration.

1. If the Director grants reconsideration, the Director shall reopen the investigation, amend the Director's prior Determination and Order, or take such other necessary action.

2. If the Director denies reconsideration, the Director's Determination and Order is not subject to any additional agency or judicial review. However, the complainant may commence a private civil action pursuant to Section 57-21-12(1).

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-13 Order Finding Unlawful Housing Practice-Appeal-Choice of Forum

A. If the Director concludes that an unlawful housing practice has occurred, the Division shall informally attempt to eliminate or correct the unlawful housing practice by conducting a conciliation conference pursuant to R608-1-11.

B. If conciliation is unsuccessful, the Director shall issue a determination ordering appropriate relief as authorized by Section 57-21-11. The Director's determination shall be made public unless the Director determines that the matter involves a privacy interest entitled to protection by law, or that disclosure is not required to further the purposes of the Act.

C. A respondent disagreeing with the Director's determination may obtain de novo review by filing a written request for review with the Director within 30 days from the date the Director's determination.

1. If no timely request for de novo review is filed, the Director's determination is the Commission's final order and not subject to additional agency or judicial review.

2. If a timely request for de novo review is filed, the Director shall:

a. Notify the parties of such request for review by regular mail at their last known address of record; and

b. Inform the parties that the review proceeding will be conducted by the Commission's Adjudication Division unless any party elects to have such review conducted in court.

3. Any election for court review must be received by the Director within 20 days of the date of mailing of the Director's notice.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-14 Representation of Complainants

A. If a respondent has requested de novo review of the Director's Determination, the Commission shall consider whether the Determination is supported by substantial evidence.

B. If the Commission concludes the Determination is supported by substantial evidence, the Commission shall provide legal representation to support the Determination in the de novo review proceeding.

C. If the Commission concludes the Determination is not supported by substantial evidence, the Commission shall not provide legal representation to support the Determination in the de novo review proceeding.

D. The Commission shall notify the parties of its conclusion regarding the existence or nonexistence of substantial evidence to support the Director's Determination within twenty days from the date the respondent files a request for de novo review.

E. The Commission's conclusion regarding the existence or nonexistence of substantial evidence to support the Director's Determination is not subject to further agency or judicial review.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-15 Procedures For De novo Review

A. If, in accordance with the provisions of these rules, a de novo review proceeding is to be conducted by the Commission's Adjudication Division, the following standards apply:

1. The Division shall refer the matter to the Adjudication Division, which shall designate an Administrative Law Judge to serve as presiding officer;

2. The proceeding shall be conducted as a formal agency adjudicative proceeding pursuant to the relevant provisions of the Utah Administrative Procedures Act, Title 63G, Chapter 4;

3. Within 30 days from referral, the Administrative Law Judge shall schedule an evidentiary hearing to be held within 120 days of the referral, unless it is impracticable to do so;

4. Any aggrieved party may intervene in the action;

5. The Commission shall make final administrative disposition of the complaint within one year after the complaint is filed unless it is impracticable to do so. If the agency is unable to make a final administrative disposition within one year, the Commission shall notify the parties in writing of the reason for the delay.

B. If, in accordance with the provisions of these rules, a de novo review proceeding is to be conducted in court, the following standards apply:

1. If, pursuant to Rule R608-1-14, the Commission has concluded the Director's Determination is supported by substantial evidence, the Commission shall commence a court action to support the Determination. Such action shall be commenced within 30 days from the date of the election for court review.

2. If, pursuant to Rule R608-1-14, the Commission has concluded the Determination is not supported by substantial evidence, the Commission shall not commence a court action to support the Determination. In such case, the complainant may commence a civil action in a court of competent jurisdiction as provided by the Act.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-16 Declaratory Orders

A. Purpose. As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and orders governing or issued by the agency.

B. Petition Form and Filing.

1. The petition shall be addressed and delivered to the Director who shall mark the petition with the date of receipt.

2. The petition shall:

a. be clearly designated as a request for an agency Declaratory Order;

b. clearly identify the statute, rule, or order to be reviewed;

c. describe in detail the situation or circumstances in which applicability is to be reviewed;

d. describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

e. include an address and telephone number where the petitioner can be contacted during normal business hours;

f. declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

g. be signed by the petitioner.

C. Review.

1. the agency shall not review a petition for a Declaratory Order that is:

a. not within the jurisdiction and competency of the agency;

b. trivial, irrelevant, or immaterial; or

c. otherwise excluded by state or federal law.

2. The Director shall promptly review and consider the petition and may:

a. meet with the petitioner;

b. consult with counsel or the Attorney General; or

c. take any action consistent with law that the agency deems necessary to provide adequate review and due consideration of the petition.

3. The Director may issue a Declaratory Order pursuant to Section 63G-4-503(6).

D. Administrative Review.

1. Administrative review of the Director's Declaratory Order shall be conducted pursuant to Section 63G-4-302.

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

Utah Admin. Code R608-1-17 Assistance Animals

A. General

1. Pursuant to the Utah Fair Housing Act and the federal Fair Housing Act, this rule defines the circumstances in which an individual with a disability is entitled to an assistance animal as a reasonable accommodation in a dwelling that would otherwise restrict or prohibit the presence of an animal. The term "assistance animals" as used in this rule means animals that assist, support, or provide service to persons with disabilities and may include or otherwise be referred to as service animals, emotional support animals, assistive animals, or therapy animals.

2. The assistance animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program. This requires a demonstrable relationship between the individual's disability and the assistance the animal provides.

a. Housing providers are entitled to verify the existence of the individual's disability as well as the need for the assistance animal as an accommodation for that disability if either is not readily apparent. Accordingly, an individual proposing an assistance animal as a reasonable accommodation for a disability may be required to provide documentation form a physician, psychiatrist, or other qualified healthcare professional that the animal provides support that alleviates a symptom or effect of the disabil ity.

b. Housing providers need not permit an assistance animal as an accommodation to a person with a disability if the provider demonstrates that allowing the assistance animal would impose an undue financial or administrative burden or would fundamentally alter the nature of a housing facility, program or service.

c. Housing providers are not required to provide an accommodation that poses a direct threat to the health or safety of others. Thus, if a particular assistance animal has a history of dangerous behavior, if the animal is out of control and its handler does not take effective action to control it, the housing provider is not required to accept the assistance animal.

B. Relationship of this rule to other laws addressing service animals.

1. The federal Fair Housing Act, the Utah Fair Housing Act and this rule establish the standards for assistance animals as a reasonable accommodation in housing.

2. This rule does not apply to use of service animals in public areas, common carriers, public conveyances, public accommodations or places of amusement, which are governed by standards set forth in Utah Code Ann. Section 62A-5b-101 et seq., "Rights and Privileges of a Person with a Disability."

History

• KEY: housing, fair housing, discrimination, time
• Date of Last Change: November 21, 2011
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 57-21-1 et seq.; 63G-4-102 et seq.

R610 Antidiscrimination and Labor, Labor

R610-1 Minimum Wage, Clarify Tip Credit, and Enforcement

Utah Admin. Code R610-1-1 Authority

This rule is enacted under authority of Section 34-40-105.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-2 Definitions

The following definitions are in addition to the statutory definitions specified in Section 34-40-102.

A. "Division" means the Division of Antidiscrimination and Labor within the Labor Commission and includes the personnel within the Division responsible for enforcement.

B. "Hours employed" includes all time during which an employee is required to be working, to be on the employer's premises ready to work, to be on duty, to be at a prescribed work place, to attend a meeting or training, and for time utilized during established rest or break periods excluding meal periods of 30 minutes or more where the employee is relieved of all responsibilities.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-3 Coverage

A. All employers employing workers in the state of Utah, except those exempted by Section 34-40-104, shall pay the established minimum hourly wages of $5.85 an hour for all hours employed effective September 8, 2007; $6.55 an hour for all hours employed effective July 24, 2008; and $7.25 an hour for all hours employed effective July 24, 2009.

B. As per Sections 34-23-301 and 34-40-103, effective July 23, 2007, a minor employee shall be paid at least $4.25 per hour for the first 90 days of employment with an employer; and thereafter, minimum wage established in subsection A of this rule.

C. Any employer claiming exemption under Subsection 34-40-104(1)(k), shall provide to the Division a statistical report of the average wage paid within 60 days of the end of the regular operating season. The Division may, upon notice, perform an on-site inspection to verify the report in accordance with Sections 34-40-201 and 34-40-203.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-4 Tips and Commissions

A. An employer may credit the tips, sometimes referred to as gratuities, received by tipped employees (an example would be waiters and waitresses) against the employer's minimum wage obligation. The tips must be received by the employee, reported to the employer, and must reach a threshold of at least $30.00 per month before credit can be allowed.

B. An employer has a cash wage obligation of at least $2.13 per hour in meeting the required minimum wage. If an employee's tips combined with the employer's cash wage obligation of $2.13 per hour do not equal the minimum hourly wage requirement, the employer must increase its cash wage obligation to make up the difference.

C. A compulsory charge for service imposed on a customer by an employer's establishment, is not a tip. Such charges are part of the employer's gross receipts and within its discretion to allocate. Where service charges are imposed and the employee receives no tips, the employer must pay the entire minimum wage and overtime required by law.

D. All tips shall be retained by the employee receiving the tips. However, this requirement does not preclude tip pooling or sharing arrangements where an employer mandates that tips be pooled and divided or shared among those employees who customarily and regularly receive tips.

1. A bona fide tip pooling or sharing arrangement may include employees who customarily and regularly receive tips from customers directly or via a tip pooling or sharing arrangement.

2. Dishwashers, chefs, cooks, and janitors are not tipped employees and do not qualify for a tip credit nor are they eligible to participate in an employer mandated tip pooling or sharing arrangement.

E. Every employer using the tip credit must so inform the affected employee at the time of hire. Any tip pooling or sharing arrangement must be made in writing and provided to each affected employee at the time of hire or prior to implementation.

F. Where tips are charged on a credit card, and the employer must pay the credit card company a percentage of the bill for its use, the employer may reduce the amount of the credit card tips paid over to the employee by a percentage no greater than that charged by the credit card company.

G. In computing the minimum wage, tips and commissions must be counted in the payroll period in which the tip or commission is earned.

H. This section does not apply to tips or commissions as delineated in Section 34-40-104(1).

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-5 Enforcement of Minimum Wage

A. The Division may enforce compliance with the state minimum wage in the same manner as outlined in R610-3.

B. When more than one employee is affected by noncompliance of minimum wage requirements, the Division shall treat this alleged infraction of noncompliance as a class action.

C. The Division may commence agency action in accordance with Section 63G-4-201 to investigate and determine compliance or noncompliance.

D. If an employer is found in noncompliance with the state minimum wage requirements, that employer shall be subject to penalties under Section 34-40-204.

E. If the employees determine that a civil action to enforce compliance with state minimum wage is necessary, they may bring an action under Section 34-40-205.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-6 Filing Procedure and Commencement of Agency Action

For purposes of Section 63G-4-201, commencement of an adjudicative proceeding at the Division to resolve a complaint under minimum wage requirements is accomplished by the complainant filing a complaint form. The complaint form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Subsection 63G- 4-201 (2).

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-7 Investigation and Enforcement

If, upon investigation, the Division concludes that a violation of Sections 34-40-103, 34-40-104, 34-40-201, or 34-40-203 has occurred it may impose a penalty pursuant to Sections 34-40-202 and 34-40-204.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-1-8 Time

A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

B. In computing any period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing shall be allowed.

History

• KEY: wages, minors, labor, time
• Date of Last Change: June 13, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

R610-2 Employment of Minors

Utah Admin. Code R610-2-1 Authority

This rule is enacted under authority of Section 34-23-104.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-2 Definitions

A. "Commission" means the Labor Commission.

B. "Complainant" means any person making a claim, or a representative of a minor alleging a violation.

C. "Complaint" means a properly completed Complaint Form filed with the Division by a complainant or a representative of the complainant.

D. "Defendant" means any person or entity against whom a claim is made.

E. "Director" is the Director of the Division of Antidiscrimination and Labor. Director also means a designee denoted by the Commission to serve in the Director's absence.

F. "Division" means the Division of Antidiscrimination and Labor within the Commission and the personnel within the Division responsible for enforcement.

G. "Employer" includes every person, firm, partnership, association, limited liability company, corporation, receiver, or other officer of any of the above mentioned classes, employing any person in this state or who permits any person to perform work, labor, or services.

H. "Employer's immediate family" includes children, step children, brothers, and sisters living in the home of a sole proprietor or partnership, but may not apply to a corporation.

I. "Hazardous occupation" means any occupation defined as hazardous by the United States Department of Labor under 29 U.S.C. 201 et seq. of the Fair Labor Standards Act.

J. "Hearing Officer" means a presiding officer who is designated by the Commission to commence adjudicative proceedings, process claims and complaints, conduct investigations, hold hearings, assess penalties, issue subpoenas, and enter Orders.

K. "License" means a document issued by the Division to an employer employing minors in door-to-door sales.

L. "Nonprofit group" means a group recognized under Section 501(c) of the Internal Revenue Code as having nonprofit exempt status.

M. "Presiding Officer" includes those defined by Section 63G-4-103(1)(h)(I).

N. Additional definitions may be found in Section 34-23-103.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-3 Employment of Minors - General

A. Every employer must allow the opportunity for a meal period of not less than 30 minutes and not later than five hours after the beginning of a minor employee's workday. If, during the meal period, the employee cannot be completely relieved of all duties and permitted to leave the work station or area, the meal period must be paid as time worked.

B. At least a 10 minute paid rest period for each four hours, or fraction thereof, shall be provided for each minor employee; however, no minor employee shall be required to work over three consecutive hours without a 10 minute rest period.

C. In those unusual situations where the specific provisions of subsections A. or B. cannot be met, the Division may decide whether the general intent of the rules has been met to ensure attainment of reasonable safeguards for a minor's health, safety, and education.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-4 Employment of Minors Engaged in Door-to-Door Sales, License

A. The following shall apply for minors in the age range of 12 through 15 who work for income by engaging in sales of cookies, candies, magazines, merchandise coupons, and other similar products by door-to-door methods at locations including residential housing areas, shopping centers, and malls:

1. An employer-employee relationship is determined to exist if minors are paid by time, piece, carton, quantity, task, bonus, or any other basis of calculation;

a. employees shall be paid at least the Utah minimum wage in effect at the time the work is performed and shall include all time from the time of pickup to the time the minor is returned to the minor's home, except for that time utilized as a meal period as specified in R610-2-3.A.;

b. minors engaged in door-to-door sales of goods, products, or services are not independent contractors or outside sales personnel for purposes of payment of minimum wage;

2. Minors cannot be transported further than 30 miles from where they reside;

3. Minors so engaged must work in pairs, as a team, on the same or opposite side of the street while selling in residential housing areas;

4. Minors so engaged must be supervised by an adult supervisor for each crew of ten or fewer minors;

5. Minors must be within the sight or sound of the adult supervisor at least once every hour while selling in residential housing areas;

6. Minors must be returned to their respective homes daily after each day's work by 9:30 p.m.;

7. Minors must be allowed an opportunity to use rest room facilities at least once every three hours;

8. Minors must be allowed to partake of food and drink if they work more than three consecutive hours. This benefit cannot be utilized by the employer to coerce minors into making a set number of sales;

9. The driver of the vehicle that transports minor workers must be licensed by the state to transport minors;

10. Businesses must be licensed in accordance with the respective city or county ordinances in which they are employed;

11. Five days prior to conducting business in Utah, every employer employing minors who operates a door-to-door sales business must obtain a license from the Division. A written application for a license shall be filed with the Division and shall include:

a. the company or business name, address, and telephone number;

b. the name, address, and telephone number of the owner, each partner from applicant partnerships, each member of applicant limited liability companies, or the principals, officers, and directors of applicant corporations;

c. the business or occupation engaged in by the owner, partners, members, principals, officers, and directors for at least two years immediately preceding the filing of the application;

d. the name and address of any supplier of any item to be sold by minors for the door-to-door sales operation;

e. the identity of any out of state affiliation, and the name, address, and telephone number of local contact person;

f. certified results of a criminal history background check by the Utah Bureau of Criminal Identification for the owner, each partner from applicant partnerships, each member of applicant limited liability companies, the principals, officers, and directors of applicant corporations, and of all supervisors and van drivers who have contact with the minor employees; the criminal history background check must be current for the year the license is sought;

g. a recent photograph of the owner, each partner from applicant partnerships, each member of applicant limited liability companies, or the principals, officers, and directors of applicant corporations; and

h. two separate letters of recommendation attesting to the reliability and responsibility of each owner, partner, member, principal, officer, director, supervisor, and van driver. These letters must be written and signed by persons who are residents of the state of Utah and who have known the owner, partner, member, principal, officer, director, supervisor, or van driver at least one year.

12. For each supervisor or van driver hired subsequent to submission of application for license the business operator shall submit to the Division the certified results of a criminal history background check as delineated in Subsection R610-2-4.A.11.f. and letters of recommendation as delineated in Subsection R610-2-4.A.11.h. prior to contact with any minor employee by the supervisor or van driver.

13. Before a license shall be issued pursuant to this rule, the applicant shall deposit with the Commission a bond in the penal sum of $10,000 with two or more sureties. The bond shall be made payable to the Labor Commission and shall be conditioned that the applicant, supervisor, and van driver will comply with the provisions of Title 34, Chapters 23, 28, and 40, and with the provisions of R610-1, R610-2, and R610-3, and shall pay all penalties or damages occasioned by any violation of these provisions in carrying on the business for which the license is issued.

14. The Division may deny or revoke a license when:

a. an applicant, supervisor, or van driver has been adjudged guilty of a violation of any criminal act, other than a minor traffic violation, in any state; or

b. an applicant has been determined by any state or federal agency to be in violation of any labor law within the past five years; or

c. any information provided as a part of the application process is false or misleading; or

d. any applicant fails to complete the licensing process and fails to provide the information requested; or

e. any business operator fails to submit to the Division the name and address of any van driver or supervisor hired along with the results of a criminal history background check as delineated in Subsection R610-2-4.A.11.f. or letters of recommendation as delineated in Subsection R610-2-4.A.11.h. at the time of hiring the van driver or supervisor; or

f. any business operator fails to comply with the provisions of Utah labor law or Labor Rules 610-1, 610-2, or 610-3.

15. Each license issued pursuant to this rule shall expire on December 31 of the year issued.

16. Annually, a completed application for renewal of license form must be completed and submitted to the Division along with all requested documents prior to December 31.

17. A door-to-door sales business shall not publish, print, or otherwise represent that the Commission has approved of any product or service offered by the door-to-door sales business.

B. Any school sponsored group, scout group, or fund raising group selling for the benefit of its organization must provide group members with an identification card, signed by an official of the organization with the organization's official telephone number affixed for verification purposes. Subsections R610-2-4.A.3. through R610-2-4.A.10. shall apply to these groups and the minor participants.

C. Nothing contained in Subsections R610-2-4.A. and R610-2-4.B. shall apply to nonprofit groups where the individual selling for the group is a true volunteer and there is no intention, understanding, expectation, agreement, or representation that the individual selling for the nonprofit group will receive any individual compensation or reimbursement for the sale.

D. Nothing in Subsections R610-2-4.A. and R610-2-4.B. shall prohibit or abridge the right of a minor to deliver, sell, or solicit subscriptions for newspapers or other regularly printed material door-to-door when the minor is a news carrier of the newspaper or other regularly printed material and delivers them to an established readership for consideration.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-5 Written Authorization

Minors seeking employment in occupations where authorization is required by the Commission as set forth in Sections 34- 23-201 and 34-23-207(4), shall file a written request for authorization. Requests for authorization shall be made in writing and provide the name of the minor, his or her address, telephone number, date of birth, the name and address of the parent or guardian approving of the employment, and specify any related training completed or in progress. The name of the prospective employer, the address and telephone number, the name and title of the employer's representative, the type of business, the specific duties of the minor, and the specific equipment or machinery the minor would be allowed to operate or repair shall also be provided in sufficient detail to allow a decision regarding the request for authorization. The Division shall review all requests for authorization and may issue authorization signed by the Division Director where appropriate, but shall in such cases determine and establish the hours and conditions of labor and employment for such authorization.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-6 Filing Procedure and Commencement of Agency Action

For purposes of Section 63G-4-201, commencement of an adjudicative proceeding at the Division to resolve an alleged violation of Utah statutes or rules regarding employment of minors is accomplished by the filing of a complaint or by a notice of agency action filed by the Division at its discretion.

A. The alleged violation shall be filed in writing by the complainant or an authorized representative of the complainant on a form provided by the Division. The complaint form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Subsection 63G-4-201(2). The complaint shall include the complainant's name and address, the defendant's name and address, a brief and concise statement of the complaint or allegation, and the complainant's or his authorized representative's signature.

1. Upon receipt of a complaint, the Division shall enter its receipt and assign a complaint number.

2. The Division may telephone the Defendant and attempt to resolve the complaint.

3. When a rapid resolution is not effected, the Division shall mail a copy of the complaint and a blank answer form together with an accompanying agency cover letter.

4. The Defendant shall have ten working days from the date of the letter to submit an answer to such complaint.

5. The Defendant's answer shall be mailed to the Complainant who may submit an answer within ten working days.

6. Upon receiving a third complaint against an employer within a 12 month period, the Division shall invoke the penalty provision pursuant to Section 34-23-402, and notify the Defendant of the penalty at the time of notice under Subsection A.3.

B. The Division may at its discretion bring an agency action to determine any violation of any statute or rule pertaining to employment of minors, or any appropriate penalties, wages, or other enforcement relief. Commencement of an adjudicative proceeding is accomplished by a notice of agency action filed by the Division.

C. An adjudicative proceeding initiated pursuant to Subsection A. or B. is designated as an informal adjudicative proceeding and shall be conducted informally.

D. An informal adjudicative proceeding may be converted to a formal adjudicative proceeding pursuant to Subsection 63G- 4-202(3).

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-7 Default

The presiding officer may enter an order of default against a party pursuant to Section 63G-4-209.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-8 Investigation

For the purpose of determining the validity or invalidity of the filed complaint, the Division pursuant to Section 34-23-401, may:

A. Interview and obtain additional statements from either party;

B. Attempt to obtain from the Defendant an answer and statement where the Defendant has failed to submit an answer to the complaint;

C. Examine, copy, inspect, and summarize any relevant records or documents held by the parties or other persons;

D. Obtain written statements of third persons relevant to the complaint;

E. Contact and receive relevant information from other government agencies or officials; or

F. Make any and all relevant inquiries necessary in making a preliminary decision.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-9 Preliminary Findings

A. At the conclusion of the investigation or upon the Defendant's failure to respond to the allegations of the complaint, the Division may issue a Preliminary Finding.

B. Preliminary Findings shall set forth the issue or issues of the complaint and state the findings based on the information contained in the file. When:

1. The complaint has been determined to be valid the Preliminary Finding shall contain a brief statement of the reason thereof, the statute(s) or rule(s) violated, and specify the remedy which must be complied with within ten working days from the date of the document.

2. The complaint has been determined to be invalid the Preliminary Finding shall contain a brief statement of the reason thereof and contain notice that the complaint is being dismissed.

C. Preliminary Findings shall be mailed to the parties and any attorney of record.

D. Any party may submit a request for review or request an informal hearing; such request must be made in writing and received by the Division within ten working days of the date of the Preliminary Finding and shall state the reason for the request and include any available evidence to support their position.

E. Failure to request a review or request an informal hearing within the time prescribed in Subsection D precludes any such review or hearing.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-10 Order To Cease And Desist and Penalty

A. A hearing officer may issue an Order To Cease And Desist the act of violation and may include an order of penalty based on the Preliminary Finding issued by the Division.

B. An Order To Cease And Desist the act of violation and an Order Of Penalty may be issued following an investigation and bypassing a Preliminary Finding where:

1. The act of violation is of such magnitude as to clearly exceed the standard of reasonable safeguards for a minor's health, safety, and education pursuant to Section 34-23-101.

2. The employer admits the violation has occurred or is occurring.

3. The employer failed to respond to the allegations of the complaint within the time specified or to participate in the investigation, or when the Division deems appropriate.

C. Attorney fees, in addition to the Order To Cease And Desist and a penalty, if any, shall be allowed in accordance with Section 34-28-13.

D. After issuance of the Order To Cease And Desist, the only agency review available is that specified in Section R610-2- 12.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-11 Hearings

A. Pursuant to Subsection 63G-4-202(1), the Division may resolve the complaint for violation filed pursuant to Subsection R610-2-6.A., or an agency action commenced pursuant to Subsection R610-2-6.B. by holding an informal hearing subject to the provisions of Section 63G-4-203.

B. Where the Division deems appropriate, or upon a timely request of either party, an informal hearing may be scheduled.

C. Notice of hearing shall be mailed to the parties involved in the complaint advising them of the time, date, and place of the hearing. Notice of hearing shall be mailed to the last known address on the Commission's record and shall constitute proper notice.

D. Any request for continuance or change in the scheduled hearing date or time must be made to the Division at least seven working days prior to the scheduled date and shall state the reason for the request. The hearing officer may grant or deny the request.

E. The hearing officer may at his or her option record any hearing or accept testimony under oath.

F. The parties shall submit all relevant evidence, not previously submitted to the Division, at the hearing.

G. The hearing officer may request additional evidence of either party and set time limits for its submission, prior to the close of the hearing.

H. A signed Order issued by the hearing officer shall be pursuant to Section 63G-4-203, and shall be promptly mailed to each of the parties. Attorney fees in addition to the Order and penalty, if any, may be allowed in all Orders. The Order issued may be:

1. An Order To Cease And Desist any act of violation and may include a penalty pursuant to Section 34-23-401.

2. An Order specifying appropriate penalties, wages or other enforcement relief.

3. An Order For Dismissal terminating proceedings on the complaint or agency action by the Division.

I. After issuance of the hearing officer's Order, the only agency review available is that specified in Section R610-2-12.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-12 Agency Review

A. After issuance of an Order To Cease And Desist or of a hearing officer's Order, the only agency review available to any party is a request for reconsideration as specified in Section 63G-4-302.

B. Reconsideration shall be based on the contents of the file. No new evidence will be accepted.

C. The Division Director is the reviewer for the purpose of reviewing all matters where a request for reconsideration was properly filed and shall do so pursuant to Section 63G-4-302(3).

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-13 Judicial Review

Judicial review of an Order To Cease And Desist or of a hearing officer's Order are pursuant to Section 63G-4-402.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-14 Declaratory Orders

As required by Section 63G-4-503, this rule provides the procedure for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and Orders governing or issued by the agency.

A. Petition form and filing.

1. The petition shall be addressed and delivered to the Director, who shall mark the petition with the date of receipt.

2. The petition shall:

a. be clearly designated as a request for an agency Declaratory Order;

b. identify the statute, rule, or Order to be reviewed;

c. describe in detail the situation or circumstance in which applicability is to be reviewed;

d. describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

e. include an address and telephone number where the petitioner can be contacted during the regular work days;

f. declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

g. be signed by the petitioner.

B. Reviewability.

1. The agency shall not review a petition for Declaratory Orders that is: a. not within the jurisdiction and competence of the agency;

b. trivial, irrelevant, or immaterial; or

c. otherwise excluded by state or federal law.

C. Petition review and disposition.

1. The Director shall promptly review and consider the petition and may:

a. meet with the petitioner;

b. consult with counsel or the Attorney General; or

c. take any action consistent with the law that the agency deems necessary to provide the petition adequate review and due consideration.

2. The Director may issue an Order pursuant to Subsection 63G-4-503(6).

D. Administrative review of the Declaratory Order is per Section 63G-4-302, only.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-15 Enforcement

A. Abstracts and docketing of Orders.

1. An abstract of the final Order shall be docketed by the Commission in the office of the clerk of the district court of any county in the state. Time of receipt of the abstract must be noted thereon and entered in the judgment docket.

2. The docketing of such Order shall constitute a lien against the real property of the defendant situated in the county for a period of eight years.

B. Execution may be issued on the lien within the same time and in the same manner and with the same effect as if the Order were a judgment of the district court.

C. Appeals and judgment enforcement and fees.

1. A copy of each Order or final agency action not complied with after 30 days of its issuance and all notices of appeal of any Order or final agency action may be sent to the office of the appropriate County Attorney, or to counsel employed or appointed by the Commission, to represent the Commission on all appeals and to enforce judgments.

2. Counsel employed or appointed by the Commission or the County Attorney for the county in which the defendant resides or conducts business shall represent the Commission on all appeals and shall enforce judgments.

3. Reasonable attorney's fees and costs on de novo appeals where the Commission prevails and for judgment enforcing procedures shall be awarded the Commission, the appointed counsel, or the county.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-16 Mailing

The Division shall send all mailings to the parties and attorneys of record by regular first class mail to the last known address in the Division's records.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-2-17 Time

A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

B. In computing any period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing shall be allowed.

History

• KEY: wages, minors, labor, time
• Date of Last Change: March 24, 2008
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

R610-3 Filing, Investigation, and Resolution of Wage Claims

Utah Admin. Code R610-3-1 Authority

This rule is enacted under the authority of Sections 34-23-104, 34-28-9, 34-28-19 and 34-40-105.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-2 Definitions

The following definitions are in addition to the statutory definitions specified in Sections 34-23-103, 34-28-2, and 34-40-102.

A. "Claim" means a properly completed Wage Claim Assignment Form, filed with the Division by a wage claimant.

B. "Claimant" means a person making a claim, as stated in subsection A.

C. "Commission" means the Labor Commission.

D. "Defendant" means a person against whom a claim is made.

E. "Director" is the Director of the Division of Antidiscrimination and Labor. Director also means a designee denoted by the Commission to serve in the Director's absence.

F. "Division" means the Division of Antidiscrimination and Labor within the Labor Commission and the personnel responsible for receiving, investigating and resolving claims.

G. "Hearing Officer" means a presiding officer who is designated by the Commission to commence adjudicative proceedings, process claims and complaints, conduct investigations, hold hearings, assess penalties, issue subpoenas, and enter Orders.

H. "Hours employed" includes all time during which an employee is required to be working, to be on the employer's premises ready to work, to be on duty, to be at a prescribed work place, to attend a meeting or training, and for time utilized during established rest or break periods excluding meal periods of 30 minutes or more where the employee is relieved of all responsibilities.

I. "Mail" or "Mailed" means first class mailing sent to the parties of a wage claim or claim of retaliation, to the last known address on the Commission's record.

J. "Presiding Officer" includes those defended by Section 63G-4-103(1)(h)(i).

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-3 Exceptions

Public, general agricultural, household domestic, and certain other employments are excepted from the provisions of these rules pursuant to Section 34-28-1.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-4 Filing Procedure and Commencement of Agency Action

A. For purposes of Section 63G-4-201, commencement of an adjudicative proceeding at the Division to resolve a claim for wages is accomplished by the wage claimant filing a wage claim assignment form. The wage claim assignment form shall act as a request for agency action and the form and accompanying agency cover letter shall together include all information specified in Section 63G-4-201(2).

B. An employee who is denied full payment of wages due or is affected or aggrieved by a violation of a statutory provision may file a claim with the Division on a form provided by the Division for that purpose.

1. Besides amounts due an employee for labor or services on a time, task, piece, commission, or other reasonable method of calculating the amount, wages also includes the following items, if due under an agreement with the employer or under a policy of the employer:

a. vacation;

b. holiday;

c. sick leave;

d. paid time off; and

e. severance payments and bonuses.

C. The claim shall include the Claimant's name and address, the Defendant's name and address, a brief and concise statement of the claims, complaints, or allegations, the amount of money which is alleged to be due the Claimant and the Claimant's signature or the signature of the Claimant's authorized representative.

D. Upon receipt of a claim, the Division shall enter its receipt and assign a claim number.

E. The Division may telephone the Defendant and attempt to resolve the claim.

F. When a rapid resolution is not effected, the Division shall mail to the Defendant a copy of the claim and a blank answer form together with an accompanying agency cover letter.

G. The Defendant shall have ten working days from the date of the letter to submit an answer to the claim.

H. Where the Defendant concedes the validity of the claim, the Defendant may pay or otherwise satisfy the claim within ten working days from the date of the letter without being subject to a penalty, under Section 34-28-9(2).

1. As an exception to Subsection H, defendants that are repeat offenders by having more than two wage claims filed against them within a running year, which claims are determined by the Division to be valid and to not have resulted from the same facts or circumstances, shall be subject to a penalty in accordance with Section 34-28-9(2).

I. The Division shall by mail provide a copy of the defendant's answer to the claimant. The claimant shall have ten working days from the date of the letter to submit a rebuttal, if any.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-5 Investigation

For the purpose of determining the validity or invalidity of the filed claim, the Division pursuant to Sections 34-28-9 and 34- 28-10, may:

A. Interview and obtain additional statements from either party;

B. Attempt to obtain from the Defendant an answer and statement where the Defendant has failed to submit an answer to the claim;

C. Examine, copy, inspect, and summarize relevant records or documents held by the parties or other persons;

D. Obtain written statements of third persons relevant to the claim;

E. Contact and receive relevant information from other government agencies or officials; or

F. Make relevant inquiries necessary in making a preliminary decision.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-6 Preliminary Findings

A. At the conclusion of the investigation or upon the Defendant's failure to respond to the allegations of the claim, the Division may issue a Preliminary Finding.

B. Preliminary Findings shall set forth the issue or issues of the claim and state the findings based on the information contained in the wage claim file.

1. If the claim has been determined to be valid the Preliminary Finding shall contain a brief statement of the reason thereof, the statute(s) or rule(s) violated, and specify the remedy which shall be complied with within ten working days from the date of the document.

2. If the claim has been determined to be invalid the Preliminary Finding shall contain a brief statement of the reason thereof and contain notice that the claim is being dismissed.

C. Preliminary Findings shall be mailed to the parties and any attorney of record.

D. A party may submit a request for review or request an informal hearing. This request shall be made in writing and received by the Division within ten working days of the date of the Preliminary Finding and shall state the reason for the request and include any available evidence to support their position.

E. Failure to request a review or request an informal hearing within the time prescribed in Subsection D. precludes a review or hearing.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-7 Default Order

A. A hearing officer may issue an Order On Default And Order To Pay based on the Preliminary Finding issued by the Division.

B. An Order On Default And Order To Pay may be issued following an investigation and bypassing a Preliminary Finding if any of the following occur:

1. The Claimant is issued a non-negotiable check in the payment of wages in violation of Section 34-28-3(2).

2. The Defendant admits the validity of the claim.

3. The Defendant failed to respond to the allegations of the claim within the time specified or to participate in the investigation, or when the Division deems appropriate.

C. The penalty provided for by Section 34-28-9(2) may be awarded in addition to the award for wages.

D. After issuance of the Order On Default And Order To Pay, the only agency review available is that specified in R610-3- 11.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-8 Agreements and Settlements

A. No provision of Title 34, Chapter 28, can be contravened by a mutual agreement between an employee and employer unless the agreement is approved by the Division.

B. Notice of settlement conference shall be mailed to the parties involved in the wage claim advising them of the time, date, and place of the conference. A continuance shall only be granted for good cause, at the option of the hearing officer.

C. In the event of settlement the parties shall sign a settlement agreement stating the terms of the settlement, and shall include:

1. A stipulation that in the event of breach of the agreement the Division may enter an Order enforcing the settlement agreement; and

2. Approval of the settlement agreement by a representative designated by the Division.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-9 Hearings

A. Pursuant to Section 63G-4-202(1), the Division may resolve the claim for wages filed pursuant to R610-3-4 by holding an informal hearing subject to the provisions of Section 63-46b-5. This hearing may be converted to a formal hearing pursuant to Section 63G-4-202(3).

B. Where the Division deems appropriate or upon a timely request of either party, an informal hearing may be scheduled.

C. Notice of hearing shall be mailed to the parties involved in the wage claim advising them of the time, date, and place of the hearing and shall specify if the hearing is an informal or a formal proceeding. Notice of hearing shall be mailed and shall constitute proper notice.

D. A continuance shall only be granted for good cause at the option of the hearing officer.

E. The hearing officer may at his or her option record a hearing or accept testimony under oath.

F. The parties shall submit all relevant evidence, not previously submitted to the Division, at the hearing.

G. The hearing officer may request additional evidence of either party and set time limits for its submission, prior to the close of the hearing.

H. A signed Order issued by the hearing officer shall be pursuant to Section 63G-4-203, and shall be promptly mailed to each of the parties. The Order issued may be:

1. An Order awarding payment to the Claimant and may include a penalty pursuant to Section 34-28-9(2), in addition to the wages determined due.

2. An Order For Dismissal terminating proceedings on the wage claim by the Division.

I. After issuance of the hearing officer's Order, the only agency review available is that specified in R610-3-11.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-10 Attorney Fees

A. Pursuant to Section 34-28-9(4)(b), attorney fees and costs shall be allowed to counsel employed by the commission, the attorney general or the county representing the commission in appeals when the plaintiff prevails and in judgment enforcement proceedings. Attorney fees shall be allowed in the amount of $500 or one-third of the award, whichever is greater.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-11 Agency Review

A. After issuance of an Order On Default And Order To Pay or of a hearing officer's Order, the only agency review available to a party is a request for reconsideration as specified in Section 63G-4-302.

B. Reconsideration shall be based on the contents of the file. No new evidence shall be accepted.

C. The Division Director is the reviewer for the purpose of reviewing all matters where a request for reconsideration was properly filed and shall do so pursuant to Section 63G-4-302(3).

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-12 Judicial Review

Judicial review of a wage claim Order is pursuant to Section 63G-4-402.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-13 Declaratory Orders

As required by Section 63G-4-503, this rule provides the procedure for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and Orders governing or issued by the agency.

A. Petition form and filing.

1. The petition shall be addressed and delivered to the Director, who shall mark the petition with the date of receipt.

2. The petition shall:

a. be clearly designated as a request for an agency Declaratory Order;

b. identify the statute, rule, or Order to be reviewed;

c. describe in detail the situation or circumstance in which applicability is to be reviewed;

d. describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

e. include an address and telephone number where the petitioner can be contacted during the regular work days;

f. declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

g. be signed by the petitioner.

B. Reviewability.

1. The agency shall not review a petition for Declaratory Orders that is:

a. not within the jurisdiction and competence of the agency;

b. trivial, irrelevant, or immaterial; or

c. otherwise excluded by state or federal law.

C. Petition review and disposition.

1. The Director shall promptly review and consider the petition and may:

a. meet with the petitioner;

b. consult with counsel or the Attorney General; or

c. take action consistent with the law that the agency deems necessary to provide the petition adequate review and due consideration.

2. The Director may issue an Order pursuant to Section 63G-4-503(6).

D. Administrative review of the Declaratory Order is per Section 63G-4-302, only.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-14 Enforcement

A. Docketing of Order or final agency action as a lien.

1. An abstract of the final Order shall be docketed by the Division in the office of the clerk of the district court of any county in the state. Time of receipt of the abstract shall be noted thereon and entered in the judgment docket pursuant to Section 34-28-9(3)(a), (b), and (c).

2. The docketing of an Order shall constitute a lien against the real property of the defendant situated in the county for a period of eight years.

B. Execution may be issued on the lien within the same time and in the same manner and with the same effect as if the Order were a judgment of the district court.

C. Appeals and judgment enforcement and fees.

1. A copy of each Order or final agency action not complied with after 30 days of its issuance and all notices of appeal of an Order or final agency action may be sent to the office of the appropriate County Attorney, or to counsel employed or appointed by the Commission, to represent the Commission on all appeals and to enforce judgments.

2. Counsel employed or appointed by the Commission or the County Attorney for the county in which the plaintiff or the defendant resides, depending on the district in which the final Order is docketed, shall represent the Commission on all appeals and shall enforce judgments.

3. Reasonable attorney's fees and costs on de novo appeals where the Commission prevails and for judgment enforcing procedures shall be awarded the Commission, the appointed counsel, or the county.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-15 Time

A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

B. In computing a period of time prescribed or allowed by these rules or by applicable statute:

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day;

3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation;

4. No additional time for mailing shall be allowed.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-16 Retaliation

A. Section 34-28-19 prohibits an employer from retaliating against employees. Claims of unlawful retaliation shall be resolved as follows:

1. An employee alleging retaliatory action by his employer may file a complaint with the Division. The Division shall mail a copy of the complaint to the employer and allow ten working days for the employer to submit a written response to the complaint. Additionally, the Division may attempt to resolve the complaint by informal means.

2. After the time allowed for response and if informal resolution has been unsuccessful, the Division shall conduct a hearing to determine whether the employer has violated Section 34-28-19 by retaliating against the employee. The Division's determination shall be mailed to each party.

a. If the Division determines that no retaliation has occurred, it shall dismiss the employee's complaint.

b. If the Division determines retaliation has occurred, it shall order the employer to end the retaliatory action and reimburse the employee for lost wages and benefits.

B. Right of Appeal:

1. The only agency review available to any party is a request for reconsideration as specified in Section 63G-4-302.

2. Reconsideration shall be based on the contents of the file and submitted within 20 days of the date of the issued order. No new evidence will be accepted.

3. The Division Director is the reviewer for the purpose of reviewing all matters where a request for reconsideration was properly filed and shall do so pursuant to Section 63G-4-302 (3).

4. Judicial review of the order may be pursued as specified in Section 63G-4-402.

C. The Division may enforce any final order as provided in Section 34-28-9(3) and (4).

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-17 Bankruptcy

In the event the defendant files a petition with the U.S. Bankruptcy Court, the Division shall suspend its administrative action until the bankruptcy case is concluded or dismissed.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-18 Deductions and Offsets

The following sums shall constitute lawful deductions or offsets from wages due an employee:

A. Sums deducted from wages pursuant to the Internal Revenue Code or other Federal tax provision;

B. Sums deducted from wages pursuant to the Social Security Administration Act and Federal Insurance Contribution Act;

C. Sums deducted from wages pursuant to any Utah city, county, or state tax;

D. Sums deducted from wages as dues, contributions, or other fees to a labor, employee, professional, or other employer- related organization or association; and sums as contributions for an employee's participation or eligibility in a health, welfare, insurance, retirement, or other benefit plan or program, provided that the:

1. Employee has granted written authorization for the deductions; and

2. Deductions shall terminate upon the written revocation of the authorization;

E. Sums deducted from wages as payments, repayments, contributions, deposits, to a credit union, banking, savings, loan, trust or other financial institution, provided that the:

1. Employee has granted written authorization for the deductions; and

2. Deductions shall terminate upon the written revocation of the authorization;

F. Sums deducted from wages as payment for the purchase of goods or services by the employee from the employer, provided that the:

1. Employee has actual or constructive possession of the goods or services purchased; and

2. Employee's purchase is evidenced by the employee's written acknowledgment;

G. Sums deducted from wages for damages suffered by the employer due to the employee's negligence:

1. A potential deduction shall meet the following pre-conditions:

a. negligence and damages arise out of the course of employment;

b. employer has not received payments, compensation, or any form of restitution for the same monetary loss from an insurer, assurer, surety, or guarantor to cover the injuries, losses, or damages;

c. offset is reasonably related to the amount of the damage; and

d. damage is over and above wear and tear reasonably expected in the normal course of business.

2. Methods of determining an employee's negligence and amount of damage are:

a. by a judicial proceeding;

b. by an employer's written and published procedures coupled with an employee's express authorization for the deduction in writing; or

c. by any other provision allowed or required by law pursuant to Section 34-28-3(5).

H. Sums deducted from wages, in the proper amounts, for enforcement of a valid attachment or garnishment shall be honored by the Division;

I. Sums deducted from wages as repayment to the employer by the employee of advances or loans made to the employee by the employer, provided that the:

1. Advance or loan to the employee occurred while the employee was in the employ of the employer; and

2. Employee's receipt of the advance or loan is evidenced by the employee's written acknowledgment;

J. Sums deducted from wages as a result of loss or damage occurring from the criminal conduct of the employee against the property of the employer, provided that:

1. The employee has been adjudged guilty by a judicial proceeding of the specified crime committed against the property of the employer;

2. The crime occurred during the employment relationship or out of the employment relationship; and

3. The property of the employer cannot or has not been reunited with the employer; or

4. The employee willfully and through his own admission did in fact destroy company property. An offset against the earned wages may be allowed at the hearing officer's discretion.

K. Sums deducted from the wages resulting from cash shortages, provided that the:

1. Employee gives written acknowledgment upon beginning employment that he or she shall be responsible for shortages;

2. Employee shall at the beginning of his or her work period be checked in or verified on the register or with the cash amount by the employer in the employee's presence and give written acknowledgment of the verification;

3. Employee at the end of the work period be checked out or verified on the register or with the cash amount by the employer in the employee's presence and give written acknowledgment of the verification; and

4. Employee be the sole and absolute user and have sole access to the register or cash amount from the time checked in under Subsection (2) until the time checked out under Subsection (3);

L. Sums deducted from wages as payment for the purchase of goods, tools, equipment, or other items required for the employment of a person, provided that the:

1. Employee's purchase and receipt of the items is evidenced by a written acknowledgment;

2. Employee has actual or constructive possession of the goods or items; and

3. Employer repurchase the items from the employee at the employee's option upon the termination of employment at a fair and reasonable price;

M. Sums deducted from wages as payment for goods, tools, equipment, or other items furnished and assigned to the employee by the employer, provided that:

1. The item was assigned during the employment of the employee;

2. The employee gave written acknowledgment of the receipt of the item; and

3. The item was not returned to the employer upon termination.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-19 Timely and Unconditional Payment of Wages

A. In case of a dispute over wages, the employer shall give written notice to the employee, of the amount of wages which he concedes to be due and shall pay that amount without condition within the time required by statute;

B. Acceptance by the employee of a payment made hereunder shall not constitute a release or waiver as to the balance of a claim for wages;

C. The employer shall not be entitled or permitted to deduct any sums where the employer has failed to make payment of wages within the time period required by statute.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-20 Check Stubs

All lawful offsets enumerated in this rule shall be itemized on a statement or a detachable check stub and provided to the employee as required by Section 34-28-3(4).

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

Utah Admin. Code R610-3-22 Payment of Wages Via Pay Cards

A pay card is a stored value card that can be used at an ATM-type machine to access wages that are credited to the card. An employer may use a pay card to pay an employee's wages if the following conditions are met:

A. With one use, the employee shall be able to withdraw the full amount of earned wages without incurring a fee. "One use" means a single transaction.

B. The full amount of wages for a pay period shall be available for the employee via the pay card on the applicable payday.

C. On each payday, the employer shall provide the employee a statement of deductions from the employee's gross wages for the subject pay period. This statement shall be provided:

1. in writing, or

2. electronically, provided that the employee must be able to easily and immediately access the information and print a paper copy of the same, without cost.

History

• KEY: wages, minors, labor, time
• Date of Last Change: April 16, 2012
• Notice of Continuation: January 8, 2026
• Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.

R612 Industrial Accidents

R612-100 Workers' Compensation Rules - General Provisions

Utah Admin. Code R612-100-1 Authority

These rules are enacted pursuant to the following statutory authority:

A. Section 34A-1-104 of the Utah Labor Commission Act;

B. Section 34A-2-103, 34A-2-201.3, 34A-2-407 and 34A-2-412 of the Utah Workers' Compensation Act;

C. Section 34A-2-1001 et seq. of the Workers'; Compensation Coverage Waiver Act;

D. Section 59-9-101 of the Taxation of Admitted Insurers Act;

E. Section 63G-4-202(1) of the Utah Administrative Procedures Act; and

F. Section 78B-8-404 of Chapter 8, Title 78B, Utah Code Annotated.

History

• KEY: workers' compensation, administrative procedures
• Date of Last Change: January 1, 2021
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.

Utah Admin. Code R612-100-2 Definitions

A. "Administrative Law Judge" or "ALJ" means a person designated by the Commission to hear and decide disputed cases.

B. "Claimant" means an injured employee, dependent(s)of an injured employee, medical providers, or any other person seeking relief or claiming benefits under the Utah Workers' Compensation Act or Utah Occupational Disease Act.

C. "Award" means a determination of the Commission, Appeals Board or Administrative Law Judge of the benefits due a claimant.

D. "Benefits" includes any payment, entitlement, or other relief provided under the Utah Workers' Compensation Act or Utah Occupational Disease Act.

E. "Commission" means the Utah Labor Commission.

F. "Defendant" means an employer, insurance carrier, Employers' Reinsurance Fund, Uninsured Employers' Fund or other person or entity against whom a claim for benefits is made.

G. "Division" means the Division of Industrial Accidents within the Commission.

H. "Disabled Injured Worker" means an injured worker who:

1. because of the injury or disease that is the basis for the employee being an injured worker:

a. is or will be unable to return to work in the injured worker's usual and customary occupation; or

b. is unable to perform work for which the injured worker has previous training and experience; and

2. reasonably can be expected to attain gainful employment after an evaluation provided for in accordance with Section 34A- 2-413.5.

I. "Employer" is defined in Section 34A-2-103 of the Utah Workers Compensation Act and includes self-insured employers and uninsured employers.

J. "First Aid" is medical care that is:

1. administered on-site or at an employer-sponsored free clinic; and

2. limited to the following:

a. non-prescription medications at non-prescription strength:

b. tetanus immunizations;

c. cleaning and applying bandages to skin surface wounds;

d. hot or cold packs, contrast baths and paraffin;

e. non-rigid support, such as elastic bandages, wraps, and back belts;

f. temporary immobilization devices for transporting an accident victim, such as splints, slings, neck collars, or back boards;

g. drilling a fingernail or toenail to relieve pressure, or draining fluids from blisters;

h. eye patches or use of simple irrigation or a cotton swab to remove foreign bodies not embedded in or adhering to an eye;

i. use of irrigation, tweezers, or cotton swab to remove splinters or foreign material;

j. finger guards;

k. massages;

l. drinking fluids to relieve heat stress.

3. "First aid" is limited to initial treatment and one follow-up visit within a seven-day period after the initial treatment, except that if first aid treatment was provided by a licensed health professional in an employer-sponsored free clinic, first aid includes initial treatment and two follow-up visits within a fourteen-day period after the initial treatment.

4. "First aid" does not include any treatment of a work injury that results in:

a. loss of consciousness;

b. loss of work;

c. restriction of work;

d. transfer to another job.

K. "Injury" includes work-related accidental injury and occupational disease.

L. "Insurance Carrier" includes any worker's compensation insurance carriers, self-insured employer and self-insured employer's adjusting company, unless otherwise specified.

M. "Payor" means any insurance carrier, self-insured employer, or uninsured employer that is liable for any benefit or other relief under the Utah Workers' Compensation Act or Utah Occupational Disease Act.

N. "Usual and Customary Rate (UCR)" is the rate of payment using Ingenix, or a similar service, for charges for services in a particular zip code.

History

• KEY: workers' compensation, administrative procedures
• Date of Last Change: January 1, 2021
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.

Utah Admin. Code R612-100-3 Forms Used By Industrial Accidents Division

A. Attending Physician's Statement - Form 043. This form must be completed by an injured worker and his Utah attending physician and then submitted to the Division with Form 044 before the injured worker changes residency from Utah to another locale as required by Subsections R612-300-2.F. and R612-300-3.C.

B. Employee's Notification of Intent to Leave Locality or State, and to Change Doctor or Hospital- Form 044. An injured worker must submit this form, together with Form 043, "Attending Physician's Statement," to the Division prior to the injured worker's change of residency from Utah to another locale as required by Subsections R612-300-2.F. and R612-300-3.C.

C. Employee Notification of Denial of Claim - Form 089. This form is used by insurance carriers or self-insured employers to notify a claimant of the reasons that the claim has been denied as required by Subsection R612-200-1.C.1.b.

D. Injured Workers' Rights and Responsibilities -- Form 100. This form is used by insurance carriers and employers to inform the injured worker of their rights and responsibilities as required by Subsection 34A-2-407(6)(b).

E. Application to Change Doctors - Form 102. This form must be submitted by an injured worker seeking to change physicians under Subsection R612-300-2.D.3.

F. Application for Self-Insurance -- Form 109. This form is submitted by an employer seeking to become self-insured under Subsection 34A-2-201.5.

G. First Report of Injury or Illness -- Forms 122C and 122E. Form 122C is used by the insurance carrier or self-insured employer to report an injury to the injured worker. Form 122E is used by the employer to report an injury to the injured worker and its insurance carrier or the Division, if uninsured. These forms are required by Subsection 34A-2-407(5).

H. Physician's Initial Report of Work Injury Or Occupational Disease - Form 123. This form is used by physicians to report initial treatment of injured employees as required by Subsection R612-300-3.A. This form must be completed by the physician for any treatment for which a bill is generated, and for any treatment beyond "first aid" as that term is defined in Subsection R612-100-2.J.

I. Final Report of Injury and Statement of Losses - Form 130. This form is used by insurance carriers or self-insured employers to report the total losses occurring in each claim. This form must be filed with the Division within 30 days from closure of each claim and shall include all payments, including medical, disability compensation, dependent's benefits, and any other payments.

J. Statement of Benefits Paid - Form 141. This form is used by insurance carriers or self-insured employers to report the initial benefits paid to a claimant as required by Subsection R612-200-1.C.1.c.

K. Statement of Suspension of Benefits - Form 142. An insurance carrier or self-insured employer must use this form to notify a claimant if disability compensation benefits are to be suspended. The form must specify the reason for suspension. The form shall be mailed to the employee and filed with the Division five days before the suspension occurs. Suspension of benefits shall not occur until 5 days after the form is mailed and filed. Exception, if reason for suspension is returned to Work or Medically Determined/Qualified to Return to Work the insurance carrier or self-insured employer has 3 days from the return/release date to complete the required reporting.

L. Authorization to Release Industrial Accident Division Records - Form 205. This form is used to request copies from an injured worker's file in the Commission with the appropriate authorized release made by the injured worker.

M. Self-Insurance Aggregate Surety Bond -- Form 213E. This form is to be completed by a self-insured employer and its surety agent to certify the surety bond has been obtained by the self-insured employer as required by Subsection R612-400-3.C.3.c.

N. Agreement of Assumption and Guaranty of Workers' Compensation -- Form 215E. This form is to be completed by a self-insured employer agreeing to assume and guarantee all liabilities and obligations as a Utah self-insurer for workers' compensation.

O. Statement of Compensation - Form 219. Insurance carriers and self-insured employers shall use this form to notify injured workers or dependents of the basis upon which compensation has been computed as required by Section R612-200-3.

P. Restorative Services Authorization/Denial - Forms 221a (Spine), 221b (Upper Extremity), and 221c (Lower Extremity). These forms must be used by any medical provider billing under the "Restorative Services" provisions of Subsections R612-300-5.C and R612-300-3.B.

Q. Authorization Request for Medical Treatment / Carrier Response -- Form 223. This form is completed by a medical provider and insurance carrier or self-insured employer when determining whether medical services were or are necessary to treat an injury under the "Utilization Review Standards" provisions of Subsection R612-300-11.

R. Renewal Application for Self-Insurance -- Form 223 E. This application is completed by a self-insured employer seeking the annual renewal required to continue to self-insure under Subsection 34A-2-201.5.

S. Request for Medical Records -- Form 302. This form is completed by an injured worker seeking a copy of medical records provided under Subsection R612-300-10.C. This form must be signed by a manager of the Division.

T. Utah Bankruptcy and Insolvency Endorsement -- Form 303. This form is to be completed by the excess insurance company for each covered self-insured entity as required by Subsection R612-400-3.C.3.b.

U. Emergency Medical Service Provider Exposure Report Form -- Form 350. This form is to be utilized by the Emergency Medical Service (EMS) Providers to document exposure to blood and/or other body fluids by an employee in EMS.

V. Notice of Further Investigation of Workers' Compensation Claim -- Form 441. This form is used by insurance carriers and self-insured employers to inform an injured worker that an additional 24 days are needed to investigate the claim.

W. Corporation and Officers Workers' Compensation Exclusion -- Form 450. This form is to be used by corporate directors and/or officers to exclude themselves from workers' compensation requirements, as allowed by Subsection 34A-2-104(4), when the corporation has no other employees.

History

• KEY: workers' compensation, administrative procedures
• Date of Last Change: January 1, 2021
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.

Utah Admin. Code R612-100-4 Designation as Informal Proceedings

A. Pursuant to Section 63G-4-202, the following are designated as informal adjudicatory proceedings:

1. Assessment of penalty under Section 34A-2-211 against an employer conducting business without obtaining workers' compensation coverage;

2. Assessment of penalty under Section 34A-2-201.3 against an insured employer for direct payment of workers' compensation benefits;

3. Assessment of penalty under Section 34A-2-407 against an employer or insurance carrier who does not timely report an industrial accident;

4. Assessment of penalty under Section 34A-2-205 against an insurance carrier for improperly notifying the division of coverage written in this state or for this state;

5. Assessment of penalty under Section 34A-2-114 against an employer for unlawfully interfering with an employee's workers' compensation claim.

B. All subsequent adjudicative proceedings in the above-identified matters are designated as formal proceedings.

History

• KEY: workers' compensation, administrative procedures
• Date of Last Change: January 1, 2021
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104 et seq.; 63G-4-102 et seq.

R612-200 Workers' Compensation Rules - Filing and Paying Claims

Utah Admin. Code R612-200-1 Reporting and Investigating Injuries

A. Employers' Duty to Report Work Injuries.

1. An employer is not required to report an injury that requires only first aid treatment, as defined by Subsection R612-100- 3.A.

2. Except for injuries treated only by first aid, an employer shall report each employee work injury within 7 days after receiving initial notice of the injury, as follows:

a. An employer that has obtained workers' compensation insurance shall report the injury to its insurance carrier.

b. An employer that has received Division authorization to self-insure shall report the injury to its claims administrator.

c. An employer that has failed to obtain worker's compensation coverage shall report the injury by contacting the Division directly.

3. An employer has notice of a work injury upon the earliest of:

a. observation of the injury;

b. verbal or written notice of the injury from any source; or

c. receipt of any other information sufficient to warrant further inquiry by the employer.

B. Submitting Reports of Injury to the Division.

1. An insurance carrier or self-inured employer shall submit Reports of Injury and Subsequent Reports of Injury electronically in compliance with the requirements of the Industrial Accidents Division Claims EDI Implementation Guide and Utah Claims R3 EDI Tables, which are incorporated by reference.

2. Except for injuries treated only by first aid as defined by Subsection R612-100-2.J, an insurance carrier, self-insured employer, or uninsured employer shall submit a First Report of Injury or illness to the Division within fourteen days after receiving initial notice of the injury.

a. An insurance carrier or self-insured employer has notice of a work injury upon receipt of verbal or written information that includes the name of the employer, the name of the employee and the date of injury.

b. An uninsured employer shall report the information required by this subsection as part of the employer's initial contact with the Division required by Subsection A.2.c of this rule.

C. Investigation of Claims; Notice to Division and Claimants; Commencement of Benefits.

1. An insurance carrier or self-insured employer shall promptly investigate a reported work injury and either accept or deny workers' compensation liability for the claim within 21 days after receiving initial notice of the injury.

a. If, with reasonable diligence, an insurance carrier or self-insured employer cannot complete its investigation within 21 days after initial notice, the insurance carrier or self-insured employer shall report the investigation of the claim through current EDI processes. The insurance carrier, self-insured employer, or uninsured employer is then allowed 24 days in addition to the initial 21-day period to complete its investigation and accept or deny liability of the claim.

b. An insurance carrier or self-insured employer denying a claim for workers' compensation benefits shall report such denial through current EDI processes.

c. If the insurance carrier or self-insured employer accepts liability for the claim, payment of benefits shall commence within 7 days from the date of acceptance. The insurance carrier or self-insured employer shall report the initial benefits paid to a claimant through current EDI processes. The statement of benefits paid must accompany the first payment to the claimant.

d. An insurance carrier or self-insured employer's payment of benefits during investigation of a claim does not prevent subsequent denial of the claim after the investigation is completed.

D. Consequences of Failure to Comply.

1. Pursuant to Subsection 34A-2-407(8) of the Utah Workers' Compensation Act, the Division may impose a civil assessment of up to $500 for an insurance carrier, insured employer, self-insured employer, or uninsured employer's failure, without good cause, to comply with the requirements of this rule.

a. "Good cause" includes a claimant's unreasonable failure to sign requested medical releases or otherwise cooperate in the investigation of a claim.

b. For improperly filed reports, the civil assessment shall be imposed for the report as a whole and not for each data element within a report.

2. In addition to the civil assessment authorized by Subsection 34A-2-407(8), an insurance company or self-insured employer's failure, without good cause, to comply with the requirements of this rule may result in:

a. referral of the insurance company to the Insurance Department for appropriate disciplinary action; or

b. revocation of a self-insured employer's authorization to remain self-insured.

3. The method of issuing the assessments shall be set by the division's policies and procedures.

4. Assessments shall be issued in the form of an order signed by the division's presiding officer and pursuant to the requirements contained in Section 63G-4-203.

5. An aggrieved party may seek agency review of any order pursuant to Section 63G-4-301.

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

Utah Admin. Code R612-200-2 Payment of Benefits, Interest and Attorney Fees

A. Timing and payment of benefits. A workers' compensation benefit is due and payable when the claimant has satisfied all legal requirements applicable to that benefit.

1. Payment intervals for compensation. After entitlement to disability compensation or dependent's benefits has been established, such compensation shall be paid in regular intervals of at least once a month, except that TTD and TPD benefits shall be paid twice monthly.

2. Form of payment. A payor may choose to pay benefits by check, debit card or electronic fund transfer, provided that the form of payment allows a claimant to access the full amount of the benefit on the date the payment is due. No fee or charge of any kind may be assessed against the claimant.

3. Employer coordination of employee benefits. Benefits may be paid "in care of" the employer if the employer coordinates employee benefits.

B. Interest. As required by Subsection 34A-2-420(3) of the Utah Workers' Compensation Act, any final order of the Commission awarding benefits will include interest on the principal amount of the benefits at the rate of 8% per annum from the date the benefit or any part thereof was due and payable.

C. Discounting of lump sum payments. Any proposal to pay all or part of a claimant's future workers' compensation benefits in a present lump sum must be submitted to the Adjudication Division for review and approval. A discount rate of eight percent per annum shall be used to determine the present value of such benefits. The following table may be used to determine a benefit's present value by interpolating, when necessary, the weeks to be discounted between the weeks listed on the table.

TABLE

Unaccrued X Weekly X Cumulative = Discount $

Weeks Benefit $ Discount

1 .001475

10 .008076

20 .015343

30 .022538

40 .029663

50 .036719

60 .043706

70 .050626

80 .057478

90 .064264

100 .070984

110 .077639

120 .084229

130 .090756

140 .097221

150 .103623

160 .109963

170 .116243

180 .122463

190 .128623

200 .134724

210 .140767

220 .146752

230 .152680

240 .158552

250 .164368

260 .170129

270 .175835

280 .181488

290 .187087

300 .192633

312 .199219

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

Utah Admin. Code R612-200-3 Statement of Compensation

At the time a payor first pays permanent partial disability compensation or dependent's benefits to a claimant, the payor shall complete Form 219 "Statement of Compensation." The completed form and supporting documents shall be mailed to the claimant or dependents but need not be filed with the Division unless requested.

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

Utah Admin. Code R612-200-4 Insurance Carrier/Employer Liability

A. This rule governs responsibility for payment of benefits for a work injury when:

1. The claimant's entitlement to benefits is not in dispute; and

2. There is a dispute between payors regarding their respective liability for such benefits because the claimant has suffered separate compensable injuries which are the liability of the different payors.

B. In cases meeting the criteria of subsection A, the payor providing coverage for the most recent compensable injury shall advance benefits to the claimant. The benefits advanced shall be limited to medical benefits and temporary total disability compensation and shall be paid according to the entitlement in effect on the date of the earliest related injury.

1. The payor advancing benefits shall notify the non-advancing payor within the time periods established by Subsection R612-200-1.B, that benefits are to be advanced pursuant to this rule.

2. The payor not advancing benefits, upon notification from the advancing payor, shall notify the advancing payor within 10 working days of any potential defenses or limitations of the non-advancing payor's liability.

C. Payors are encouraged to settle liabilities pursuant to this rule.However, any party may file a request for agency action with the Commission for determination of liability for the benefits at issue.

D. The medical utilization decisions of the payor advancing benefits pursuant to this rule shall be presumed reasonable with respect to the issue of reimbursement.

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

Utah Admin. Code R612-200-5 Permanent Total Disability

A. This rule applies to claims for permanent total disability compensation under the Utah Workers' Compensation Act.

1. Subsection B applies to permanent total disability claims arising from accident or disease prior to May 1, 1995.

2. Subsection C applies to permanent total disability claims arising from accident or disease on or after May 1, 1995.

B. For claims arising from accident or disease on or after July 1, 1988 and prior to May 1, 1995, the Commission is required under Section 34A-2-413, to make a finding of total disability as measured by the substance of the sequential decision-making process of the Social Security Administration under Title 20 of the Code of Federal Regulations, amended April 1, 1993. The use of the term "substance of the sequential decision-making process" is deemed to confer some latitude on the Commission in exercising a degree of discretion in making its findings relative to permanent total disability. The Commission does not interpret the code section to eliminate the requirement that a finding by the Commission in permanent and total disability shall in all cases be tentative and not final until rehabilitation training and/or evaluation has been accomplished.

1. In the event that the Social Security Administration or its designee has made, or is in the process of making, a determination of disability under the foregoing process, the Commission may use this information in lieu of instituting the process on its own behalf.

2. In evaluating industrial claims in which the injured worker has qualified for Social Security disability benefits, the Commission will determine if a significant cause of the disability is the claimant's industrial accident or some other unrelated cause or causes.

3. To make a tentative finding of permanent total disability the Commission incorporates the rules of disability determination in 20 CFR 404.1520, amended April 1, 1993. The sequential decision making process referred to requires a series of questions and evaluations to be made in sequence. In short, these are:

a. Is the claimant engaged in a substantial gainful activity?

b. Does the claimant have a medically severe impairment?

c. Does the severe impairment meet or equal the duration requirement in 20 CFR 404.1509, amended April 1, 1993, and the listed impairments in 20 CFR Subpart P Appendix 1, amended April 1, 1993?

d. Does the impairment prevent the claimant from doing past relevant work?

e. Does the impairment prevent the claimant from doing any other work?

4. After the Commission has made a tentative finding of permanent total disability:

a. In those cases arising after July 1,1994, the Commission shall order initiation of payment of permanent total disability compensation;

b. the Commission shall review a summary of reemployment activities undertaken pursuant to the Utah Injured Worker Reemployment Act, as well as any qualified reemployment plan submitted by the employer or its insurance carrier; and

c. unless otherwise stipulated, the Commission shall hold a hearing to consider the possibility of rehabilitation and reemployment of the claimant pending final adjudication of the claim.

5. After a hearing, or waiver of the hearing by the parties, the Commission shall issue an order finding or denying permanent total disability based upon the preponderance of the evidence and with due consideration of the vocational factors in combination with the residual functional capacity which the commission incorporates as published in 20 CFR 404 Subpart P Appendix 2, amended April 1, 1993.

C. For permanent total disability claims arising on or after May 1, 1995, Section 34A-2-413 requires a two-step adjudicative process. First, the Commission must make a preliminary determination whether the applicant is permanently and totally disabled. If so, the Commission will proceed to the second step, in which the Commission will determine whether the applicant can be reemployed or rehabilitated.

1. First Step - Preliminary Determination of Permanent Total Disability: On receipt of an application for permanent total disability compensation, the Adjudication Division will assign an Administrative Law Judge to conduct evidentiary proceedings to determine whether the applicant's circumstances meet each of the elements set forth in Subsections 34A-2-413(1)(b) and (c).

(a) If the ALJ finds the applicant meets each of the elements set forth in Subsections 34A-2-413(1)(b) and (c), the ALJ will issue a preliminary determination of permanent total disability and shall order the employer or insurance carrier to pay permanent total disability compensation to the applicant pending completion of the second step of the adjudication process. The payment of permanent total disability compensation pursuant to a preliminary determination shall commence as of the date established by the preliminary determination and shall continue until otherwise ordered.

(b) A party dissatisfied with the ALJ's preliminary determination may obtain additional agency review by either the Labor Commissioner or Appeals Board pursuant to Subsection 34A-2-801(3). If a timely motion for review of the ALJ's preliminary determination is filed with either the Labor Commissioner or Appeals Board, no further adjudicative or enforcement proceedings shall take place pending the decision of the Commissioner or Board.

(c) A preliminary determination of permanent total disability by the Labor Commissioner or Appeals Board is a final agency action for purposes of appellate judicial review.

(d) Unless otherwise stayed by the Labor Commissioner, the Appeals Board or an appellate court, an appeal of the Labor Commissioner or Appeals Board's preliminary determination of permanent total disability shall not delay the commencement of "second step" proceedings discussed below or payment of permanent total disability compensation as ordered by the preliminary determination.

(e) The Commissioner or Appeals Board shall grant a request for stay if the requesting party has filed a petition for judicial review and the Commissioner or Appeals Board determine that:

(i) the requesting party has a substantial possibility of prevailing on the merits;

(ii) the requesting party will suffer irreparable injury unless a stay is granted; and

(iii) the stay will not result in irreparable injury to other parties to the proceeding.

2. Second Step - Reemployment and Rehabilitation: Pursuant to Subsection 34A-2-413(6), if the first step of the adjudicatory process results in a preliminary finding of permanent total disability, an additional inquiry must be made into the applicant's ability to be reemployed or rehabilitated, unless the parties waive such additional proceedings.

(a) The ALJ will hold a hearing to consider whether the applicant can be reemployed or rehabilitated.

(i) As part of the hearing, the ALJ will review a summary of reemployment activities undertaken pursuant to the Utah Injured Worker Reemployment Act;

(ii) The employer or insurance carrier may submit a reemployment plan meeting the requirements set forth in Subsection 34A-2-413(6)(a)(ii) and Subsections 34A-2-413(6)(d)(i) through (iii).

(b) Pursuant to Subsection 34A-2-413(4)(b) the employer or insurance carrier may not be required to pay disability compensation for any combination of disabilities of any kind in excess of the amount of compensation payable over the initial 312 weeks at the applicable permanent total disability compensation rate.

(i) Any overpayment of disability compensation may be recouped by the employer or insurance carrier by reasonably offsetting the overpayment against future liability paid before or after the initial 312 weeks.

(ii) An advance of disability compensation to provide for the employee's subsistence during the rehabilitation process is subject to the provisions of Subsection 34A-2-413(4)(b), described in subsection 2.(b) above, but can be funded by reasonably offsetting the advance of disability compensation against future liability normally paid after the initial 312 weeks.

(iii) To fund an advance of disability compensation to provide for an employee's subsistence during the rehabilitation process, a portion of the stream of future weekly disability compensation payments may be discounted from the future to the present to accommodate payment. Should this be necessary, the employer or insurance carrier shall be allowed to reasonably offset the amounts paid against future liability payable after the initial 312 weeks. In this process, care should be exercised to reasonably minimize adverse financial impact on the employee.

(iv) In the event the parties cannot agree as to the reasonableness of any proposed offset, the matter may be submitted to an ALJ for determination.

(c) Subsections 34A-2-413(7) and (9) require the applicant to fully cooperate in any evaluation or reemployment plan. Failure to do so shall result in dismissal of the applicant's claim or reduction or elimination of benefit payments including disability compensation and subsistence allowance amounts, consistent with the provisions of Section 34A-2-413(7) and (9).

(d) Subsection 34A-2-413(6) requires the employer or its insurance carrier to diligently pursue any proffered reemployment plan. Failure to do so shall result in a final award of permanent total disability compensation to the applicant.

(e) If, after the conclusion of the foregoing "second step" proceeding, the ALJ concludes that successful rehabilitation is not possible, the ALJ shall enter a final order for continuing payment of permanent total disability compensation. The period for payment of such compensation shall commence on the date the employee became permanently and totally disabled, as determined by the ALJ.

(f) Alternatively, if after the conclusion of the "second step" proceeding, the ALJ concludes that successful rehabilitation and/or reemployment is possible, the ALJ shall enter a final order to that effect, which order shall contain such direction to the parties as the ALJ shall deem appropriate for successful implementation and continuation of rehabilitation and/or reemployment. As necessary under the particular circumstances of each case, the ALJ's final order shall provide for reasonable offset of payments of any disability compensation that constitute an overpayment under Subsection 34A-2-413(4)(b).

(g) The ALJ's decision is subject to all administrative and judicial review provided by law.

D. For purposes of this rule, the following standards and definitions apply:

1. Other work reasonably available: Subject to medical restrictions and other provisions of the Act and rules, other work is reasonably available to a claimant if such work meets the following criteria:

a. The work is either within the distance that a resident of the claimant's community would consider to be a typical or acceptable commuting distance, or is within the distance the claimant was traveling to work prior to his or her accident;

b. The work is regular, steady, and readily available; and

c. The work provides a gross income at least equivalent to:

(1) The current state average weekly wage, if at the time of the accident the claimant was earning more than the state average weekly wage then in effect; or

(2) The wage the claimant was earning at the time of the accident, if the employee was earning less than the state average weekly wage then in effect.

2. Cooperation: As determined by an administrative law judge, an employee is not entitled to permanent total disability compensation or subsistence benefits unless the employee fully cooperates with any evaluation or reemployment plan. The ALJ will evaluate the cooperation of the employee using, but not limited to, the following factors: attendance, active participation, effort, communication with the plan coordinator, and compliance with the requirements of the vocational plan. In determining if these factors were met, the ALJ shall consider relevant changes in the employee's documented medical condition.

3. Diligent Pursuit: The employer or its insurance carrier shall diligently pursue the reemployment plan. The ALJ will evaluate the employer or insurance carrier's diligent pursuit of the plan using, but not limited to, the following factors: timely payment of expenses and benefits outline in the vocational plan, and as required by the educational institution providing the vocational training, communication with the employee, compliance with the requirements of the vocational plan, and timely modification of the plan as required by documented changes in the employee's medical condition.

4. Resolution of disputes regarding "cooperation" and "diligent pursuit": If a party believes another party is not cooperating with or diligently pursing either the evaluations necessary to establish a plan, or the requirements of an approved reemployment or rehabilitation plan, the aggrieved party shall submit to the workers' compensation mediation unit an outline of the specific instances of non-cooperation or lack of diligence. Other parties may submit a reply. The Mediation Unit will promptly schedule mediation to reestablish cooperation among the parties necessary to evaluate or comply with the plan. If mediation is unsuccessful, a party may request the Adjudication Division resolve the dispute. The Adjudication Division will conduct a hearing on the matter within 30 days and shall issue a written decision within 10 days thereafter.

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

Utah Admin. Code R612-200-6 Burial Expenses

1. The Commission adopts this rule pursuant to authority granted by Section 34A-2-418 of the Utah Workers' Compensation Act.

2.(a) If death results from a work injury, an insurance carrier or employer shall pay burial expenses up to $12,500.

(b) Unusual circumstances may require an insurance carrier or employer to make an additional payment, either voluntarily or through Commission order.

3. During each even-numbered year the Commission shall review this rule and make such adjustments as are necessary so that payment of burial expense required by this rule remains equitable when compared to the average cost of burial in this state.

History

• KEY: workers' compensation, filing deadlines, time, administrative proceedings
• Date of Last Change: December 27, 2023
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-2-101 et seq.; 34A-3-101 et seq.; 34A-1-104

R612-300 Workers' Compensation Rules - Medical Care

Utah Admin. Code R612-300-1 Purpose, Scope and Definitions

A. Purpose and scope. Pursuant to authority granted the Utah Labor Commission under Subsection 34A-2-407(9) and Subsection 34A-2-407.5(1) of the Utah Workers' Compensation Act, these rules establish:

1. Reasonable fees for medical care necessary to treat workplace injuries;

2. Standards for disclosure of medical records;

3. Reporting requirements; and

4. Treatment protocols and quality care guidelines.

B. Definitions. The following definitions apply within Rule R612-300:

1. "Health care provider" is defined by Subsection 34A-2-111(1)(a) as "a person who furnishes treatment or care to persons who have suffered bodily injury" and includes hospitals, clinics, emergency care centers, physicians, nurses and nurse practitioners, physician's assistants, paramedics and emergency medical technicians.

2. "Injured worker" is an individual claiming workers' compensation medical benefits for a work-related injury or disease.

3. "Payor" is the entity responsible for payment of an injured worker's medical expenses';

4. "Physician" is defined by Subsection 34A-2-111(1)(b) to include any licensed podiatrist, physical therapist, physician, osteopath, dentist or dental hygienist, physician's assistant, naturopath, acupuncturist, chiropractor, or advance practice registered nurse.

5. "Workplace injury" is an injury or disease compensable under either the Utah Workers' Compensation Act or the Utah Occupational Disease Act.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-2 Obtaining Medical Care for Injured Workers

A. Right of payor to designate initial health care provider.

1. A Payor may adopt managed health care programs. Such programs may designate specific health care providers as "preferred providers" for providing initial medical care for injured workers.

2. A preferred provider program must allow an injured worker to select from two or more health care providers to obtain necessary medical care. At the time a preferred provider program is established, the payor must notify employees of the requirements of the program.

3. If the requirement of subsection A.2. are met, an injured worker subject to a preferred provider program must seek initial medical care from a preferred provider unless:

a. No preferred provider is available;

b. The injured worker believes in good faith that his or her medical condition is not a workplace injury; or

c. Travel to a preferred provider is unduly burdensome.

4. If an injured worker who is subject to a preferred provider program fails to obtain initial medical care from a preferred provider, the payor's liability for the cost of such initial medical care is limited to the amount the payor would have paid a preferred provider. The injured worker may be held personally liable for the remaining balance.

B. Liability for medical expense incurred at payor's direction. If a payor directs an injured worker to obtain an initial medical assessment of a possible work injury, the payor is liable for the cost of such assessment.

1. A medical provider performing an initial assessment must obtain the payor's preauthorization for any diagnostic studies beyond plain x-rays.

C. Injured worker's right to select provider after initial medical care. After an injured worker has received initial care from a preferred provider, the injured worker may obtain subsequent medical care from a qualified provider of his or her choice. The payor is liable for the expense of such medical care.

1. An injured worker's right to select medical providers is subject to subsection D. of this rule, "Limitations to Injured Worker's Right to Change Physicians."

D. Limitations on injured worker's right to change physicians.

1. An injured worker may change health care providers one time without obtaining permission from the payor. The following circumstances DO NOT constitute a change of health care provider:

a. A treating physician's referral of the injured worker to another health care provider for treatment or consultation;

b. Transfer of treatment from an emergency room to a private physician, unless the emergency room was designated as the payor's preferred provider;

c. Medically necessary emergency treatment;

d. A change of physician necessitated by the treating physician's failure or refusal to rate a permanent partial impairment.

2. The injured worker shall promptly report any change of provider to the payor.

3. After an injured worker has exercised his or her one-time right to change health care providers, the worker must request payor approval of any subsequent change of provider. If the payor denies or fails to respond to the request, the injured worker may request approval from the Director of the Division of Industrial Accidents. The Director will authorize a change of provider if necessary for the adequate medical treatment of the injured worker or for other reasonable cause.

4. An injured worker who changes health care providers without payor or Division approval may be held personally liable for the non-approved provider's fees.

E. Hospital or surgery pre-authorization. Except when immediate surgery or hospitalization is medically necessary on an emergency basis, surgery or hospitalization must be pre-authorized by the payor.

1. Within two working days of receipt of a request for authorization, the payor shall notify the physician and injured worker that the request is either approved or denied, or is undergoing medical review.

2. Any medical review of a pending request for authorization must be conducted promptly.

F. Notification required from injured workers leaving Utah. Section 34A-2-604 of the Workers' Compensation Act requires injured workers receiving medical care for a workplace injury to notify the Industrial Accidents Division before leaving the state or locality. Division forms 043 and Form 044 are to be used to provide such notice.

G. Injured worker's right to privacy. No agent of the payor may be present during an injured worker's medical care without the consent of the injured worker. However, if the payor's agent is excluded from a medical visit, the physician and the injured worker shall meet with the agent at the conclusion of the visit or at some other reasonable time so as to communicate regarding medical care and return-to-work issues.

H. Payor's right of medical examination. The payor may arrange for the medical examination of an injured worker at any reasonable time and place. Upon request, the finalized medical examination report must be provided to the Commission, the injured worker, or their council (if represented). If the report is of a sensitive nature, and the medical examiner stated it should not be provided to the injured worker, it must be provided to the Commission, their counsel or a medical provider designated by the injured worker.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-3 Required Reports

A. Physician's Initial Report of Work Injury Or Occupational Disease - Form 123. Within one week after providing initial medical care to an injured worker, a health care provider shall complete "Form 123 - Physicians' Initial Report." The provider shall fully complete Form 123 according to its instructions. The provider shall then file Form 123 with the Division and payor.

1. Form 123 must be completed and filed for every initial visit for which a bill is generated, including first aid, when the worker reports that his or her medical condition is work related.

2. If initial medical care is provided by any health care provider other than a physician, Form 123 must be countersigned by the supervising physician.

B. Form 221, Restorative Services Authorization. Form 221, "Restorative Services Authorization Form" required by Subsection R612-300-5. C. 7. shall be filed with both the payor and the Division.

C. Forms 043, Attending Physician's Statement, and Form 044, Employee's Notification of Intent to Leave Locality or State and to Change Doctor or Hospital. These forms are to be submitted to the Division before an injured worker leaves Utah.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-4 General Method For Computing Medical Fees

A. Adoption of "CPT" and "RBRVS." The Labor Commission incorporates by reference: CPT 2025 and Optum Essential RBRVS 2025 annual 1st Quarter Update," edition includes RBRC 23/1120 (RBRVS).

B. Medical fees calculated according to the RBRVS relative value unit assigned to each CPT code. Unless some other provision of Title R612 specifies a different method, the RBRVS is to be used in conjunction with the "conversion factors" established in Subsection (C) of this rule to calculate payments for medical care provided to injured workers.

C. Conversion Factors. Fees for medical care of injured workers shall be computed by determining the relative value unit (RVU) assigned by the RBRVS to a CPT code and then multiplying that RVU by the following conversion factors for specific medical specialties:

1. Anesthesiology, 1 unit per 15 minutes of anesthesia: $75;

2. Medicine, Evaluation and Medicine codes 99203-99204 and 99213-99214: $62;

3. Medicine, all other Evaluation and Medicine codes: $59;

4. Pathology and Laboratory: $63;

5. Radiology: $65;

6. Restorative Services: $56;

7. Surgery, all 20000 codes, codes 49505 thru 49525, and all 60000 codes: $74;

8. Other Surgery: $74.

D. Fees for Medical care not addressed by CPT/RBRVS, or requiring unusual treatment.

1. The payor and medical provider may establish and agree to a reasonable fee for medical care of an injured worker if:

a. neither the CPT/RBRVS or Title R612 address the medical care in question; or

b. application of CPT/RBRVS or Title R612 would result in an inadequate fee due to extraordinary difficulty of treatment.

2. If the medical provider and payor cannot agree to a reasonable fee in such cases, the provider can request a hearing before the Commission's Adjudication Division to establish a reasonable fee.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-5 Fees for Specific Procedures

A. Needle procedures: Trigger point injections are reported per muscle. Payment under CPT code 20553 for injections of up to three muscles is the maximum allowed for any one treatment session, regardless of the number of muscles treated.

B. Radiology.

1. The cost of radioisotopes, gadolinium and comparable materials may be charged at the provider's cost plus 15%.

2. When x-rays are reviewed as part of an independent evaluation of the patient, a consultation, or other office visit, the review is included as a part of the basic service to the patient and may not be billed separately.

C. Restorative Services.

1. The following criteria must be met before payment is allowed for restorative services:

a. The patient's condition must have the potential for restoration of function;

b. The treatment must be prescribed by the treating physician;

c. The treatment must be specifically targeted to the patient's condition; and

d. The provider must be in constant attendance during the providing of treatment.

2. No payment is allowed for CPT codes 97024, diathermy; 97026, infrared therapy; 97028, ultraviolet therapy/cold laser therapy; 97169, athletic training evaluations; 97172, athletic training reevaluation.

3. All restorative services provided must be itemized even if not billed.

4. Medical providers billing under CPT codes 97010 through 97150, 97161 through 97168, and 97530 through 97610 are limited to payment for a maximum of three procedures/units per visit, or six procedures/units if more than one site is treated. Services billed under CPT codes 97545, 97546 and 97150 require preauthorization and are limited to 4 units per injury. The payor shall pay the three highest valued procedures for each treatment site/body part for the visit.

5. Patient education is to be billed using CPT code 97535 rather than codes 98960 through 98962, is paid in addition to the three highest valued procedures, and is limited to 4 units per injury claim. Patient education includes training in activities of daily living, lifestyle, and any restrictions to accommodate the patient's return to work.

6. The entire spine is considered to be a single body part or unit. For that reason, CPT codes 98941 through 98943 and 98926 through 98929 may not be used for billing purposes.

7. When a change in treatment or a new RSA is required, physicians and physical therapists may bill for one evaluation and up to 2 modalities/procedures. Without an evaluation, they may bill for up to 3 modalities/procedures. 97164 and 97168 may be used for re-evaluation of the patient's condition. With prior authorization from the payor, physicians and physical therapists may make additional billing when justified by special circumstances. 97164 and 97168 shall not be used as an office charge only. Documentation must reflect that a reevaluation was necessary and performed due to complications, additional surgeries and/or procedures, change in medical providers, or a change in stability of the patient's condition. Generally, this should be used every six visits unless there is objective documentation that a reevaluation and modification of treatment was necessary.

8. Any medical provider billing for restorative services shall file the appropriate version of Form 221, "Restorative Services Authorization (RSA) form" with the payor and the Division within ten days of the initial evaluation. Subjective/objective/ assessment/plan ("SOAP") notes are to be sent to the payor in addition to the RSA form. SOAP notes are not to be sent to the Division unless requested.

a. Upon receipt of the provider's RSA form and SOAP notes, the payor shall respond within business ten days by authorizing a specified number of treatments or denying the request. No more than eight treatments may be provided during this ten-day authorization period. If the payor does not respond within ten business days from the RSA submission date, any visits during that ten day period shall be paid by the payor.

b. A payor may deny the requested treatments for the following reasons:

i. The injury or disease being treated is not work related; or

ii. The payor has received written medical opinion or other medical information indicating the treatment is not necessary. A copy of such written opinion or information must be provided to the injured worker, the medical provider, and the Division.

c. In cases where approval is received for initial treatment, the provider shall submit updated RSA forms and SOAP notes to the payor for approval or denial at least every six treatments.

d. An injured worker or provider may request a hearing before the Division of Adjudication to resolve issues of compensability, necessity of treatment, and compliance with this subsection's time limits.

D. Functional Capacity Evaluations. The following functional capacity evaluations require payor preauthorization and are billed in 15 minute increments under CPT code 97750:

1. A limited functional capacity evaluation to determine an injured worker's dynamic maximal repetitive lifting, walking, standing and sitting tolerance. Billing for this type of evaluation is limited to a maximum of 45 minutes.

2. A full functional capacity evaluation to determine an injured worker's maximum and repetitive lifting, walking, standing, sitting, range of motion, predicted maximal oxygen uptake, as well as ability to stoop, bend, crawl or perform work in an overhead or bent position. In addition, this evaluation includes reliability and validity measures concerning the individual's performance. Billing for this type of evaluation is limited to a maximum of 2.5 hours.

3. A work capacity evaluation to determine an injured worker's capabilities based on the physical aspects of a specific job description. Billing for this type of evaluation is limited to a maximum of 2 hours.

4. A job analysis to determine the physical aspects of a particular job. Billing is not subject to a maximum time limit due to the variability of factors involved in the analysis.

E. Impairment Ratings and Insurance Medical Examinations.

1. Impairment Rating by Treating Physician. Treating physicians shall bill for preparation of impairment ratings under CPT code 99455, with 2.0 RVU assigned/30 minutes.

2. Impairment Rating by Non-Treating Physician. Non-treating physicians may bill for preparation of impairment ratings under CPT code 99456, with 2.65 RVU assigned/30 minutes.

3. Medical Evaluations Commissioned by Payors. The Labor Commission does not regulate fees for medical evaluations requested by payors.

F. Transcutaneous Electrical Nerve Simulators (TENS). No fee is allowed for TENS unless it is prescribed by a physician and supported by prior diagnostic testing showing the efficacy of TENS in control of the patient's chronic pain. TENS testing and training is limited to four (4) sessions and a 30-day trial period but may be extended with written documentation of medical necessity.

G. Electophysiologic Testing. A physician who is legally authorized by his or her medical practice act to diagnose injury or disease is entitled to the full fee for electrophysiologic testing. Physical therapists and physicians who are qualified to perform such testing but who are not legally authorized to diagnose injury or disease are entitled to payment of 75% of the full fee.

H. Dental Injuries.

1. Initial Treatment.

a. If an employer maintains a medical staff or designates a company doctor, an employee requiring treatment for a workplace dental injury shall report to such medical staff or doctor and follow their directions for obtaining the necessary dental treatment.

b. If an employer does not maintain a medical staff or designate a company doctor, or if such medical staff or doctor is unavailable, the injured worker may obtain the necessary dental care from a dentist of his or her choice. The payor shall pay the dentist at 70% of UCR for services rendered.

2. Subsequent treatment.

a. If additional dental care is necessary, the dentist who provided initial treatment may submit to the payor a request for authorization to continue treatment. The transmission date of the request must be verifiable. The request itself must include a description of the injury, the additional treatment required, and the fee to be charged for the additional treatment.

i. The payor shall respond to the request for authorization within 10 working days of the request's transmission. This 10-day period can be extended with written approval of the Director of the Industrial Accidents Division.

ii. If the payor does not respond to the dentist's request for authorization within 10 working days, the dentist may proceed with treatment and the payor shall pay the cost of treatment as contained in the request for authorization.

iii. If the payor approves the proposed treatment, the payor shall send written authorization to the dentist and injured worker. This authorization shall include the amount the payor agrees to pay for the treatment. If the dentist accepts the payor's payment offer, the dentist may proceed to provide the approved services and shall be paid the agreed upon amount.

iv. If the dentist proceeds with treatment without authorization, the dentist's fee is limited to 70% of UCR.

b. If the dentist who provided initial treatment is unwilling to provide subsequent treatment under the terms outlined in subsection 2.a., above, the payor shall within 20 calendar days direct the injured worker to a dentist located within a reasonable travel distance who will accept the payor's payment offer.

i. If, after receiving notice that the payor has arranged for the services of a dentist, the injured worker chooses to obtain treatment from a different dentist, the payor shall only be liable for payment at 70% of UCR. The treating dentist may bill the injured worker for the difference between the dentist's charges and the amount paid by the insurer.

c. If the payor is unable to locate another dentist to provide the necessary services, the payor shall attempt to negotiate a satisfactory reimbursement with the dentist who provided initial treatment.

I. Drug testing. Drug screenings for addictive classes of pain medications shall be performed as recommended in the Utah clinical Guidelines on Prescribing Opiates for Treatment of Pain, Utah Department of Health 2009. The collection and billing shall be limited to one 80305, 80306, or 80307 code per date of service, except for unusual circumstances.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-6 Limitations on Fees for Specific Medical Providers and Non-Physicians

A. Physician Assistants, Nurse Practitioners, Medical Social Workers, Nurse Anesthetists, and Physical Therapy Assistants. Fees for services performed by physician assistants, nurse practitioners, and physical therapy assistants are set at 85% and medical social workers are set at 75% of the amount that would otherwise be allowed by this rule. Reimbursement for certified nurse anesthetists will follow Medicare guidelines. All shall include an 83 modifier.

B. Assistant Surgeons. Fees for assistant surgeons are limited as follows:

1. Medical doctors, osteopaths and podiatrists, designated with an -80 modifier, are to be paid 20% of the primary surgeon's fee;

2. Minimum paramedicals, designated with an -81 modifier, are to be paid 15% of the primary surgeon's value or 75% of the amount allowed under Subsection (B)(1).

3. When a qualified resident surgeon is not available, 20% of the primary surgeon's fee;

4. Other paramedical assistants, such as surgical assistants, are not billed separately.

C. Home health care. The following fees, which include mileage and travel time, are payable for Home Health Codes 99500 through 99602:

1. RN: $100/ 2 hours;

2. LPN: $75 / 2 hours;

3. Home Health Aide: $25 / hour + $6 additional 30 min.;

4. Speech Therapists: $80 / visit;

5. Physical Therapy: $125/ hour;

6. Occupational Therapy: $125/ hour; and

7. Home Infusion Providers are to be paid according to contract between the payor and home infusion provider. If no contract is established, the payor shall pay the amount specified in Days Guidelines and pay UCR or Cost + 15% for the drugs and supplies.

D. Acupuncturists, naturopathic providers and massage therapy. Payor preauthorization is required for any services provided by acupuncturists and naturopaths. Payment for massage therapy is only allowed when administered by a medical provider and billed according to the requirements of Subsection R612-300-5(C), "Restorative Services."

E. Ambulance. Ambulance charges are limited to the rates set by the State Emergency Medical Service Commission.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-7 Billing and Payment

A. Billing Limitations.

1. Except as otherwise provided by a specific provision of the Workers' Compensation Act or this rule, an injured worker may not be billed for the cost of medical care necessary to treat workplace injuries.

2. A health care provider may not submit a bill for medical care of an injured worker to both the employer and the insurance carrier.

B. Discounting and down-coding.

1. Discounting or reducing the fees established by this rule is permitted only pursuant to a specific written contract between the medical provider and payor or guarantor, or an agent of the payor or guarantor, through a bona fide provider network arrangement, and is disclosed to the provider. A third party administrator or claims processing agency may not apply a discount absent a specific written contract with the provider.

2. A payor may change the CPT code submitted by a health care provider under the following circumstances:

a. The submitted code is incorrect;

b. Another code more closely identifies the medical care;

c. The medical provider has not submitted the documentation necessary to support the code; or

d. The medical care is part of a larger procedure and included in the fee for that procedure.

3. If a payor changes a code number, the payor shall explain the reason for the change and provide the name and phone number of the payor's claims processor to the medical provider to allow further discussion.

C. Place of Treatment. A medical provider's billing for a medical procedure must identify the setting where a procedure was performed.

1. In an office or clinic: Fees for procedures performed in an office or clinic are to be computed using the Non- Facility Total RVU.

2. In a facility setting: Fees for physician services for procedures performed in a facility are to be computed using the "Facility Total RVU," as the facility will be billing for the direct and indirect costs related to the service.

D. Separate Bills. Separate bills must be presented by each medical provider within one year of the date of service on a HCFA 1500 billing form. All bills must contain the federal ID number of the provider submitting the bill.

E. Hospital Fees.

1. Fees covering hospital care shall be separate from those for professional services and shall not extend beyond the necessary hospital care.

2. All billings must be submitted on a UB92 form, properly itemized and coded, and shall include all documentation, including discharge summary, necessary to support the billing. No separate fee may be charged for billing or documentation of hospital services.

3. Fees charged by health care providers for services performed in a hospital are subject to the Commission's fee rules.

F. Charges for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies, Materials, or Drugs.

1. Ordinary supplies, materials or drugs used in treatment shall not be charged separately but shall be included in the amount allowed for the underlying medical care.

2. Special or unusual durable medical equipment, prosthetics, orthotics, and supplies, materials, or drugs not included as a normal and usual part of the service or procedure shall be paid at Medicare rates if available and if not then at cost plus 15% restocking fees and any taxes paid. Discounts shall not apply.

G. Miscellaneous.

1. A physician may bill the new patient E and M code when seeing an established patient for a new work injury.

2. Payment for hospital care is limited to the bed rate for semi-private room unless a private room is medically necessary.

3. Non-facility RVS total unit values apply, except that procedures provided in a facility setting shall be reimbursed at the facility total unit value and the facility may bill a separate facility charge.

4. Items that are a portion of an overall procedure are NOT to be itemized or billed separately.

5. Payors may round charges to the nearest dollar. If this is done on some charges, it must be done with all charges.

H. Prompt Payment and Interest.

1. All bills for medical care of injured workers must be paid within 45 days of submission to the payor unless the bill or some portion of the bill is in dispute. Any portion of the bill not in dispute remains payable within 45 days of billing.

2. As required by Section 34A-2-420 of the Utah Workers' Compensation Act, any award for medical care made by the Commission shall include interest at 8% per annum from the date of billing for such medical care.

I. Billing Disputes. Payors and health care providers shall use the following procedures to resolve billing disputes.

1. The provider shall submit a bill for services with supporting documentation to the payor within one year of the date of service.

2. The payor shall evaluate the bill and pay the appropriate fee as established by this rule.

3. If the provider believes the payor has improperly computed the fee, the provider may submit a written request for reevaluation to the payor. The request shall describe the specific areas of disagreement and include all appropriate documentation. Any such request for re-evaluation must be submitted to the payor within one year of the date of the original payment.

4. Within 30 days of receipt of the request for re-evaluation, the payor shall either pay the additional fee due the provider or respond with a specific written explanation of the basis for its denial of additional fees. The payor shall maintain proof of transmittal of its response.

5. A payor seeking reimbursement from a provider for overpayment of a bill shall, within one year of the overpayment, submit to the provider a written request for repayment that explains the basis for request. Within 90 days of receipt of the request, the provider shall either make appropriate repayment or respond with a specific written denial of the request.

6. If the provider and payor continue to disagree regarding the proper fee, either party may request informal review of the matter by the Division. Any party may also file a request for hearing on the dispute with the Adjudication Division.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-8 Travel Allowance for Injured Workers

A. Payment for Travel to Obtain Medical Care. An injured worker who must travel outside his or her community to obtain necessary medical care is entitled to payment of meals and lodging. An injured worker is entitled to other travel expenses regardless of distance. Payors shall reimburse injured workers for these expenses according to the standards set forth in State of Utah Accounting Policies and Procedures, Section FIACCT 10-02.00, "Travel Reimbursement".

1. All travel must be by the most direct route and to the nearest location where adequate treatment is reasonably available.

2. Travel may not be required between the hours of 10:00 p.m. and 6:00 a.m., unless approved by the Commission.

B. Time Limits for Requesting and Paying Travel Expenses.

1. Requests for travel reimbursement must be submitted to the payor for payment within one year after the subject travel expenses were incurred;

2. The payor must pay an injured employee's travel expenses at the earlier of:

a. Every three months;

b. Upon accrual of $100 in such expense; or

c. At closure of the injured worker's claim.

C. Prescriptions. Travel allowance shall not include picking up prescriptions with the following exceptions:

1. Travel allowance will be allowed if documentation is provided substantiating a claim that prescriptions cannot be obtained locally within the injured worker's community;

2. Travel allowance will be allowed in instances where dispensing laws do not allow a medication to be called in to a pharmacy thus requiring an injured worker to physically obtain an original prescription from the provider's office.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-9 Permanent Impairment Ratings

A. Utah's 2006 Impairment Guides. The "Utah 2006 Impairment Guides" are incorporated by reference and are to be used to rate a permanent impairment not expressly listed in Section 34A-2-412 of the Utah Workers' Compensation Act.

B. American Medical Association's "Guides to the Evaluation of Permanent Impairment, Fifth Edition." For those permanent impairments not addressed in either Section 34A-2-412 or the "Utah 2006 Impairment Guides," impairment ratings are to be established according to the American Medical Association's "Guides to the Evaluation of Permanent Impairment, Fifth Edition."

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-10 Medical Records

A. Relationship between HIPAA and Workers' Compensation Disclosure Requirements. Workers' compensation insurers, employers and the Utah Labor Commission need access to health information of individuals who are injured on the job or who have a work-related illness in order to process or adjudicate claims, or to coordinate care under Utah's workers' compensation system. Generally, this health information is obtained from health care providers who treat these individuals and who may be covered by federal "HIPAA" privacy rules.

The HIPAA Privacy Rule specifically recognizes the legitimate need of the workers' compensation system to have access to individuals' health information to the extent authorized by State law. See 45 CFR 164.512(1). The Privacy Rule also recognizes the importance of permitting disclosures required by other laws. See 45 CFR 164.512(a). Therefore, disclosures permitted by this rule for workers' compensation purposes or otherwise required by this rule do not conflict with and are not prohibited by the HIPAA Privacy Rule.

B. Disclosures Permitted Without Authorization. A medical provider, without authorization from the injured worker, shall:

1. For purposes of substantiating a bill submitted for payment or filing required Labor Commission forms, such as the "Physician's Initial Report of Injury/Illness" or the "Restorative Services Authorization," disclose medical records necessary to substantiate the billing, including drug and alcohol testing, to:

a. An employer's workers' compensation insurance carrier or third party administrator;

b. A self-insured employer who administers its own workers' claims.

c. The Uninsured Employers' Fund;

d. The Employers' Reinsurance Fund; or

e. The Labor Commission as required by Labor Commission rules.

2. Disclose medical records pertaining to treatment of an injured worker who makes a claim for workers' compensation benefits, to another physician for specialized treatment, to a new treating physician chosen by the claimant, or for a consultation regarding the claimed work related injury or illness.

C. Disclosures Requiring Authorization.

1. Except as limited in C(3), a medical provider, whose medical records are relevant to a worker's compensation claim, shall, upon receipt of a Labor Commission medical records release form, or an authorization form that conforms to HIPAA requirements, disclose his/her medical records to:

a. An employer's insurance carrier or third party administrator;

b. A self-insured employer who administers its own workers' compensation claims;

c. An agent of an entity listed in B(1)(a through e), which includes, but is not limited to a case manager or reviewing physician;

d. The Uninsured Employers Fund;

e. The Employers' Reinsurance Fund;

f. The Labor Commission;

g. The injured worker;

h. An injured workers' personal representative;

i. An attorney representing any of the entities listed above in an industrial injury or occupational disease claim.

2. Medical records are relevant to a workers' compensation claim if:

a. The records were created after the reported date of the accident or onset of the illness for which workers' compensation benefits have been claimed; or

b. the records were created in the past ten years (15 years if permanent total disability is claimed) and:

i. There is a specific reason to suspect that the medical condition existed prior to the reported date of the claimed work related injury or illness or;

ii. The claim is being adjudicated by the Labor Commission.

3. Medical records related to care provided by a psychiatrist, psychologist, obstetrician, or care related to the reproductive organs may not be disclosed by a medical provider unless a claim has been made for a mental condition, a condition related to the reproductive organs, or the claimant has signed a separate, specific release for these records.

D. Disclosure Regarding Return to Work. A medical provider, who has treated an injured worker for a work related injury or illness, shall disclose information to an injured workers' employer as to when and what restrictions an injured worker may return to work.

E. Additional Disclosures Requiring Specific Approval. Requests for medical records beyond what subsections B, C, and D permit require a signed approval by the director, the medical director, a designated person(s) within the Industrial Accidents Division or an administrative law judge if the claim is being adjudicated.

F. Appeals. A party affected by the decision made by a person in subsection E may appeal that decision to the Adjudication Division of the Labor Commission.

G. Injured Worker's Duty to Disclose Medical Treatment and Providers. Upon receipt and within the scope of this rule, an injured worker shall provide those entities or persons listed in C(1) the names, address, and dates of medical treatment (if known) of the medical providers who have provided medical care within the past 10 years (15 years for permanent total disability claim) except for those medical providers names in C(3). Labor Commission form number 307 "Medical Treatment Provider List" must be used for this purpose. Parties listed in C(1) of this rule must provide each medical provider identified on form 307 with a signed authorization for access to medical records. A copy of the signed authorization may be sent to the medical providers listed on form 307.

H. Injured Worker's Right to Contest Requests for Pre-Injury Medical Records. An injured worker may contest, for good reason, a request for medical records created prior to the reported date of the accident or illness for which the injured worker has made a claim for benefits by filing a complaint with the Labor Commission. Good reason is defined as the request has gone beyond the scope of this rule or sensitive medical information is contained in a particular medical record.

I. Limitations on Use and Re-disclosure of Medical Information.

1. Any party obtaining medical records under authority of this rule may not disclose those medical records, without a valid authorization, except as required by law.

2. An employer may only use medical records obtained under the authority of this rule to:

a. Pay or adjudicate workers' compensation claims if the employer is self-insured;

b. To assess and facilitate an injured workers' return to work; c. As otherwise authorized by the injured worker.

3. An employer obtaining medical records under authority of this rule must maintain the medical records separately from the employee's personnel file.

4. Any medical records obtained under the authority of this rule to make a determination regarding the acceptance of liability or for treatment of a condition related to a workers' compensation claim shall only be used for workers' compensation purposes and shall not be released, without a signed release by the injured worker or his/her personal representative, to any other party. An employer shall make decisions related only to the workers' compensation claim based on any medical information received under this rule.

K. Permissible Fees for Providing Medical Records. When any medical provider provides copies of medical records, other than the records required when submitting a bill for payment or as required by the Labor Commission rules, the following charges are presumed reasonable:

1. A search fee of $15 payable in advance of the search;

2. Copies at $.50 per page, including copies of microfilm, payable after the records have been prepared and

3. Actual costs of postage payable after the records have been prepared and sent. Actual cost of postage is deemed to be the cost of regular mail unless the requesting party has requested the delivery of the records by special mail or method.

4. The Labor Commission will release its records per the above charges to parties/entities with a signed and notarized release from the injured worker unless the information is classified and controlled under the Government Records Access and Management Act (GRAMA).

5. No fee shall be charged when the RBRVS or the Commission's Medical Fee Guidelines require specific documentation for a procedure or when medical providers are required to report by statute or rule.

6. An injured worker or his/her personal representative may obtain one copy of each of the following records related to the industrial injury or occupational disease claim, at no cost, when the injured worker or his/her personal representative have signed a form by the Industrial Accidents Division to substantiate his/her industrial injury/illness claim;

a. History and physical;

b. Operative reports of surgery;

c. Hospital discharge summary;

d. Emergency room records;

e. Radiological reports;

f. Specialized test results; and

g. Physician SOAP notes, progress notes, or specialized reports.

h. Alternatively, a summary of the patients records may be made available to the injured worker or his/her personal representative at the discretion of the physician.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-11 Utilization Review Standards

A. Purpose of Utilization Review and Definitions.

1. "Utilization Review" is used to manage medical costs, improve patient care and enhance decision-making. Utilization review includes, but is not limited to, the review of requests for authorization and the review of medical bills to determine whether the medical services were or are necessary to treat a workplace injury. Utilization review does not include:

a. bill review for the purpose of determining whether the medical services rendered were accurately billed, or

b. any system, program, or activity used to determine whether an individual has sustained a workplace injury.

2. Any utilization review system shall incorporate a two-level review process that meets the criteria set forth in subsections B and C of this rule.

3. Definitions. As used in this rule:

a. "Request for Authorization" means any request by a physician for assurance that appropriate payment will be made for a course of proposed medical treatment.

b. "Reasonable Attempt" requires at least two phone calls and a fax, two phone calls and an e-mail, or three phone calls, within five business days from date of the payor's receipt of the physician's request for review.

B. Level I - Initial Request and Review.

1. A health care provider may use Form 223 to request authorization and payment for proposed medical treatment. The provider shall attach all documentation necessary for the payor to make a decision regarding the proposed treatment.

a. Requests for approval of restorative services are governed by the provisions of Section R612-300.5. C. 7. which requires submission of the appropriate RSA form and documentation.

2. Upon receipt of the provider's request for authorization, the payor may use medical or non-medical personnel to apply medically-based criteria to determine whether to approve the request. The payor must:

a. Within 5 business days after receiving the request and documentation, transmit Form 223 back to the physician, in a verifiable manner, advising of the payor's approval or denial of the proposed treatment.

i. If approval is denied, the payor must include with its denial a statement of the criteria it used to make its determination. A copy of the denial must also be mailed to the injured worker.

C. Level II - Review.

1. A health care provider who has been denied authorization or has received no timely response may request a physician's review by completing and sending the applicable portion of Commission Form 223 to the payor. a. The provider must include the times and days that he/she is available to discuss the case with the reviewing physician, and must be reasonably available during normal business hours.

b. This request for review may be used by a health care provider who has been denied authorization for restorative services pursuant to Subsection R612-300-5.C.7.

2. The payor's physician representative must complete the review within five business days of the treating physician's request for review. Additional time may be requested from the Commission to accommodate highly unusual circumstances or particularly difficult cases.

a. The insurer's physician representative must make a reasonable effort to contact the requesting provider to discuss the request for treatment. The payor shall notify the Commission if an additional five days is needed in order to contact the treating physician or to review the case.

b. If the payor again denies approval of the recommended treatment, the payor must complete the appropriate portion of Commission Form 223, and shall include:

i. the criteria used by the payor in making the decision to deny authorization; and

ii. the name and specialty of the payor's reviewing physician;

iii. appeals information.

c. The denial to authorize payment for treatment must then be sent to the physician, the injured worker and the Commission.

3. The payor's failure to respond to the review request within five business days, by a method which provides certification of transmission, shall constitute authorization for payment of the treatment.

D. Mediation and Adjudication. Upon receipt of denial of authorization for payment for medical treatment at Level II, the Commission will facilitate, upon the request of the injured worker, the final disposition of the case.

1. If the parties agree, the medical dispute will be referred to Commission staff for mediation.

2. If the parties do not agree to mediation, the matter will be referred to the Division of Adjudication for hearing and decision.

E. Reduction of Fee for Failure to Follow Utilization Review Standards.

1. In cases in which a health care provider has received notice of this rule but proceeds with non-emergency medical treatment without obtaining payor authorization, the following shall apply:

a. If the medical treatment is ultimately determined to be necessary to treat a workplace injury, the fee otherwise due the health care provider shall be reduced by 25%.

b. If the medical treatment is ultimately determined to be unnecessary to treat a workplace injury, the payor is not liable for payment for such treatment. The injured worker may be liable for the cost of treatment.

2. The penalty provision in D. 1. shall not apply if the medical treatment in question has been preauthorized by some other non-worker's compensation insurance company or other payor.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-12 Commission Approval of Health Care Treatment Protocols

A. Authority. Pursuant to authority granted by Subsection 34A-2-111(2)(c)(i)(B)(VII) of the Utah Workers' Compensation Act, the Utah Labor Commission establishes the following standards and procedures for Commission approval of medical treatment and quality care guidelines.

B. Standards

1. Scientifically based: Subsection 34A-2-111(2)(c)(i)(B)(VII)(Aa) of the Act requires that guidelines be scientifically based. The Commission will consider a guideline to be "scientifically based" when it is supported by medical studies and/or research.

2. Peer reviewed: Subsection 34A-2-111(2)(c)(i)(B)(VII)(Bb) of the Act requires that guidelines be peer reviewed. The Commission will consider a guideline to be "peer reviewed" when the medical study's content, methodology, and results have been reviewed and approved prior to publication by an editorial board of qualified experts.

3. Other standards: Pursuant to its rulemaking authority under Subsection 34A-2-111(2)(c)(i)(B)(VII), the Utah Labor Commission establishes the following additional standards for medical treatment and quality care guidelines.

a. The guidelines must be periodically updated and, subject to Commission discretion, may not be approved for use unless updated in whole or in part at least biannually;

b. Guideline sources must be identified;

c. The guidelines must be reasonably priced;

d. The guidelines must be easily accessible in print and electronic versions.

C. Procedure: Pursuant to Subsection 34A-2-111(2)(c)(i)(B)(VII) of the Utah Workers' Compensation Act, a party seeking Commission action to approve or disapprove a guideline shall file a petition for such action with the Labor Commission.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-13 HIV, Hepatitis B and C Testing and Reporting for Emergency Medical Service Providers

A. Purpose and Authority. This rule, established pursuant to U.C.A. Section 78B-8-404, establishes procedures for testing and reporting following a significant exposure of an emergency medical services provider to infectious diseases.

B. Definitions. In addition to the terms defined in Section 78B-8-401, the following definitions apply for purposes of this rule.

1. Contact means designated person(s) within the emergency medical services agency or the employer of the emergency medical services provider.

2. Emergency medical services (EMS) agency means an agency, entity, or organization that employs or utilizes emergency medical services providers as defined in (4) as employees or volunteers.

3. Source Patient means any individual cared for by a pre-hospital emergency medical services provider, including but not limited to victims of accidents or injury, deceased persons, prisoners or persons in the custody of the Department of Corrections, a county correctional facility, or a public law enforcement entity.

4. Receiving facility means a hospital, health care or other facility where the patient is delivered by the emergency medical services provider for care.

C. Emergency Medical Services Provider Responsibility.

1. The EMS provider shall document and report all significant exposures to the receiving facility and contact as defined in C.2.

2. The reporting process is as follows:

a. The exposed EMS provider shall complete the Exposure Report Form (ERF) at the time the patient is delivered to the receiving facility and provide a copy to the person at the receiving facility authorized by the facility to receive the form. In the event the exposed EMS provider does not accompany the source patient to the receiving facility, he/she may report the exposure incident, with information requested on the ERF, by telephone to a person authorized by the facility to receive the form. In this event, the exposed EMS provider shall nevertheless submit a written copy of the ERF within three days to an authorized person of the receiving facility.

b. The exposed EMS provider shall, within three days of the incident, submit a copy of the ERF to the contact as defined in C.2.

D. Receiving Facility Responsibility.

1. The receiving facility shall establish a system to receive ERFs as well as telephoned reports from exposed EMS providers on a 24-hour per day basis. The facility shall also have available or on call, trained pre-test counselors for the purpose of obtaining consent and counseling of source patients when HIV testing has been requested by EMS providers. The receiving facility shall contact the source patient prior to release from the facility to provide the individual with counseling or, if unable to provide counseling, provide the source patient with phone numbers for a trained counselor to provide the counseling within 24 hours.

2. Upon notification of exposure, the receiving facility shall request permission from the source patient to draw a blood sample for disease testing. In conjunction with this request, the source patient must be advised of his/her right to refuse testing and be advised that if he/she refuses to be tested that fact will be forwarded to the EMS agency or employer of EMS provider. The source patient shall also be advised that if he/she refuses to be tested, the EMS agency or provider may seek a court order to compel the source patient to submit to a blood draw for the disease testing.

Testing is authorized only when the source patient, his/her next of kin or legal guardian consents to testing, with the exception that consent is not required from an individual who has been convicted of a crime and is in the custody or under the jurisdiction of the Department of Corrections, a county correctional facility, a public law enforcement entity, or if the source patient is dead. If consent is denied, the receiving facility shall complete the ERF and send it to the EMS agency or employer of the EMS provider. If consent is received, the receiving facility shall draw a sample of the source patient's blood and send it, along with the ERF, to a qualified laboratory for testing.

3. The laboratory that the receiving facility has sent source patient's blood draw to shall send the disease test results, by Case ID number, to the EMS agency or employer of the EMS provider.

F. EMS Agency/Employer Responsibility:

1. The EMS agency/employer, upon receipt of the disease tests, from the receiving facility laboratory, shall immediately report the result, by case number, not name, to the exposed EMS provider.

2. The EMS agency/employer, upon the receipt of refusal of testing by the source, shall report that refusal to the EMS provider.

3. The agency/employer or its insurance carrier shall pay for the EMS provider and the source patient testing for the covered diseases per the Labor Commission fee schedule.

4. The EMS agency/employer shall maintain the records of any disease exposures contained in this rule per the OSHA Blood Borne Pathogen standards.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

Utah Admin. Code R612-300-14 Advance Practice Registered Nurse

A. Authority. This rule is enacted under the authority of 34A-1-104 and 58-31b-803.

B. Requirement. An advanced practice registered nurse who treats an injured worker and prescribes Schedule II controlled substances for chronic pain is subject to the provisions of the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain," July 2013, adopted by the Federation of State Medical Boards, which is incorporated by reference.

History

• KEY: workers' compensation, fees, medical practitioners, nurse practitioners
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 34A-2-201

R612-400 Workers' Compensation Insurance, Self-Insurance and Waivers

Utah Admin. Code R612-400-1 Policy Reporting by Workers' Compensation Insurance Carriers

An insurance carrier writing workers' compensation insurance in Utah shall report to the Division the information required by Section 34A-2-205 of the Utah Workers' Compensation Act as follows:

A. The report shall be filed on behalf of the insurance carrier by an agent that has been approved by the Division as meeting the Division's filing standards.

B. The insurance carrier's agent shall submit the information electronically in accordance with the standards and format established by the International Association of Industrial Accidents Boards and Commissions (IAIABC).

C. Consequences of Failure to Comply.

1. Pursuant to Subsection 34A-2-205(1) of the Utah Workers' Compensation Act, the division may impose civil assessments up to $150 for failure to properly report insurance policy information per the requirements of this rule.

D. Assessments will be issued on a per file or reported policy basis rather than on each individual error within a file or reported policy.

E. The opportunity to correct the filing errors, the amount of the assessments, and the method of issuing shall be set by the division's policies and procedures.

F. Assessments shall be issued in the form of an order signed by the division's presiding officer and pursuant to the requirements contained in Section 63G-4-203.

G. An aggrieved party may seek agency review of any order pursuant to Section 63G-4-301.

History

• KEY: workers' compensation, insurance, rates, waivers
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

Utah Admin. Code R612-400-2 Workers' Compensation Coverage for Professional Employer Organizations and Client Companies

A. Purpose, Authority and Scope.

1. Purpose. The Utah Professional Employer Organization Licensing Act, Title 31A, Chapter 40, Utah Code Annotated, ("the Act") allows a professional employer organization ("PEO") and a client company to establish a contractual relationship by which the PEO and client company are co-employers of some or all of the client company's workers. This rule establishes workers' compensation coverage and reporting requirements for such co-employment relationships.

2. Authority. This rule is enacted pursuant to authority granted by Section 34A-40-209 of the Act.

3. Scope. This rule applies only to those situations in which one or more workers are co-employees of a PEO and client company. The rule does not apply to workers who are solely employed by either a PEO or a client company. In such cases, the coverage and reporting requirements generally applicable to sole employers must be followed.

B. Alternatives for Providing Workers' Compensation Insurance Coverage for Co-employees.

1. Coverage provided by Client Company utilizing a PEO. A client company may provide workers' compensation coverage for co-employees of the client company and PEO by purchasing an insurance policy from a workers' compensation insurance company. The insurance policy shall list the client company as the named insured and shall provide coverage for the PEO as an additional insured by means of an individual endorsement.

2. Coverage provided through a PEO for a client company. Alternatively, a PEO may provide workers' compensation coverage for co-employees of the client company and PEO by purchasing an insurance policy, if available, from a workers' compensation insurance company. The insurance policy shall list the PEO as the named insured and shall provide coverage for the client company as an additional insured by means of an individual endorsement.

C. Insurance Carrier Reporting Obligation.

1. New Policies. An insurance company providing workers' compensation coverage to a PEO and client company shall comply with the reporting requirements set forth in Subsection R612-400-1. Such reports shall identify any PEO or client company covered by endorsement under the policy.

2. Additional insureds under an existing policy. If an insurance company extends coverage under an existing policy to a PEO or client company by means of an additional endorsement, the company shall report such additional endorsement and coverage to the Division in accordance with the requirements of Section R612-400-1.

3. Cancellations. An insurance company shall notify the Division of cancellation of coverage for any PEO or client company by complying with the requirements of Section R612-400-1. Failure by an insurance company to provide such notice will result in the continuation of coverage by the insurance company until the Division receives notification and may also result in imposition of penalties pursuant to Section 34A-2-205.

D. Reporting Injuries.

Work-related injuries of co-employees shall be reported in the name of the client company.

History

• KEY: workers' compensation, insurance, rates, waivers
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

Utah Admin. Code R612-400-3 Self Insurance of Workers' Compensation Obligations

A. Purpose, Authority and Scope. 34A-2-201.5 of the Utah Workers' Compensation Act allows an employer or public agency insurance mutual to request authorization from the Division to self-insure workers' compensation obligations. Pursuant to the authority granted by Section 34A-2-201.5, this rule establishes procedures for applying for authorization to self- insure; it also establishes standards for Division decisions to grant, deny, or revoke such authorization and addresses the process for appealing Division decisions.

B. Definitions. In addition to the definitions found in Subsection 34A-2-201.5(1) and Section R612-100-2, the following definitions apply to this rule:

1. "Acceptable Credit Rating Agency" means Dun and Bradstreet or another similarly reputable credit rating agency acceptable to the Division.

2. "Aggregate Excess Insurance" is the amount of insurance required to cover the total accumulated workers' compensation benefits for all claims payable for a given period of time with the employer retaining an obligation for a designated amount as a deductible and insurance company paying all amounts due thereafter up to a maximum total obligation.

3. "Applicant" means an employer or public agency insurance mutual seeking initial authorization or renewal authorization to self-insure workers' compensation obligations.

4. "Reserve" is defined as the amount necessary to satisfy all debts, past, present, and future, incurred by reason of industrial accidents or occupational diseases, the origins of which commenced prior to the date of reserve determination.

5. "Self-Insured" means an employer or public agency insurance mutual that is authorized by the Division to self- insure workers' compensation obligations.

6. "Specific Excess Insurance" is defined as the amount of insurance required to satisfy workers' compensation obligations related to a workplace accident or disease with the employer retaining an obligation for a designated amount as a deductible and the insurance company assuming the obligation for all amounts due thereafter.

C. Application Process. An Applicant must complete the following process to receive Division authorization to self-insure.

1. The Applicant shall complete Division Form 109, "Application for Self Insurance" and submit the form to the Division, together with payment of the applicable fee as established by the Commission pursuant to Section 63J-1-504.

2. The Applicant shall demonstrate that it has been in business continuously for five years immediately preceding its application.

a. If the Applicant is a wholly-owned subsidiary of another company, it may satisfy this requirement by demonstrating that the parent company has been in business continuously for five years immediately preceding the application, provided that the parent company guarantees the Applicant's workers' compensation obligations. Unless this guarantee requirement is waived by the Division, the form and substance of any such guarantee is subject to Division approval.

b. If the Applicant has changed its business name, the applicant may satisfy this requirement by demonstrating that it has been in business under a combination of its current name and previous name continuously for five years immediately preceding the application.

c. If the Applicant has been formed by merger of two or more companies, the applicant may satisfy this requirement by demonstrating that it and at least one of its predecessor companies, when considered jointly, have been in business continuously for five years immediately preceding the application.

3. The Applicant shall demonstrate sufficient financial strength and liquidity to pay its workers' compensation obligations promptly and in full. The Applicant shall submit to the Division:

a. A current, certified financial statement or other proof acceptable to the Division of the Applicant's financial ability to pay direct compensation and other related expenses;

b. Proof that the Applicant is covered by specific aggregate excess insurance issued by a company authorized to transact such business in Utah and with policy limits and retention amounts acceptable to the Division. The insurance company shall execute Division Form 303, "Utah Bankruptcy and Insolvency Endorsement" for each covered self-insured entity and shall name the Uninsured Employers' Fund as an additional insured.

c. A surety bond issued by a corporate surety authorized to transact such business in this state or other acceptable security as approved by the Division. If a surety bond is submitted, it shall be issued on Division Form 213E, "Self-Insurance Aggregate Surety Bond" in an amount established by the Division based on its review of the applicant's past incurred losses, exposure, and contingency factors. The minimum bond shall be $100,000.

i. With Division approval, a surety bond provided under this subsection may be replaced with another surety bond, provided that a 60-day notice of termination of liability is given to the Division by the original surety, the replacement bond is issued on the prescribed form, and the new surety accepts the liability of the previous surety or a guarantee is filed by all sureties acknowledging their respective liabilities and periods of time covering such liabilities.

ii. The Division may waive surety bond requirements for a public entity.

4. The Division shall confirm through Dun and Bradstreet or other acceptable credit rating agency that the Applicant is within the agency's two highest composite credit appraisal ratings and two highest ratings of estimated financial strength.

a. An Applicant that is within the agency's two highest composite credit appraisal ratings but has received only a "fair" or equivalent composite credit rating may be granted authorization to self-insure by satisfying any additional security requirements required by the Division.

b. The Division may waive credit rating requirements for a public entity, provided that the public entity files financial statements or such other supplemental information as the Division finds necessary.

5. The Applicant shall demonstrate its ability to properly administer a self-insurance program.

a. The Applicant shall either procure the services of an insurance carrier or adjusting company to administer claims and establish reserves or demonstrate that the Applicant has sufficient competent staff to perform such tasks.

b. The Applicant or its adjusting company shall maintain within Utah a knowledgeable contact concerning claims and shall maintain a toll free number or accept a reasonable number of collect calls from injured employees.

c. The Applicant shall register with the Division a designated agent in Utah who is authorized to receive on behalf of the Applicant all notices or orders provided for under the Utah Workers' Compensation Act or the Utah Occupational Disease Act. d. At its discretion, the Division may train and test adjustors and administrators of self-insurance programs.

6. A subsidiary company may rely upon its parent company to satisfy any of the requirements of subsection C of this rule, provided that the parent company guarantees all the subsidiary company's workers' compensation liabilities. The form and substance of such guarantees must be approved by the Division.

D. Division Action to Grant or Deny Authorization to Self-Insure.

1. If the Division determines that the Applicant has satisfactorily completed the application process required by subsection C, the Division shall issue written authorization for the applicant to self-insure. Such authorization shall be effective for one year from issuance and may be renewed annually as set forth in subsection E of this rule.

2. If the Division determines that the Applicant has not satisfied the requirement of subsection C, the Division will issue a written notice denying the Applicant's request to self-insure. The notice of denial shall state the basis for denial, advise the Applicant of any actions necessary to correct deficiencies in its application, and set forth the Applicant's right to appeal the denial.

E. Renewal of Authorization to Self-Insure.

1. Annual Renewal Application. To request annual renewal of authority to self-insure, a self-insured shall complete and submit Division Form 223E, "Renewal Application for Self Insurance" together with payment of the applicable fee as established by the Commission pursuant to Section 63J-1-504.

a. The completed "Renewal Application" and applicable fee must be submitted at least 60 days before the expiration of the previous self-insurance authorization. Late filing of a renewal application may result in suspension or cancellation of self-insurance privileges.

b. Renewal applicants must satisfy all requirements set forth in subsection C of this rule, except that renewal applicants whose financial information cannot be obtained from Dun and Bradstreet will be required to file financial statements or such other supplemental information as the Division finds necessary.

2. If the Division determines that the renewal applicant qualifies for renewal of authorization to self-insure, the Division shall issue a written renewal. Such renewal shall be effective for one year from issuance.

3. If the Division determines that the renewal applicant has not satisfied the requirements of this rule, the Division will issue a written denial of the request to renew, stating the specific basis for denial, advising the applicant of any actions necessary to correct deficiencies in its renewal application, and the applicant's right to appeal the denial.

F. Revocation of Authority to Self-Insure.

1. In cases where a self-insured entity merges with another entity, the existing authorization to self-insure will be revoked and the newly formed entity must apply for authority to self-insure in its own right.

2. If the Division receives complaints regarding a self-insured's practices or ability to satisfy its obligations, has other reason to believe that a self-insured no longer meets the standards for self-insurance set forth in this rule, or has failed to meet other requirements imposed by law upon self-insureds, the Division shall provide written notice to the self-insured and provide the self-insured a reasonable opportunity to respond.

a. If, after reviewing the self-insured's response, the Division remains of the opinion that the self-insured no longer meets the standards for self-insurance, the Division shall commence informal adjudicative proceedings to revoke the self- insured's authority to self-insure.

b. At the conclusion of such proceedings, the Division shall issue either:

i. written confirmation of the self-insured's continuing authority to self-insure; or

ii. written revocation of authority to self-insure, stating the specific basis for revocation, the self-insured's appeal rights, and the self-insured's right to continue its self insured status by providing additional security pursuant to subsection F of this rule.

c. Within 60 days of notice of revocation, a self-insured whose self-insurance privileges are revoked shall obtain security for their reserve requirements under the two step process set forth in subsection G.1 and 2 of this rule.

G. Continuation of Self-Insurance Authorization by Providing Additional Security.

1. A self-insured that falls below the standards required by subsection C.4 of this rule may, at the discretion of the Division, be allowed to continue self-insurance privileges if the following steps are taken:

a. An independent actuarial study, at the self-insured's expense and satisfactory to the Division, establishes the self- insured's reserve requirements.

b. The self-insured provides acceptable security to the Division for such reserve requirements.

2. Self-insured which retain their self-insurance authorization by complying with the requirements of subsection F.1 and 2 are subject to quarterly financial reviews by the Division

H. Appeals.

An entity dissatisfied with a Division decision to deny or revoke self-insured status may contest the decision by filing an Application For Hearing with the Commission's Adjudication Division pursuant to 34A-302(1) of the Utah Labor Commission Act and complying with the rules and procedures of the Adjudication Division.

History

• KEY: workers' compensation, insurance, rates, waivers
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

Utah Admin. Code R612-400-4 Waivers

A. Authority and Purpose.

Pursuant to Title 34A, Chapter 2, Part 10, Workers' Compensation Coverage Waivers Act ("the Act"), this rule establishes procedures for applying for workers' compensation coverage waivers. The rule also addresses the effect of coverage waivers and procedures to be followed by the Labor Commission's Industrial Accidents Division in granting, denying, or revoking coverage waivers.

B. Procedure for Application, Issuance, and Renewal of Coverage Waiver.

1. A business entity may obtain a coverage waiver by:

a. completing the application process, available either online at the Utah Labor Commission website or by written application also available at the Commission;

b. submitting the supporting documents required by Section 34A-2-1004 of the Act; and

c. paying a non-refundable application fee of $50, used to defray the costs of processing and evaluating the application. Payment of the fee by check may delay issuance of a coverage waiver until the check has been honored.

2. If the Division determines that a business entity has satisfied each requirement for a coverage waiver, the Division will issue the coverage waiver. If the Division determines that a business entity has not satisfied each requirement for a workers' compensation insurance waiver, the Division will issue a written denial to the business entity, stating the basis for denial and setting forth the business entity's appeal rights.

3. Subject to revocation of a coverage waiver as provided by Subsection (C). of this section, a coverage waiver remains in effect for the following time periods:

a. A coverage waiver issued by a licensed workers' compensation insurance company before July 1, 2011, the effective date of the Act, shall remain effective for the period shown on the coverage waiver.

b. A coverage waiver issued by the Division after July 1, 2011, shall be effective for one year from the date the coverage waiver is issued.

4. A business entity may renew a coverage waiver by completing the online renewal application available at the Utah Labor Commission website and satisfying the requirements set forth in Subsections B(1)(b) and (c) of this rule.

C. Revocation.

1. If the Division has reason to believe that a business entity no longer qualifies for a coverage waiver, the Division shall institute proceedings to determine whether the business entity's coverage waiver should be revoked. Such proceedings shall be conducted as informal proceedings under the Utah Administrative Procedures Act.

2. If the Division concludes that the business entity does not satisfy each requirement for a coverage waiver, the Division will issue a written order revoking the waiver certificate. The order shall state the basis for revocation and the business entity's appeal rights. The Division may also initiate other proceedings authorized by the Utah Workers' Compensation Act to compel the business entity to obtain workers' compensation coverage for its employees.

D. Electronic Processing

1. All written correspondence and filings will be delivered by the Division through electronic transmittal to the email address provided by the applicant in the application.

2. If an email address is not provided by the applicant, delivery of correspondence and filings by the Division will be attempted by mail using first class postage to the mailing address provided by the applicant in the application.

E. Appeal Rights.

A business entity may challenge a Division decision to deny or revoke a coverage waiver by filing an appeal of the decision with the Adjudication Division. Such appeal proceedings shall be conducted as de novo formal adjudicatory proceedings under the Utah Administrative Procedures Act.

F. Effect, Verification, and Limitation of Coverage Waiver.

1. Effect of coverage waiver. Subsection 34A-2-103(7)(c) permits an employer contracting with a business entity to rely upon a valid coverage waiver issued by the Division as proof that the business entity is not required to have a workers' compensation insurance policy.

2. Verification of coverage waiver. Before an employer may rely upon a business entity's coverage waiver, the employer shall retain the following documents:

a. A photocopy of the coverage waiver issued to the business entity by the Division; and

b. A printout of the Division's waiver status verification web page showing that the business entity's coverage waiver had not been revoked as of the date on which the employer contracted with the business entity.

3. Limitations to effect of coverage waiver. A coverage waiver does not excuse a business entity from obtaining and maintaining workers' compensation insurance coverage for employees who are entitled to such coverage under the Utah Workers' Compensation Act. If and when a business entity has such employees, any coverage waiver previously issued to that business entity becomes void and the business entity must immediately obtain workers' compensation coverage.

History

• KEY: workers' compensation, insurance, rates, waivers
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

Utah Admin. Code R612-400-5 Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund

A. Pursuant to Subsection 59-9-101(2), Sections 59-9-101.3 and 34A-2-202 the workers' compensation premium rates effective January 1, 2026, as established by the Labor Commission, shall be:

1. 0.40% for the Uninsured Employers' Fund; and

2. 0.0% for the Employers' Reinsurance Fund.

B. The premium rates are a percentage of the total workers' compensation insurance premium income as detailed in Subsection 59-9-101(2)(a).

History

• KEY: workers' compensation, insurance, rates, waivers
• Date of Last Change: January 1, 2026
• Notice of Continuation: September 26, 2022
• Authorizing, and Implemented or Interpreted Law: 59-9-101(2)

R614 Occupational Safety and Health

R614-1 General Provisions

Utah Admin. Code R614-1-1 Authority

A. Title R614 and all subsequent revisions, as approved and promulgated by the Labor Commission (Commission), Utah Occupational Safety and Health Division (UOSH), are authorized pursuant to the Utah Occupational Safety and Health Act, Section 34A-6-101 et seq., of 1973.

B. The intent and purpose of this chapter is stated in Section 34A-6-102 of the Utah OSH Act.

C. In accordance with legislative intent, Title R614 provides for the safety and health of workers and for the administration of this chapter by UOSH.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-2 Scope

Title R614 consists of administrative procedures of UOSH, incorporating by reference applicable federal standards from 29 CFR 1904, 1908, 1910 and 1926, and the Utah initiated occupational safety and health standards found in Rules R614-1 through R614-7.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-3 Definitions

A. "Access" means the right and opportunity to examine and copy.

B. "Adjudication" means the Adjudication Division within the Labor Commission.

C. "Administrator" means the director of UOSH.

D. "AG's Office" means the Utah Office of the Attorney General.

E. "CFR" means the Code of Federal Regulations.

F. "Commission" means the Labor Commission.

G. "CSHO" means a compliance safety and health officer authorized by UOSH to conduct inspections and investigations.

H. "Days" means calendar days, including Saturdays, Sundays, and holidays. The day of receipt of any notice shall not be included, and the last day of any time frame shall be included. If the last day of any time period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.

I. "Disabling, serious or significant injury" means any injury resulting in:

1. Admittance to the hospital; or

2. Permanent or temporary impairment, where function of any part of the body is substantially reduced or made useless and which would require treatment by a physician or other licensed health care professional. Examples of a disabling, serious or significant injury include, amputation, fracture, deep laceration, severe burn including thermal, chemical, etc., electrical burn, sight impairment, loss of consciousness and concussion.

J. "Division" means UOSH.

K. Employee medical record.

1. "Employee medical record" means a record concerning the health status of an employee which is made or maintained by a physician, nurse, or other health care personnel, or technician including:

a. Medical and employment questionnaires or histories including job description and occupational exposures;

b. The results of medical examinations and laboratory tests including x-ray examinations and all biological monitoring not defined as an "employee exposure record" in 29 CFR 1910.1020(c)(5);

c. Medical opinions, diagnoses, progress notes, and recommendations;

d. Descriptions of treatments and prescriptions; and

e. Employee medical complaints.

2. "Employee medical record" does not include the following:

a. Physical specimens like blood or urine samples, which are routinely discarded as a part of normal medical practice;

b. Records concerning health insurance claims if maintained separately from the employer's medical program and its records, and not accessible to the employer by employee name or other direct personal identifier like social security number, payroll number, etc.;

c. Records created solely in preparation for litigation which are privileged from discovery under the applicable rules of procedure or evidence; or

d. Records concerning voluntary employee assistance programs if maintained separately from the employer's medical program and its records.

L. "Establishment" means a single physical location where business is conducted or where services or industrial operations are performed. For example: A factory, mill, store, hotel, restaurant, movie theater, farm, ranch, bank, sales office, warehouse, or central administrative office. Where distinctly separate activities are performed at a single physical location, such as contract construction activities from the same physical location as a lumber yard, each activity shall be treated as a separate physical establishment, and separate notices shall be posted in each establishment to the extent that such notices have been furnished by UOSH.

M. "Exposure" or "exposed" means that an employee is subjected to a toxic substance or harmful physical agent in the course of employment through any route of entry and includes past exposure and potential exposure, but does not include situations where the employer can demonstrate that the toxic substance or harmful physical agent is not used, handled, stored, generated, or present in the workplace in any manner different from typical non-occupational situations.

N. "Hearing" means a proceeding conducted by the Commission.

O. "Imminent danger" means a danger exists which reasonably could be expected to cause an occupational disease, death, or serious physical harm immediately, or before the danger could be eliminated through enforcement procedures under the Utah OSH Act.

P. "Inspection" means any inspection of an employer's factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer, and includes any inspection conducted pursuant to a complaint filed under Subsection R614-1-6(K)(1) and (3), any re-inspection, follow-up inspection, accident investigation or other inspection conducted under Subsection 34A-6-301(1) of the Utah OSH Act.

Q. "OSHA" means the federal Occupational Safety and Health Administration (OSHA).

R. "Serious injury" -- refer to definition for "disabling, serious or significant injury."

S. "Standard" means an occupational health and safety standard or group of standards which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary to provide safety and healthful employment and places of employment.

T. "Toxic substance or harmful physical agent" means any chemical substance, biological agent or physical stress, like noise, heat, cold, vibration, repetitive motion, ionizing and non-ionizing radiation, hypo or hyperbaric pressure, etc. which:

1. Is listed in the latest printed edition of the National Institute for Occupational Safety and Health (NIOSH) Registry of Toxic Effects of Chemical Substances (RTECS) which is incorporated by reference as specified in 29 CFR 1910.6;

2. Has yielded positive evidence of an acute or chronic health hazard in human, animal, or other biological testing conducted by, or known to the employer; or

3. Is the subject of a safety data sheet kept by or known to the employer indicating that the material may pose a hazard to human health.

U. "UOSH" means the Utah Occupational Safety and Health Division within the Labor Commission.

V. "Utah OSH Act" means the Utah Occupational Safety and Health Act, Section 34A-6-101 et seq., of 1973.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-4 Incorporation of Federal Standards

A. The following federal occupational safety and health standards are incorporated:

1. 29 CFR 1904, of the July 1, 2025, edition, is incorporated by reference, except 29 CFR 1904.36 and the workplace fatality, injury and illness reporting requirements found in 29 CFR 1904.1, 1904.2, 1904.7 and 1904.39. Workplace fatalities, injuries and illnesses shall be reported pursuant to the more specific Utah standards in Subsection 34A-6-301(3)(b)(ii) of the Utah OSH Act and Subsection R614-1-5(B)(1).

2. 29 CFR 1908, of the July 1, 2025, edition, is incorporated by reference.

3. 29 CFR 1910.6 and 1910.21 through the end of part 1910, of the July 1, 2025, edition, are incorporated by reference.

4. 29 CFR 1926.6 and 1926.20 through the end of part 1926, of the July 1, 2025, edition are incorporated by reference.

5. Federal Register, Vol. 91, No. 5, Thursday, January 8, 2026, Rules and Regulations, pages 562 to and including 598, "Hazard Communication Standard; Corrections," is incorporated by reference.

6. Federal Register, Vol. 91, No. 10, Thursday, January 15, 2026, Rules and Regulations, pages 1695 to and including 1696, "Hazard Communication Standard," is incorporated by reference.

7. Federal Register Vol. 91, No. 30, Friday, February 13, 2026, Rules and Regulations, page 6760, "Hazard Communication Standard; Corrections," is incorporated by reference.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-5 Adoption and Extension of Established Federal Safety Standards and State of Utah General Safety Orders

A. Scope and Purpose.

1. This rule adopts and extends the applicability of established Federal Safety Standards and Title R614 with respect to every employer, employee and employment in the state of Utah, covered by the Utah OSH Act.

2. All standards and rules, including emergency and temporary, promulgated under the Williams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 U.S.C. 651 et seq.) shall be accepted as part of the standards, rules and regulations under the Utah OSH Act, unless specifically revoked or deleted.

B. Reporting Requirements.

1. Each employer shall within 8 hours of occurrence, notify UOSH of any work-related fatalities, of any disabling, serious, or significant injury and of any occupational disease incident. Call (801) 530-6901.

2. Tools, equipment, materials or other evidence that might pertain to the cause of such accident shall not be removed or destroyed until so authorized by UOSH or one of its CSHOs.

3. Each employer shall investigate or cause to be investigated all work-related injuries and occupational diseases and any sudden or unusual occurrence or change of conditions that pose an unsafe or unhealthful exposure to employees.

C. Employer and Employee Responsibility.

1. It shall be the duty and responsibility of any employee upon entering the employee's place of employment, to examine carefully such working place and ascertain if the place is safe, if the tools and equipment can be used with safety, and if the work can be performed safely. After such examination, it shall be the duty of the employee to make the place, tools, or equipment safe. If this cannot be done, then it becomes the employee's duty to immediately report the unsafe place, tools, equipment, or conditions to the supervisor.

2. Employees must comply with all safety rules of their employer and with all the rules and regulations promulgated by UOSH which are applicable to their type of employment.

3. Management shall inspect or designate a competent person to inspect frequently for unsafe conditions and practices, defective equipment and materials, and where such conditions are found, it shall take appropriate action to correct such conditions immediately.

4. Management shall warn all employees of any dangerous condition and permit no one to work in an unsafe place, except for making it safe.

5. Each employer shall instruct its employees in a language and vocabulary that the employees can understand. Employees shall only be assigned to duties or locations where they have the necessary skills and comprehension to work in a safe manner.

D. General Safety Requirements.

1. No person shall remove, displace, bypass, destroy, or carry away any safety devices or safeguards provided for use in any place of employment, or interfere in any way with the use thereof by other persons, or interfere in any method or process adopted for the protection of employees.

2. Where there is a risk of injury from hair entanglement in moving parts of machinery, employees shall confine their hair to eliminate the hazard.

3. Loose gloves, sleeves, tails, ties, lapels, cuffs, or similar garments which can become entangled in moving machinery shall not be worn where an entanglement hazard exists. Clothing saturated or impregnated with flammable liquids, corrosive substances, irritant, oxidizing agents or other toxic materials shall be removed and shall not be worn until properly cleaned.

4. Wrist watches, rings, or other jewelry shall not be worn on the job where they constitute a safety hazard.

5. Emergency Posting Required.

A list of telephone numbers or addresses as may be applicable shall be posted in a conspicuous place so the necessary help can be obtained in case of emergency. This list shall include:

a. Responsible supervision

b. Doctor

c. Hospital

d. Ambulance

e. Fire Department

f. Sheriff or Police

6. Lockout and Tagout.

a. UOSH has incorporated, by reference, 29 CFR 1910.147, The Control of Hazardous Energy (Lockout/Tagout). See Subsection R614-1-4(1).

b. The employee performing servicing or maintenance on machines or equipment required to be locked out under 29 CFR 1910.147 shall have exclusive control of the lockout device until the job is completed or such employee is relieved from the job, such as by shift change or other assignment.

7. Safety latch-type hooks shall be used wherever possible.

8. Grizzlies Over Chutes, Bins and Tank Openings.

a. Employees shall be provided with and use approved type safety harnesses and shall be tied off securely so as to be suspended above the level of the product before entering any bin, chute or storage place containing material that might cave or run. Cleaning and barring down in such places shall be started from the top using only bars blunt on one end or having a ring type or D handhold.

b. Employees shall not work on top of material stored or piled above chutes, drawholes or conveyor systems while material is being withdrawn unless protected.

c. Chutes, bins, drawholes and similar openings shall be equipped with grizzlies or other safety devices that will prevent employees from falling into the openings.

d. Bars for grizzly grids shall be so fitted that they will not loosen and slip out of place, and the operator shall not remove a bar temporarily to let large rocks through rather than to break them.

E. Process Safety Management.

All requirements of the process safety management (PSM) standard 29 CFR 1910.119 are extended to include blister agents sulfur mustard (H, HD, HT), nitrogen mustard (HN-1, HN-2, HN-3), Lewisite (L) and halogenated oximes (CX) and the nerve agents tabun (GA), sarin (GB), soman (GD) and VX.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-6 Inspections, Citations, and Proposed Penalties

A. The purpose of Section R614-1-6 is to prescribe rules and general policies for enforcement of the inspection, citation, and proposed penalty provisions of the Utah OSH Act. Where Section R614-1-6 sets forth general enforcement policies rather than substantive or procedural rules, such policies may be modified in specific circumstances where the administrator or its designee determines that an alternative course of action would better serve the objectives of the Utah OSH Act.

B. Posting of Notices; Availability of the Utah OSH Act, Regulations and Applicable Standards.

1. Each employer shall post and keep posted notices, to be furnished by UOSH, informing employees of the protections and obligations provided for in the Utah OSH Act, and that for assistance and information, including copies of the Utah OSH Act and of specific safety and health standards, employees should contact their employer or the UOSH office. Such notices shall be posted by the employer in each establishment in a conspicuous place where notices to employees are customarily posted. Each employer shall take steps to ensure that such notices are not altered, defaced, or covered by other material.

2. Where employers are engaged in activities which are physically dispersed, such as agriculture, construction, transportation communications, and electric, gas and sanitary services, the notices required shall be posted at the location where employees report each day. In the case of employees who do not usually work at, or report to, a single establishment, such as traveling salesperson, technicians, engineers, etc., such notices shall be posted in accordance with the requirements of Subsection R614-1-6(Q).

3. Copies of the Utah OSH Act, all regulations published under authority of Section 34A-6-202 of the Utah OSH Act and all applicable standards will be available at the UOSH office. If an employer has obtained copies of these materials, it shall make them available upon request to any employee or its authorized representative.

4. Any employer failing to comply with this rule shall be subject to citation and penalty in accordance with Sections 34A-6-302 and 34A-6-307 of the Utah OSH Act.

C. Authority for Inspection.

1. CSHOs are authorized to conduct inspections and investigations of any workplace covered under the Utah OSH Act, in accordance with Subsection 34A-6-301(1) of the Utah OSH Act, and to review records required by the Utah OSH Act, regulations published in Title R614, federal standards incorporated by Section R614-1-4, and other records which are directly related to the purpose of the inspection.

2. Before inspecting areas containing information which has been classified by an agency of the United States Government in the interest of national security, CSHOs shall obtain the appropriate security clearance.

D. Objection to Inspection.

1. Upon a refusal to permit the CSHO, in exercise of the CSHO's official duties, to enter without delay and at reasonable times any place of employment or any place therein, to inspect, to review records, or to question any employer, owner, operator, agent, or employee, in accordance with Subsection R614-1-6(C)(1), or to permit a representative of employees to accompany the CSHO during the physical inspection of any workplace in accordance with Subsection R614-1-6(H), the CSHO shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records or interviews concerning which no objection is raised.

2. The CSHO shall try to ascertain the reason for such refusal, and shall immediately report the refusal and the reason therefor to the administrator. The administrator shall take appropriate action, including compulsory process, if necessary.

3. Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the administrator, circumstances exist which make such pre-inspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process in advance of an attempt to inspect or investigate include:

a. When the employer's past practice either implicitly or explicitly puts the administrator on notice that a warrantless inspection will not be allowed;

b. When an inspection is scheduled far from the UOSH office and procuring a warrant before leaving to conduct the inspection would avoid, in case of refusal of entry, the expenditure of significant time and resources to return to the office, obtain a warrant and return to the worksite;

c. When an inspection includes the use of special equipment or when the presence of an expert or experts is needed to properly conduct the inspection, and procuring a warrant before an attempt to inspect would alleviate the difficulties or costs encountered in coordinating the availability of such equipment or expert.

4. For purposes of this section, the term compulsory process shall mean the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be the preferred form of compulsory process in all circumstances where compulsory process is relied upon to seek entry to a workplace under this section.

E. Entry not a Waiver.

Any permission to enter, inspect, review records, or question any person, shall not imply a waiver of any cause of action, citation, or penalty under the Utah OSH Act. CSHOs are not authorized to grant such waivers.

F. Advance Notice of Inspections.

1. Advance notice of inspections may not be given, except in the following situations:

a. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;

b. In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;

c. Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid the inspection; and

d. In other circumstances where the administrator determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.

2. In the situations described in Subsection R614-1-6(F)(1), advance notice of inspections may be given only if authorized by the administrator, except that in cases of imminent danger, advance notice may be given by the CSHO without such authorization if the administrator is not immediately available. When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer. See Subsection R614-1-6(H)(2) as to instances where there is no authorized representative of employees. Upon the request of the employer, the CSHO will inform the authorized representative of employees of the inspection, provided that the employer furnishes the CSHO with the identity of such representative and with such other information as is necessary to enable the CSHO promptly to inform such representative of the inspection. An employer who fails to comply with its obligation under this subsection promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the CSHO promptly to inform such representative of the inspection, may be subject to citation and penalty under Sections 34A-6-302 and 34A-6-307 of the Utah OSH Act. Advance notice in any of the situations described in Subsection R614-1-6(F)(1) shall not be given more than 24 hours before the inspection is scheduled to be conducted, except in cases of imminent danger situations and other unusual circumstances.

3. Subsection 34A-6-307(5)(b) of the Utah OSH Act provides for criminal penalties where any person gives advance notice of any inspection conducted under the Utah OSH Act without authority from the administrator or administrator's representatives.

G. Conduct of Inspections.

1. Subject to Subsection R614-1-6(C), inspections shall take place at such times and in such places of employment as the administrator or the CSHO may direct. At the beginning of an inspection, CSHOs shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records which they wish to review as specified in Subsection R614-1-6(C)(1). However, such designations of records shall not preclude access to additional records that may be related to the purpose of the inspection.

2. CSHOs shall have authority to take environmental samples and to take or obtain photographs or video recordings related to the purpose of the inspection, use other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. See Subsection R614-1-6(I) on trade secrets. As used in this rule, the term "use other reasonable investigative techniques" includes, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges, and other similar devices to employees to monitor their exposures.

3. In taking photographs and samples, CSHOs shall take reasonable precautions to ensure that such actions with flash, spark-producing, or other equipment will not be hazardous. CSHOs shall comply with all employer safety and health rules and practices at the establishment being inspected, and shall wear and use appropriate protective clothing and equipment.

4. The conduct of inspections shall preclude unreasonable disruption of operations of the employer's establishment.

5. At the conclusion of an inspection, the CSHO shall confer with the employer or its representative and informally advise such of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be given an opportunity to bring to the attention of the CSHO any pertinent information regarding conditions in the workplace.

6. Inspections shall be conducted in accordance with the requirements of Rule R614-1-6.

H. Representative of Employers and Employees.

1. CSHOs shall be in charge of inspections and questioning of persons. A representative of the employer and a representative authorized by its employees shall be given an opportunity to accompany the CSHO during the physical inspection of any workplace to aid such inspection. A CSHO may permit additional employer representatives and additional representatives authorized by employees to accompany the CSHO where the CSHO determines that such additional representatives will further aid the inspection. A different employer and employee representative may accompany the CSHO during each phase of an inspection if this will not interfere with the conduct of the inspection.

2. CSHOs shall have authority to resolve all disputes as to who is the representative authorized by the employer and employees for this rule. If there is no authorized representative of employees, or if the CSHO cannot determine with reasonable certainty who is such representative, the CSHO shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

3. The representative(s) authorized by employees may be an employee of the employer or a third party. When the representative(s) authorized by employees is not an employee of the employer, they may accompany the CSHO during the inspection if, in the judgment of the CSHO, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and through physical inspection of the workplace (including but not limited to because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills).

4. CSHOs are authorized to deny the right of accompaniment under this rule to any person whose conduct interferes with a fair and orderly inspection. The right of accompaniment in areas containing trade secrets shall be subject to Subsection R614-1-6(I)(3). With regard to information classified by an agency of the U.S. Government in the interest of national security, only persons authorized to have access to such information may accompany a CSHO in areas containing such information.

I. Trade secrets.

1. Section 34A-6-306 of the Utah OSH Act provides provisions for trade secrets.

2. At the commencement of an inspection, the employer may identify areas in the establishment which contain or which might reveal a trade secret. If the CSHO has no clear reason to question such identification, information obtained in such areas, including all negatives and prints of photographs, and environmental samples, shall be labeled "confidential-trade secret" and shall not be disclosed except in accordance with Section 34A-6-306 of the Utah OSH Act.

3. Upon the request of an employer, any authorized representative of employees under Subsection R614-1-6(H) in an area containing trade secrets shall be an employee in that area or an employee authorized by the employer to enter that area. Where there is no such representative or employee, the CSHO shall consult with a reasonable number of employees who work in that area concerning matters of safety and health.

J. Consultation with Employees.

CSHOs may consult with employees concerning matters of occupational safety and health to the extent they consider necessary for the conduct of an effective and thorough inspection. During the inspection, any employee who believes a violation of the Utah OSH Act exists in the workplace shall be given an opportunity to bring such violation to the attention of the CSHO.

K. Complaints by Employees.

1. Any employee or representative of employees who believes a violation of the Utah OSH Act exists in any workplace where such employee is employed may request an inspection of such workplace by giving notice of the alleged violation to the administrator or to a CSHO. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or representative of employees. A copy of the notice shall be provided to the employer or its agent by the administrator or CSHO no later than at the time of inspection, except that, upon the request of the person giving such notice, the person's name and the names of individual employees referred to therein shall not appear in such copy or on any record published, released, or made available by the administrator.

2. If upon receipt of such notification the administrator determines that the complaint meets the requirements set forth in Subsection R614-1-6(K)(1), and that there are reasonable grounds to believe that the alleged violation exists, the administrator shall cause an inspection to be made as soon as practicable. Inspections under this rule shall not be limited to matters referred to in the complaint.

3. Before or during any inspection of a workplace, any employee or representative of employees employed in such workplace may notify the CSHO, in writing, of any violation of the Utah OSH Act which they have reason to believe exists in such workplace. Any such notice shall comply with requirements of Subsection R614-1-6(K)(1).

L. Inspection not Warranted; Informal Review.

1. If the administrator determines an inspection is not warranted because there are no reasonable grounds to believe a violation or danger exists with respect to a complaint filed under Subsection R614-1-6(K), the administrator shall notify the complaining party in writing of such determination. The complaining party may obtain review of such determination by submitting a written statement of position with the administrator. The administrator, at its discretion, may hold an informal conference in which the complaining party and the employer may orally present their views. After considering all written and oral view presented, the administrator shall affirm, modify, or reverse the determination of the previous decision and again furnish the complaining party and the employer written notification of its decision and the reasons therefor.

2. If the administrator determines that an inspection is not warranted because the requirements of Subsection R614-1- 6(K)(1) have not been met, the administrator shall notify the complaining party in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of Subsection R614-1- 6(K)(1).

M. Imminent Danger.

Section 34A-6-305 of the Utah OSH Act contains provisions for addressing imminent danger conditions and practices in any place of employment.

N. Citations.

1. The administrator shall review the inspection report of the CSHO. If, on the basis of the report the administrator believes the employer has violated a requirement of Section 34A-6-201 of the Utah OSH Act, of any standard, rule, or order promulgated pursuant to Section 34A-6-202 of the Utah OSH Act, or of any substantive rule published in this chapter, the administrator shall issue to the employer a citation. A citation shall be issued even though after being informed of an alleged violation by the CSHO, the employer immediately abates or initiates steps to abate such alleged violation. Any citation shall be issued with reasonable promptness after termination of the inspection. No citation may be issued after the expiration of 6 months following the occurrence of any violation.

2. Any citation shall describe with particularity the nature of the alleged violation, including a reference to the provisions of the Utah OSH Act, standard, rule, regulation, or order alleged to have been violated. Any citation shall also fix a reasonable time or times for the abatement of the alleged violations.

3. If a citation is issued for a violation alleged in a request for inspection under Subsection R614-1-6(K)(1) or a notification of violation under Subsection R614-1-6(K)(3), a copy of the citation shall be sent to the employee or representative of employees who made such request or notification.

4. Following an inspection, if the administrator determines a citation is not warranted with respect to a danger or violation alleged to exist in a request for inspection under Subsection R614-1-6(K)(1) or a notification of violation under Subsection R614-1-6(K)(3), the informal review procedures prescribed in Subsection R614-1-6(L)(1) shall be applicable. After considering all views presented, the administrator shall affirm the determination, order a re-inspection, or issue a citation if it believes the inspection disclosed a violation. The administrator shall furnish the complaining party and the employer with written notification of its determination and the reasons therefor.

5. Every citation shall state that the issuance of a citation does not constitute a finding that a violation of the Utah OSH Act has occurred unless there is a failure to contest as provided for in the Utah OSH Act or, if contested, unless the citation is affirmed by the Commission.

O. Petitions for Modification of Abatement Date.

1. An employer may file a petition for modification of abatement date when it has made a good faith effort to comply with the abatement requirements of the citation, but such abatement has not been completed because of factors beyond its reasonable control.

2. A petition for modification of abatement date shall be in writing and shall include the following information: a. All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period;

b. The specific additional abatement time necessary to achieve compliance;

c. The reasons such additional time is necessary, including the unavailability of professional or technical personnel or of materials and equipment, or because necessary construction or alteration of facilities cannot be completed by the original abatement date;

d. All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period; and

e. A certification that a copy of the petition has been posted and, if appropriate, served on the authorized representative of affected employees, in accordance with Subsection R614-1-6(O)(3)(a) and a certification of the date upon which such posting and service was made.

3. A petition for modification of abatement date shall be filed with the administrator no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.

a. A copy of such petition shall be posted in a conspicuous place where all affected employees will have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of ten working days. Where affected employees are represented by an authorized representative, said representative shall be served with a copy of such petition.

b. Affected employees or their representatives may file an objection in writing to such petition with the administrator. Failure to file such objection within ten working days of the date of posting of such petition or of service upon an authorized representative shall constitute a waiver of any further right to object to said petition.

c. The administrator or its authorized representative shall have authority to approve any petition for modification of abatement date filed pursuant to Subsection R614-1-6(O)(2) and (3) Such uncontested petitions shall become final orders pursuant to Subsection 34A-6-303(1) of the Utah OSH Act.

d. The administrator or its authorized representative shall not exercise its approval power until the expiration of ten working days from the date the petition was posted or served by the employer pursuant to Subsection R614-1-6(O)(3)(a).

4. Where any petition is objected to by the affected employees, the petition, citation, and any objections shall be forwarded to the administrator per Subsection R614-1-6(O)(3)(b).

P. Proposed Penalties.

1. After, or concurrent with, the issuance of a citation and within a reasonable time after the termination of the inspection, the administrator shall notify the employer by certified mail or by personal service of the proposed penalty under Section 34A-6-307 of the Utah OSH Act, or that no penalty is being proposed. Any notice of proposed penalty shall state that the proposed penalty shall be the final order of the Commission and not subject to review by any court or agency unless, within 30 days from the date of receipt of such notice, the employer notifies the Adjudication Division (Adjudication) within the Commission in writing that it intends to contest the citation or the notification of proposed penalty before the Commission.

2. The administrator shall determine the amount of any proposed penalty, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations, in accordance with Section 34A-6-307 of the Utah OSH Act.

3. Appropriate penalties may be proposed with respect to an alleged violation even though after being informed of such alleged violation by the CSHO, the employer immediately abates, or initiates steps to abate, such alleged violation. Penalties shall not be proposed for violations which have no direct or immediate relationship to safety or health.

Q. Posting of Citations.

1. Upon receipt of any citation under the Utah OSH Act, the employer shall immediately post such citation, or copy thereof, unedited, at or near each place an alleged violation referred to in the citation occurred, except as provided. Where, because of the nature of the employer's operations, it is not practicable to post the citation at or near each place of alleged violation, such citation shall be posted, unedited, in a prominent place where it will be readily observable by all affected employees. For example, where employees are engaged in activities which are physically dispersed (see Subsection R614-1- 6(B)(2)), the citation may be posted at the location to which employees report each day. Where employees do not primarily work at or report to a single location, the citation must be posted at the location from which the employees commence their activities. The employer shall take steps to ensure that the citation is not altered, defaced, or covered by other material.

2. Each citation, or a copy thereof, shall remain posted until the violation has been abated, or for three working days, whichever is later. The filing by the employer of a notice of intention to contest under Subsection R614-1-6(R) shall not affect its posting responsibility until the Commission issues a final order vacating the citation.

3. An employer to whom a citation has been issued may post a notice in the same location where such citation is posted indicating that the citation is being contested before the Commission, and such notice may explain the reasons for such contest. The employer may also indicate that specified steps have been taken to abate the violation.

4. Any employer failing to comply with Subsections R614-1-6(Q)(1) and (2) shall be subject to citation and penalty in accordance with Section 34A-6-307 of the Utah OSH Act.

R. Employer and Employee Contests before the Commission.

1. Any employer to whom a citation or notice of proposed penalty has been issued, may under Section 34A-6-303 of the Utah OSH Act, notify Adjudication in writing that the employer intends to contest such citation or proposed penalty before the Commission. Such notice of intention to contest must be received by Adjudication within 30 days of the receipt by the employer of the citation and notice of proposed penalty. Every notice of intention to contest shall specify whether it is directed to the citation or to the proposed penalty, or both. Adjudication shall handle such notice in accordance with the rules of procedures prescribed by the Commission.

2. An employee or representative of employee of an employer to whom a citation has been issued may, under Subsection 34A-6-303(3) of the Utah OSH Act, file a written notice with Adjudication alleging that the period fixed in the citation for the abatement of the violation is unreasonable. Such notice must be received by Adjudication within 30 days of the issuance of the citation by UOSH. Adjudication shall handle such notice in accordance with the rules of procedure prescribed by the Commission.

S. Failure to Correct a Violation for which a Citation has been Issued.

1. If an inspection discloses that an employer has failed to correct an alleged violation for which a citation has been issued within the period permitted for its correction, the administrator shall notify the employer by certified mail or by personal service by the CSHO of such failure and of the additional penalty proposed under Section 34A-6-307 of the Utah OSH Act by reason of such failure. The period for the correction of a violation for which a citation has been issued shall not begin to run until the entry of a final order of the Commission in the case of any review proceedings initiated by the employer in good faith and not solely for delay or avoidance of penalties.

2. Any employer receiving a notification of failure to correct a violation and of proposed additional penalty may, under Subsection 34A-6-303(3) of the Utah OSH Act, notify Adjudication in writing that it intends to contest such notification or proposed additional penalty before the Commission. Such notice of intention to contest shall be received by Adjudication within 30 days of receipt by the employer of the notification of failure to correct a violation and of proposed additional penalty. Adjudication shall handle such notice in accordance with the rules of procedures prescribed by the Commission.

3. Each notification of failure to correct a violation and of proposed additional penalty shall state that it shall be the final order of the Commission and not subject to review by any court or agency unless, within 30 days from the date of receipt of such notification, the employer notifies Adjudication in writing that it intends to contest the notification or the proposed additional penalty before the Commission.

T. Informal Conferences.

At the request of an affected employer, employee, or representative of employees, the administrator may hold an informal conference to discuss any issues raised by an inspection, citation, notice of proposed penalty, or notice of intention to contest. The administrator shall provide in writing the reasons for any settlement of issues at such conferences. If the conference is requested by the employer, an affected employee or employee representative shall be given an opportunity to participate, at the discretion of the administrator. If the conference is requested by an employee or representative of employees, the employer shall be given an opportunity to participate, at the discretion of the administrator. Any party may be represented by counsel at such conference. No such conference or request for such conference shall operate as a stay of any 30-day period for filing a notice of intention to contest as prescribed in Subsection R614-1-6(R).

U. Multi-Employer Worksites.

1. Pursuant to Section 34A-6-201 of the Utah OSH Act, violation of an applicable standard adopted under Section 34A-6-202 of the Utah OSH Act at a multi-employer worksite may result in a citation issued to more than one employer.

2. An employer on a multi-employer worksite may be considered a creating, exposing, correcting, or controlling employer. An employer may be cited should:

a. it meet the definition of a creating employer and be found to have failed to exercise the duty of care required by this rule for a creating employer;

b. it meet the definition of an exposing, correcting, or controlling employer and be found to have failed to exercise the duty of care required by this rule for that category of employer; or

c. even if an employer meets its duty of reasonable care applicable to one category of employer, it may still be cited should it meet the definition of another category of employer and be found to have failed to exercise the duty of care required by this rule for that category of employer. No employer will be cited for the same violation under multiple categories of employers.

3. Creating Employer. A creating employer is one that created a hazardous condition on the worksite. A creating employer may be cited if:

a. Its own employees are exposed or if the employees of another employer at the site are exposed to this hazard; and

b. The employer did not exercise reasonable care by taking prompt and effective steps to alert employees of other employers of the hazard and to correct or remove the hazard or, if the creating employer does not have the ability or authority to correct or remove the hazard, to notify the controlling or correcting employer of the hazard.

4. Exposing Employer. An exposing employer is one that exposed its own employees to a hazard. If the exposing employer created the hazard, it is citable as the creating employer, not the exposing employer.

a. If the exposing employer did not create the hazard, it may be cited as the exposing employer if:

i. It knew of the hazard or failed to exercise reasonable care to discover the hazard; and

ii. Upon obtaining knowledge of the hazard, it failed to take prompt and reasonable precautions, consistent with its authority on the worksite, to protect its employees.

b. An exposing employer will be deemed to have exercised reasonable care to discover a hazard if it demonstrates that it has regularly and diligently inspected the worksite.

c. If the exposing employer has the authority to correct or remove the hazard, it must correct or remove the hazard with reasonable diligence. If the exposing employer lacks such authority, it may still be cited if: i. It failed to make a good faith effort to ask the creating or controlling employer to correct the hazard;

ii. It failed to inform its employees of the hazard; and

iii. It failed to take reasonable alternative measures, consistent with its authority on the worksite, to protect its employees.

5. Correcting Employer. A correcting employer is one responsible for correcting a hazardous condition, such as installing or maintaining safety and health devices or equipment, or implementing appropriate health and safety procedures. A correcting employer must exercise reasonable care in preventing and discovering hazards and ensure such hazards are corrected in a prompt manner, which shall be determined in light of the scale, nature and pace of the work, and the amount of activity of the worksite.

6. Controlling Employer. A controlling employer is one with general supervisory authority over a worksite. This authority may be established either through contract or practice and includes the authority to correct safety and health violations or require others to do so, but it is separate from the responsibilities and care to be exercised by a correcting employer.

a. A controlling employer will not be cited if it has exercised reasonable care to prevent and detect violations on the worksite. The extent of the measures used by a controlling employer to satisfy this duty, however, is less than the extent required of an employer when protecting its own employees. A controlling employer is not required to inspect for hazards or violations as frequently or to demonstrate the same knowledge of applicable standards or specific trade expertise as the employer under its control.

b. When determining the duty of reasonable care applicable to a controlling employer on a multi-employer worksite, the factors that may be considered include:

i. The nature of the worksite and industry in which the work is being performed;

ii. The scale, nature and pace of the work, including the pace and frequency at which the worksite hazards change as the work progresses;

iii. The amount of activity at the worksite, including the number of employers under its control and the number of employees working on the worksite;

iv. The implementation and monitoring of safety and health precautions for the entire worksite requiring that other employers on the worksite comply with their respective obligations and standards of care for the safety of employees, a graduated system of discipline for non-compliant employees and employers, regular worksite safety meetings, and when appropriate for atypical hazards, the providing of adequate safety training by employers for atypical hazards present on the worksite; and

v. The frequency of worksite inspections, particularly at the commencement of a project or the commencement of work on the project by other employers that come under its control. As work progresses, the frequency and sufficiency of such inspections shall be determined in relation to other employers' compliance with their respective obligations and standards of care as required by this rule.

c. When evaluating whether a controlling employer has demonstrated reasonable care in preventing and discovering violations, the following factors, though not inclusive, shall be considered;

i. Whether the controlling employer conducted worksite inspections with sufficient frequency as contemplated by Subsection 6(b);

ii. The controlling employer's implementation and monitoring of an effective system for identifying a hazardous condition and promptly notifying employers under its control of the hazard so as to ensure compliance with their respective duties of care under this rule;

iii. Whether the controlling employer implements a graduated system of discipline for non-compliant employees or employers with their respective safety and health requirements;

iv. Whether the controlling employer performs follow-up inspections to ensure hazards are corrected; and

v. Other actions demonstrating the implementation and monitoring of safety and health precautions for the entire worksite.

7. In accordance with Section 34A-6-110 of the Utah OSH Act, nothing in this rule shall be:

a. Deemed to limit or repeal requirements imposed by statute or otherwise recognized by law; or

b. Construed or held to supersede or in any manner affect workers' compensation or enlarge or diminish or affect the common-law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, occupational or other diseases, or death of employees arising out of, or in the course of employment.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-7 Recording and Reporting Occupational Injuries and Illnesses

A. UOSH has incorporated, by reference, 29 CFR 1904, Recording and Reporting Occupational Injuries and Illnesses, with a few exceptions. Refer to Subsection R614-1-4(A)(1).

B. Regardless of size or type of operation, accidents and fatalities must be reported to UOSH in accordance with the requirements of Subsection R614-1-5(B).

C. Equivalent Form for OSHA 301 Injury and Illness Report Form (OSHA 301form). For employers required to keep OSHA injury and illness logs, other reports may be used as an equivalent form for the OSHA 301 form if it contains the same information, is readable and understandable, and is completed using the same instructions as the OSHA 301 form it replaces. Examples of such reports include the Employer's First report of Injury or Illness from (Utah Industrial Accidents Form 122), workers' compensation; and insurance reports.

D. Statistical Program.

1. Section 34A-6-108 of the Utah OSH Act directs the division to develop and maintain a program of collection, compilation, and analysis of occupational safety and health statistics. The program shall consist of periodic surveys of occupational injuries and illnesses.

2. The sample design encompasses probability procedures, detailed stratification by industry and size, and a systematic selection within stratification. Stratification and sampling will be carried out to provide the most efficient sample for eventual state estimates. Some industries will be sampled more heavily than others depending on the injury rate level based on previous experience. The survey should produce adequate estimates using the North American Industry Classification System (NAICS) where each industry sector and subsector is placed into the appropriate group of either goods-producing industries or service- providing industries. Full cooperation with the United States Department of Labor in statistical programs is intended.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-8 Rules of Practice for Temporary or Permanent Variance from the Utah Occupational Safety and Health Standards

A. Scope.

This rule contains rules of practice for administrative procedures to grant variances and other relief under Section 34A- 6-202 of the Utah OSH Act. General information pertaining to employer-employee rights, obligations and procedures are included.

B. Application for, or Petition against Variances and Other Relief.

1. The applicable parts of Section 34A-6-202 of the Utah OSH Act shall govern application and petition procedure.

2. Temporary variance.

a. Any employer or class of employers desiring a temporary variance from a standard, or portion thereof, authorized by Subsection 34A-6-202(2)(c) of the Utah OSH Act must file a written application with the administrator which shall include the following information:

(1) The name and address of applicant;

(2) The address of the place or places of employment involved;

(3) A specification of the standard or portion thereof from which the applicant seeks a variance;

(4) A representation by the applicant, supported by representations from qualified persons having first-hand knowledge of the facts represented, that the applicant cannot comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor;

(5) A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees against the hazard covered by the standard;

(6) A statement of when the applicant expects to be able to comply with the standard and of what steps it has taken and will take, with specific dates where appropriate, to come into compliance with the standard;

(7) A statement of the facts the applicant would show to establish that

i. The applicant cannot comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;

ii. The applicant is taking all available steps to safeguard its employees against the hazards covered by the standard; and

iii. The applicant has an effective program for coming into compliance with the standard as quickly as practicable;

(8) Any request for a hearing, as provided in this rule;

(9) A statement that the applicant has informed its affected employees of the application by giving a copy thereof to their authorized representative, posting a statement, which gives a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means; and

(10) A description of how affected employees have been informed of the application and their right to petition the administrator for a hearing.

b. A temporary order may be granted only after notice to employees and an opportunity for a public hearing; provided, the administrator may issue one interim order effective until a decision is made, formally granting or denying a temporary variance, after public hearing.

(1) The purpose of an interim order is to permit an employer to proceed in a non-standard operation while administrative procedures are being completed. Use of this interim procedure is dependent upon need and employee safety.

(2) After determination and assurance that employees are to be adequately protected, the administrator may immediately grant, in writing, an interim order. To expedite the effect of the interim order, it may be issued at the worksite by the administrator.

3. Permanent variance.

a. Any employer desiring a permanent variance of a standard issued under Section 34A-6-202 of the Utah OSH Act must apply to the division for a rule or order for such variance. The written application must include the following information:

(1) The name and address of applicant;

(2) The address of the place or places of employment involved;

(3) A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

(4) A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide employment and places of employment to employees which are as safe and healthful as those required by the standard from which a variance is sought;

(5) The methods it will use to safeguard its employees until a variance is granted or denied;

(6) A certification that the applicant has informed its employees of the application by

i. Giving a copy thereof to their authorized representative;

ii. Posting a statement giving a summary of the application and specifying where a copy may be examined or a copy of the application itself, at the place or places where notices to employees are normally posted; and

iii. By other appropriate means;

(7) Any request for a hearing, as provided in this rule; and

(8) A description of how employees have been informed of the application and their right to petition the administrator for a hearing.

4. When a proceeding on a citation or a related issue concerning a proposed penalty or period of abatement has been contested and is pending before an administrative law judge or any subsequent review under the Administrative Procedures Act, until the completion of such proceeding, the administrator may deny a variance application on a subject or an issue concerning a citation which has been issued to the employer.

C. Hearings.

1. The administrator may conduct hearings upon application or petition in accordance with Subsection 34A-6-202(4) of the Utah OSH Act if:

a. Employees, the public, or other interested groups petition for a hearing; or

b. The administrator deems it in the public or employee interest.

2. When a hearing is considered appropriate, the administrator shall set the date, time, and place for such hearing and shall provide timely notification to the applicant and the petitioners. In the notice of hearing to the applicant, the applicant will be directed to notify its employees of the hearing.

3. Notice of hearings for proposed rules under Subsection 34A-6-202(4) of the Utah OSH Act shall be published in the Utah State Bulletin. This shall include a statement that the application request may be inspected at the UOSH Office.

4. A copy of the Notice of Hearing, along with other pertinent information, shall be sent to the regional administrator for the federal OSHA.

D. Inspection for Variance Application.

1. A variance inspection may be required by the administrator or its designee before final determination of either acceptance or denial of a temporary or permanent variance.

2. A variance inspection is a single purpose, pre-announced, non-compliance inspection and shall include employee or employer representative participation or interviews where necessary.

E. Defective Applications.

1. If an application for variance does not meet the requirements of Subsection R614-1-8(B), the administrator may deny the application.

2. Prompt notice of the denial of an application shall be given to the applicant.

3. The notice of denial shall include, or be accompanied by, a brief statement of the grounds for denial.

4. A denial of an application pursuant to this subsection shall be without prejudice to the filing of another application.

5. A copy of the notice of denial shall be sent to the regional administrator for OSHA.

F. Adequate Applications.

1. The administrator may grant the request for variance provided that:

a. Data supplied by the applicant, the UOSH variance inspection, as applicable, and information and testimony affords adequate protection for the affected employees;

b. Notification of approval shall follow the pattern described in Subsections R614-1-9(C)(2) and (3);

c. Limitations, restrictions, or requirements which become part of the variance shall be documented in the letter granting the variance.

2. The administrator's decision shall be deemed final subject to Subsection 34A-6-202(6) of the Utah OSH Act.

G. Public Notice of a Granted Variance, Limitation, Variation, Tolerance or Exemption.

1. This subsection does not apply to orders issued under Section 34A-6-202 of the Utah OSH Act.

2. Final actions granting a variance, limitation, variation, tolerance or exemption under this rule shall be published in the Utah State Bulletin pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Every such final action shall specify the alternative to the standard involved which the particular variance permits.

H. Acceptance of Federally Granted Variances.

1. Where a variance has been granted by OSHA, following federal promulgation procedures, the administrator shall take the following action:

a. Compare the federal OSHA standard for which the variance was granted with the equivalent UOSH standard.

b. Identify possible application in Utah.

c. If the UOSH standard under consideration for application of the variance has exactly or essentially the same intent as the federal standard and there is the probability of a multi-state employer doing business in Utah, then the administrator shall accept the variance and promulgate it for Utah under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. d. If the variance has no apparent application to Utah industry, or to a multi-state employer in Utah, or if it conflicts with Utah legislative intent, or established policy or procedure, the federal variance shall not be accepted. In such case, the regional administrator for OSHA will be so notified.

I. Revocation of a Variance.

1. Any variance, whether approved by UOSH or accepted by UOSH based on federal approval, may be revoked by the administrator if it is determined through on-site inspection that:

a. The employer is not complying with provisions of the variance as granted;

b. Adequate employee safety is not given by the original provisions of the variance; or

c. A more stringent standard has been promulgated, is in force, and conflicts with prior considerations given for employee safety.

2. A federally approved national variance may be revoked by UOSH for a specific worksite or place of employment within Utah for reasons cited in Subsection R614-1-8(I)(1). Such revocations must be in writing and give full particulars and reasons prompting the action. Full rights provided under the law, such as hearings, etc., must be the employer.

3. Permanent variances may be revoked or changed only after being in effect for at least six months.

J. Coordination.

All variances issued by the administrator will be coordinated with OSHA to ensure consistency and avoid improper unilateral action.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-9 Retaliation

A. Section 34A-6-203 of the Utah OSH Act provides protection for employees who engage in protected activities under or related to the Utah OSH Act.

B. Engagement in Protected Activity. To establish a violation of Section 34A-6-203, the employee's engagement in protected activity need not be the sole consideration behind discharge or other adverse action. If protected activity was a substantial reason for the action, or if the discharge or other adverse action would not have taken place "but for" engagement in protected activity, Section 34A-6-203 has been violated.

C. Notification of Division's Findings.

Within 90 days of receipt of a whistleblower complaint, the division is to issue to the complainant and the respondent an order of the division's findings of whether a violation has or has not occurred, in accordance with Subsection 34A-6-203(2)(c) of the Utah OSH Act. This 90-day provision is considered directory in nature whereas there may be instances when it is not possible to meet the directory period set forth in this rule.

D. Memorandum Submission -- Length.

A memorandum is a formal written document or other written communication that supports or opposes a party's position. Without prior approval of the division, supporting and opposing memoranda shall not exceed a total of 15 pages, and reply memorandum shall not exceed seven pages. The page limits exclude exhibits and attachments. Memoranda must be clearly legible and use a font size no smaller than 12-point.

1. The page limitations are inclusive of headings, table of contents, introduction, background, conclusion, statement of issues and facts, and arguments.

2. The division shall not consider anything contained on pages which exceed the page limits.

3. If a memorandum is to exceed the page limitations set forth in this rule, approval of the division must first be obtained. A request for approval must include a statement of the reasons why additional pages are needed and specify the number required. The division may approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such a showing by the requesting party, such requests will not be approved.

4. Other than one supporting memorandum, one opposing memorandum, and one reply memorandum, no other memoranda shall be considered by the division, unless exceptional circumstances exist as determined by and at the discretion of the division.

E. Employee Refusal to Comply with Safety Rules.

Employees who refuse to comply with occupational safety and health standards or valid safety rules implemented by the employer in furtherance of the Utah OSH Act are not exercising any rights given by the Utah OSH Act. Disciplinary measures taken by employers solely in response to employee refusal to comply with appropriate safety rules and regulations will not ordinarily be regarded as retaliatory action prohibited by Section 34A-6-203 of the Utah OSH Act.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-1-10 Rules of Agency Practice and Procedure Concerning UOSH Access to Employee Medical Records

A. Policy.

UOSH access to employee medical records will in certain circumstances be important to the agency's performance of its statutory functions. Medical records, however, contain personal details concerning the lives of employees. Due to the substantial personal privacy interests involved, UOSH authority to gain access to personally identifiable employee medical information will be exercised only after the agency has made a careful determination of its need for this information and only with appropriate safeguards to protect individual privacy. Once this information is obtained, UOSH examination and use of it will be limited to only that information needed to accomplish the purpose for access. Personally identifiable employee medical information will be retained by UOSH only for so long as needed to accomplish the purpose for access, will be kept secure while being used, and will not be disclosed to other agencies or members of the public except in narrowly defined circumstances. This section establishes procedures to implement these policies.

B. Scope and Application.

1. Except as provided in Subsection R6141-10(6) through (10), this rule applies to all requests by UOSH personnel to obtain access to records to examine or copy personally identifiable employee medical information, whether or not pursuant to the access provision of 29 CFR 1910.1020(e).

2. For this rule, "employer" means a current employer, a former employer, or a successor employer.

3. For this rule, "personally identifiable employee medical information" means employee medical information accompanied by either direct identifiers, such as name, address, social security number, payroll number, etc. or by information which could reasonably be used in the particular circumstances indirectly to identify specific employees, such as exact age, height, weight, race, sex, date of initial employment, job title, etc..

4. For this rule, "record" means any item, collection, or grouping of information regardless of the form or process by which it is maintained.

5. Specific written consent.

a. For this rule, "specific written consent" means written authorization containing the following:

(1) The name and signature of the employee authorizing the release of medical information;

(2) The date of the written authorization;

(3) The name of the individual or organization that is authorized to release the medical information;

(4) The name of the designated representative, individual or organization, that is authorized to receive the released information;

(5) A general description of the medical information that may be released;

(6) A general description of the purpose for the release of medical information; and

(7) A date or condition upon which the written authorization will expire, if less than one year.

b. A written authorization does not authorize the release of medical information not in existence on the date of written authorization, unless this is expressly authorized, and does not operate for more than one year from the date of written authorization.

c. A written authorization may be revoked in writing at any time.

6. This rule does not apply to UOSH access to, or the use of, aggregate employee medical information or medical records on individual employees which is not in a personally identifiable form.

7. This rule does not apply to records required by 29 CFR 1904, to death certificates, or to employee exposure records, including biological monitoring records, as defined by 29 CFR 1910.1020(c)(5), or by specific occupational safety and health standards as exposure records.

8. This rule does not apply where CSHOs conduct an examination of employee medical records solely to verify employer compliance with the medical surveillance recordkeeping requirements of an occupational safety and health standard, or with 29 CFR 1910.1020. An examination of this nature shall be conducted on-site and, if requested, shall be conducted under the observation of the record holder. CSHOs shall not record and take off-site any information from medical records other than documentation of the fact of compliance or non-compliance.

9. This rule does not apply to agency access to, or the use of, personally identifiable employee medical information obtained in the course of litigation.

10. This rule does not apply where a written directive by the administrator authorizes appropriately qualified personnel to conduct limited reviews of specific medical information mandated by an occupational safety and health standard, or of specific biological monitoring test results.

11. Even if not covered by the terms of this rule, all medically related information reported in a personally identifiable form shall be handled with appropriate discretion and care befitting all information concerning specific employees. There may, for example, be personal privacy interests involved which militate against disclosure of this kind of information to the public.

C. Responsible Persons.

1. Administrator. The administrator shall be responsible for the overall administration and implementation of the procedures contained in this rule, including making final UOSH determinations concerning:

a. Access to personally identifiable employee medical information, and

b. Inter-agency transfer or public disclosure of personally identifiable employee medical information.

2. UOSH medical records officer. The administrator shall designate a UOSH official with experience or training in the evaluation, use, and privacy protection of medical records to be the UOSH medical records officer. The UOSH medical records officer shall report directly to the administrator on matters concerning this section and shall be responsible for:

a. Making recommendations to the administrator as to the approval or denial of written access orders;

b. Assuring that written access orders meet the requirements of Subsections R6141-10(D)(2) and (3) of this rule;

c. Responding to employee, collective bargaining agent, and employer objections concerning written access orders;

d. Regulating the use of direct personal identifiers;

e. Regulating internal agency use and security of personally identifiable employee medical information;

f. Assuring that the results of agency analyses of personally identifiable medical information are, where appropriate, communicated to employees;

g. Preparing an annual report of UOSH's experience under this rule; and

h. Assuring that advance notice is given of intended inter-agency transfers or public disclosures.

3. Principal UOSH investigator. The principal UOSH investigator shall be the UOSH employee in each instance of access to personally identifiable employee medical information who is made primarily responsible for assuring that the examination and use of this information is performed in the manner prescribed by a written access order and the requirements of this section. When access is pursuant to a written access order, the principal UOSH investigator shall be professionally trained in medicine, public health, or allied fields, such as epidemiology, toxicology, industrial hygiene, biostatistics, environmental health, etc.

D. Written Access Orders.

1. Requirement for written access order. Except as provided in Subsection R614-1-10(D)(4), each request by a UOSH representative to examine or copy personally identifiable employee medical information contained in a record held by an employer or other record holder shall be made pursuant to a written access order which has been approved by the administrator upon the recommendation of the UOSH medical records officer. If deemed appropriate, a written access order may constitute, or be accompanied by an administrative subpoena.

2. Approval criteria for written access order. Before approving a written access order, the administrator and the UOSH medical records officer shall determine that:

a. The medical information to be examined or copied is relevant to a statutory purpose and there is a need to gain access to this personally identifiable information;

b. The personally identifiable medical information to be examined or copied is limited to only that information needed to accomplish the purpose for access; and

c. The personnel authorized to review and analyze the personally identifiable medical information are limited to those who have a need for access and have appropriate professional qualifications.

3. Content of written access order. Each written access order shall state with reasonable particularity:

a. The statutory purposes for which access is sought;

b. A general description of the kind of employee medical information that will be examined and why there is a need to examine personally identifiable information;

c. Whether medical information will be examined on-site, and what type of information will be copied and removed off-site;

d. The name, address, and phone number of the principal UOSH investigator and the names of any other authorized persons who are expected to review and analyze the medical information;

e. The name, address, and phone number of the UOSH medical records officer; and

f. The anticipated period during which UOSH expects to retain the employee medical information in a personally identifiable form.

4. Special situations. Written access orders need not be obtained to examine or copy personally identifiable employee medical information under the following circumstances:

a. Specific written consent. If specific written consent of an employee is obtained pursuant to 29 CFR 1910.1020(e)(2)(ii), and the agency or an agency employee is listed on the authorization as the designated representative to receive the medical information, then a written access order need not be obtained. When personally identifiable employee medical information is obtained through specific written consent and taken off-site, a principal UOSH investigator shall be promptly named to assure protection of the information, and the UOSH medical records officer shall be notified of this person's identity. The personally identifiable medical information obtained shall thereafter be subject to the use and security requirements of Subsections R614-1-10(H) and (I).

b. Physician consultations. A written access order need not be obtained where a UOSH staff or contract physician consults with an employer's physician concerning an occupational safety or health issue. In a situation of this nature, the UOSH physician may conduct on-site evaluation of employee medical records in consultation with the employer's physician, and may make necessary personal notes of the UOSH physician's findings. No employee medical records however, shall be taken off-site in the absence of a written access order or the specific written consent of an employee, and no notes of personally identifiable employee medical information made by the UOSH physician shall leave the UOSH physician's control without the permission of the UOSH medical records officer.

E. Presentation of Written Access Order and Notice to Employees.

1. The principal UOSH investigator, or someone under the UOSH investigator's supervision, shall present at least two copies each of the written access order and an accompanying cover letter to the employer before examining or obtaining medical information subject to a written access order. At least one copy of the written access order shall not identify specific employees by direct personal identifier. The accompanying cover letter shall summarize the requirements of this section and indicate that questions or objections concerning the written access order may be directed to the principal UOSH investigator or to the UOSH medical records officer.

2. The principal UOSH investigator shall promptly present a copy of the written access order, which does not identify specific employees by direct personal identifier, and its accompanying cover letter to each collective bargaining agent representing employees whose medical records are subject to the written access order.

3. The principal UOSH investigator shall indicate that the employer must promptly post a copy of the written access order which does not identify specific employees by direct personal identifier, as well as post its accompanying cover letter.

4. The principal UOSH investigator shall discuss with any collective bargaining agent and with the employer the appropriateness of individual notice to employees affected by the written access order. Where it is agreed that individual notice is appropriate, the principal UOSH investigator shall promptly provide to the employer enough copies of the written access order, which does not identify specific employees by direct personal identifier, and its accompanying cover letter to enable the employer either to individually notify each employee or to place a copy in each employee's medical file.

F. Objections Concerning a Written Access Order. All employees, collective bargaining agents, and employer written objections concerning access to records pursuant to a written access order shall be transmitted to the UOSH medical records officer. Unless the agency decides otherwise, access to the record shall proceed without delay notwithstanding the lodging of an objection. The UOSH medical records officer shall respond in writing to each employee's and collective bargaining agent's written objection to UOSH access. Where appropriate, the UOSH medical records officer may revoke a written access order and direct that any medical information obtained by it be returned to the original record holder or destroyed. The principal UOSH investigator shall assure that such instructions by the UOSH medical records officer are promptly implemented.

G. Removal of Direct Personal Identifiers. When employees' medical information obtained pursuant to a written access order is taken off-site with direct personal identifiers included, the principal UOSH investigator shall, unless otherwise authorized by the UOSH medical records officer, promptly separate all direct personal identifiers from the medical information, and code the medical information and the list of direct identifiers with a unique identifying number of each employee. The medical information with its numerical code shall thereafter be used and kept secured as though still in a directly identifiable form. The principal UOSH investigator shall also hand deliver or mail the list of direct personal identifiers with their corresponding numerical codes to the UOSH medical records officer. The UOSH medical records officer shall thereafter limit the use and distribution of the list of coded identifiers to those with a need to know its contents.

H. Internal Agency Use of Personally Identifiable Employee Medical Information.

1. The principal UOSH investigator shall in each instance of access be primarily responsible for assuring that personally identifiable employee medical information is used and kept secured in accordance with this section.

2. The principal UOSH investigator, the UOSH medical records officer, the administrator, and any other authorized person listed on a written access order may permit the examination or use of personally identifiable employee medical information by agency employees and contractors who have a need for access, and appropriate qualifications for the purpose for which they are using the information. No UOSH employee or contractor may examine or otherwise use personally identifiable employee medical information unless so permitted.

3. Where a need exists, access to personally identifiable employee medical information may be provided to attorneys in the Utah Office of the Attorney General (AG's Office), and to agency contractors who are physicians or who have contractually agreed to abide by the requirements of this section and implementing agency directives and instructions.

4. UOSH employees and contractors are only authorized to use personally identifiable employee medical information for the purposes for which it was obtained, unless the specific written consent of the employee is obtained as to a secondary purpose, or the procedures of Subsections R614-1-10(D) through (G) are repeated with respect to the secondary purpose.

5. When practicable, the examination of personally identifiable employee medical information shall be performed on- site with a minimum of medical information taken off-site in a personally identifiable form.

I. Security Procedures.

1. Agency files containing personally identifiable employee medical information shall be segregated from other agency files. When not in active use, files containing this information shall be kept secured in a locked cabinet or vault.

2. The UOSH medical records officer and the principal UOSH investigator shall each maintain a log of uses and transfers of personally identifiable employee medical information and lists of coded direct personal identifiers, except as to necessary uses by staff under their direct personal supervision.

3. The photocopying or other duplication of personally identifiable employee medical information shall be kept to the minimum necessary to accomplish the purposes for which the information was obtained.

4. The protective measures established by this rule apply to all worksheets, duplicate copies, or other agency documents containing personally identifiable employee medical information.

5. Intra-agency transfers of personally identifiable employee medical information shall be by hand delivery, United States mail, or equally protective means. Inter-office mailing channels shall not be used.

J. Retention and Destruction of Records.

1. Consistent with UOSH records disposition programs, personally identifiable employee medical information and lists of coded direct personal identifiers shall be destroyed or returned to the original record holder when no longer needed for the purposes for which they were obtained.

2. Personally identifiable employee medical information which is currently not being used actively but may be needed for future use shall be transferred to the UOSH medical records officer. The UOSH medical records officer shall conduct an annual review of all centrally-held information to determine which information is no longer needed for the purposes for which it was obtained.

K. Results of an Agency Analysis Using Personally Identifiable Employee Medical Information.

The UOSH medical records officer shall, as appropriate, assure that the results of an agency analysis using personally identifiable employee medical information are communicated to the employees whose personal medical information was used as a part of the analysis.

L. Annual Report. The UOSH medical records officer shall on an annual basis review UOSH's experience under this section during the previous year, and prepare a report to the administrator which shall be made available to the public. This report shall discuss:

1. The number of written access orders approved and a summary of the purposes for access;

2. The nature and disposition of employee, collective bargaining agent, and employer written objections concerning UOSH access to personally identifiable employee medical information; and

3. The nature and disposition of requests for inter-agency transfer or public disclosure of personally identifiable employee medical information.

M. Inter-Agency Transfer and Public Disclosure.

1. Personally identifiable employee medical information shall not be transferred to another agency or office outside of UOSH, except to the Attorney General's Office. or disclosed to the public, other than to the affected employee or the original record holder, except when required by law or when approved by the administrator.

2. Except as provided in Subsection R614-1-10(M)(3), the administrator shall not approve a request for an inter- agency transfer of personally identifiable employee medical information, which has not been consented to by the affected employees, unless the request is by a public health agency which:

a. Needs the requested information in a personally identifiable form for a substantial public health purpose;

b. Will not use the requested information to make individual determinations concerning affected employees which could be to their detriment;

c. Has regulations or established written procedures providing protection for personally identifiable medical information substantially equivalent to that of this section; and

d. Satisfies an exemption to the Government Records Access and Management Act (GRAMA) to the extent that the access to records section of GRAMA applies to the requested information.

3. Upon the approval of the administrator, personally identifiable employee medical information may be transferred to:

a. NIOSH and

b. The AG's Office when necessary with respect to a specific action under the Utah OSH Act.

4. The administrator shall not approve a request for public disclosure of employee medical information containing direct personal identifiers unless there are compelling circumstances affecting the health or safety of an individual.

5. The administrator shall not approve a request for public disclosure of employee medical information which contains information which could reasonably be used indirectly to identify specific employees when the disclosure would constitute a clearly unwarranted invasion of personal privacy.

6. Except as to inter-agency transfers to NIOSH or the AG's Office, the UOSH medical records officer shall assure that advance notice is provided to any collective bargaining agent representing affected employees and to the employer on each occasion that UOSH intends to either transfer personally identifiable employee medical information to another agency or disclose it to a member of the public other than to an affected employee. When feasible, the UOSH medical records officer shall take reasonable steps to assure that advance notice is provided to affected employees when the employee medical information to be released or disclosed contains direct personal identifiers.

History

• KEY: safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

R614-2 Drilling Industry

Utah Admin. Code R614-2-1 Drilling Industry -- Administrative Provision

A. Agency.

Labor Commission, Division of Occupational Safety and Health.

B. Authority.

Title 34A, Chapter 6, Utah Occupational Safety and Health Act of 1973.

C. Scope.

1. Section 34A-6-202 establishes the authority, method, and procedures for issuance of standards by the administrator. The standards contained in R614-2-1 govern safety and health for the drilling industry and related services.

2. The administrator, following a significant number of inspections of drilling activities, has found many issues unique to the industry which require they be addressed separately and apart from the Utah Rules for General Industry Standards.

3. Further, the collection of statistical inferences by the Utah Occupational Safety and Health Statistical division indicates a substantial need for occupational safety and health standards for drilling and related services.

D. Effective Date.

January 15, 1980.

E. Variance From Safety and Health Standards.

Variances from standards which are or may be published in this part may be requested under Subsection 34A-6- 202(2)(d) of the UOSH Act. Procedures for the granting of variances or related relief are those published as Section R614-1-8.

F. Adoption of Existing Standards.

The provisions of this part adopt and extend the applicability of R614 and 29 CFR 1910 and 29 CFR 1926.

G. Inspections--Right of Entry.

1. It shall be a condition of each place of employment where work is performed that the administrator or any authorized representative shall have the right of entry to any site for the following purposes:

2. To inspect or investigate the matter of compliance with the safety and health standards contained in the General Industry Standards and the Oil, Gas, Geothermal and Related Services Standards.

3. For carrying out their investigative duties under the UOSH Act, the administrator may, by agreement, use with or without reimbursement, the services, personnel, and facilities of any state Agency.

H. Duties of Employers and Employees.

Section 34A-6-201 defines duties of employers and employees.

I. Safety Training and Education.

1. The administrator shall establish and supervise programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe conditions in employments covered by Utah OSH act.

2. Employer Responsibility.

a. The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to the employee's work environments to control or eliminate any hazards or other exposure that is likely to result in injury or illness.

b. In job site areas where harmful plants or animals are present, employees who may be exposed shall be instructed regarding the potential hazards, and how to avoid injury, and the first aid procedures to be used in the event of injury.

J. Reporting Requirements.

Each employer shall meet the requirements of Rule R614-5.

K. Incorporation by Reference.

1. 29 CFR 1910, 29 CFR 1926 and standards of the American National Standards Institute, National Fire Protection Association, National Electrical Code, and other consensus standards incorporated by reference, or referenced in this rule, shall have the same force and effect as other standards, rules, or regulations.

2. Consensus standards and any changes in the referenced standards are available for examination at UOSH, as listed in the current public telephone directory.

L. General Drilling Rules.

1. Surface casing shall be run to reach a depth to prevent blowouts or uncontrolled wells. In areas where pressures and formations are unknown, surface casing shall be of sufficient size to permit the use of an intermediate string or strings of casing. Surface casing shall be set in or through an impervious formation and shall be cemented by the pump and plug or displacement or other approved method with sufficient cement to fill the annulus to the top of the hole. If cement is not circulated to surface during the primary operation, the drilling owner or operator shall perform cemented operations to assure that the annular space from the casing shoe to the surface is filled with cement.

2. The cemented casing string shall stand under pressure until the cement has reached a compressive strength of 300 pounds per square inch; providing, however, that no further operation shall be commenced until the cement has been in place at least 8 hours. The term "under pressure" as used in this rule shall be complied with if one float valve is used or if pressure is otherwise held.

3. Setting depths of all casing string shall be determined by taking into account formation fracture gradients and the maximum anticipated pressure to be maintained within the well bore.

4. If and when it becomes necessary to run a production string, such string shall be cemented by the pump and plug method, and shall be properly tested by the pressure method before cement plugs are drilled.

5. Natural gas which may be encountered in a substantial quantity in any section of a cable-tool drilled hole above the ultimate objective shall be shut off with reasonable diligence either by mudding or casing, or other approved method and confined to its original source. Any gas escaping from the well during drilling operations shall be, so far as practicable, conducted a safe distance from the well site and burned in accordance with the Rules of the Environmental Quality Department of the State, or otherwise safely disposed of.

M. Site Clearing and Roads, General Requirements.

1. Employees engaged in site clearing shall be protected from hazards of irritant and toxic plants, and suitably instructed in the first aid treatment available.

2. All equipment used in site clearing shall be equipped with rollover guards in accordance with 29 CFR 1926.1000. In addition, rider-operated equipment shall be equipped with an overhead and rear canopy guard meeting the following requirements:

a. The overhead covering on this canopy structure shall be covered with not less than 1/8 inch steel plate or 1/4 inch woven wire mesh with openings no greater than one inch or equivalent.

b. The opening in the rear of the canopy structure shall be covered with no less than 1/4 inch woven wire mesh with openings no greater than one inch.

3. On single lane private roads with two-way traffic, arrangements shall be provided with adequate turnouts. Where adequate turnouts are not practical, a control system shall be provided to prevent vehicles from meeting on such single lane roads.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-2 Drilling Industry -- Definition of Terms

A. General Terms.

1. "Utah OSH Act" means the Utah Occupational Safety and Health Act of 1973.

2. "Administration" means the Utah Occupational Safety and Health Division within the Labor Commission.

3. "Administrator" means the director of UOSH.

4. "Commission" means the Labor Commission.

5. "Employee" includes any person permitted to work by an employer.

6. "Employer" means:

a. The state;

b. Each county, city, town, and school district in the state; and

c. Every person, firm, and private corporation, including public utilities, 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.

B. Industry Terms.

1. "Accumulator" - On a drilling rig, the nitrogen and hydraulic oil for closing the blowout preventer in an emergency is kept in an accumulator.

2. "Acidizing" - The treatment of oil-bearing limestone or other formations by chemical reaction with acid to increase production. Hydrochloric or other type acid is injected into the formation under pressure, bringing about an enlargement of the pore spaces and passages through which the reservoir fluids flow. The acid is held under pressure for a period and then pumped out; the well is swabbed and put back into production. Chemical inhibitors are combined with the acid to prevent corrosion of the pipe.

3. "A-frame" - A form of derrick or crane used to handle heavy loads.

4. "Air Drilling" - Drilling using air or gas as the circulating medium.

5. "Anchor, Deadline" - Holding the deadline to the derrick or substructure.

6. "Annular Space" - The space surrounding pipe suspended in the wellbore. The outer wall of the annular space may be an open hole or it may be a string or larger pipe.

7. "Approved" - sanctioned, endorsed, accredited certified, or accepted by a constituted and recognized authority or agency.

8. "Authorized Person" - A person approved or assigned by the employer to a specific type of duty or duties or to be at a specific location or locations at the job site.

9. "Back-up Line (Snub Line)" - A wire rope, one end of which is fastened to the end of a pipe tong handle and the other end secured to hold the tongs stationary while such tongs are in use.

10. "Back-up Post" - A post, column or stanchion secured to the derrick, derrick floor or derrick foundation, the purpose of which is to make secure the dead end of the back-up line.

11. "Back-up Tong" - The name applied to the drill pipe tong suspended in the derrick and used to hold a section of drill pipe while another section is unscrewed from it by use of another tong.

12. "Barricade" - An obstruction to deter the passage of persons or vehicles.

13. "Berm" - A pile or mound of material capable of restraining a vehicle.

14. "Bit" - The cutting element attached to the bottom of the drill stem. These are broken down into three general categories: roller bits, usually having three rolling cones with milled teeth or inserts; diamond bits using diamonds for cutting; and drag bits with fixed blades.

15. "Bleed" - To drain off liquid or gas, generally slowly, through a valve called a bleeder. To bleed down or bleed off, means a controlled release of the pressure of a well or of pressurized equipment.

16. "Block" - In mechanics, one or more pulleys or sheaves mounted to rotate on a common axis; any assembly of pulleys on a common frame work. The crown block is an assembly of sheaves mounted on beams at the top of the derrick. The drilling line, is reeved over the sheaves of the crown block alternately with the sheaves of the traveling block, which is hoisted and lowered in the derrick by the drilling line.

17. "Blowout" - A sudden, violent escape of gas and oil or water from a well.

18. "Blowout Preventer" - A device attached immediately above the casing to control pressures and prevent escape of fluids from the annular space between the drill pipe and casing or shut off the hole if no drill pipe is in the hole, should a kick or blowout occur.

19. "Board" - A platform installed in the derrick about 90 feet above the derrick floor. The derrick worker works on this board while the pipe is being hoisted from or lowered into the wellbore.

20. "Boom" - a movable arm of wood or steel used on some types of cranes or derricks to support the hoisting lines that carry the load.

21. "Bowline" - A knot much used in lifting heavy equipment with the catline. Its advantage lies in the fact that it can be readily untied irrespective of the load that has been placed on it.

22. "Breaking down" - Usually means unscrewing the drill stem into single joints and placing them on the pipe rack. This operation takes place at the completion of the well when the drill pipe will no longer be used. It also takes place when changing from one size drill pipe to another during drilling operations. It is necessary to "break the pipe down" in order that it will be in lengths short enough to be handled and moved. Also called Laying Down.

23. "Breakout Line" - Either a wire rope or a manila or fiber rope used in conjunction with a pipe tong and a cathead which serves to impart a pulling power on the tong handle to start the unscrewing or breaking of a threaded pipe joint or tool joint when the pipe is in a vertical position in the well and projecting above the rotary table.

24. "Breakout" - Refers to the act of unscrewing one section of pipe from another section, especially in the case of drill pipe while it is being withdrawn from the wellbore. During this operation the Breakout Tongs are used to start the unscrewing operation.

25. "Casing" - Steel pipe placed in an oil or gas well as drilling progresses. The function of casing is to prevent the wall of the hole from caving during drilling and to provide a means of extracting the oil if the well is productive.

26. "Cat" - A crawler type tractor noted for its ability to move over difficult terrain. It is much used in clearing the location, earth-moving operations, and skidding rigs. The operator or driver is frequently referred to as a CAT DRIVER. This term is probably a shortening of the trade name Caterpillar, which is a brand of this type of equipment.

27. "Cathead" - Is a spool shaped steel mechanical device mounted on the end of a shaft of a drawworks, well pulling hoist or other machinery onto which a fiber rope such as a catline, breakout line, make-up line, spinning line, is wrapped to impart a pulling power to such rope or line.

28. "Cathead--automatic" - A steel mechanical device, generally in such shapes as a sheave, hoist, drum, pulley or wheel, and is mounted on the shafting of a drawworks, well pulling hoist or other machinery to which is attached a breakout line, make-up line, or a spinning line. The primary purpose of the automatic cathead is to impart a pulling power on the breakout line, make-up line, and spinning line. See definitions for Breakout Line, Make-up Line and Spinning Line.

29. "Catline" - a rope, usually a manila rope which is usually reeved over a single sheave in the mast or on a sheave suspended from the derrick gin pole. It serves a general utility purpose for making pulls, lifting or lowering objects up into or from the derrick, lifting and transferring materials about the derrick floor. One end of the line is attached to the object, other end is wrapped around the cathead to effect the source of power.

30. "Cellar" - Excavation under the derrick to provide space for items of equipment at the top of the wellbore. Also serves as a pit to collect drainage of water and other fluids under the floor for subsequent disposal by jetting.

31. "Cementing" - The operation by which cement slurry is forced down through the casing and out at the lower end in such a way that it fills the space between the casing and the sides of the wellbore to a predetermined height above the bottom of the well. This is for securing the casing in place and excluding water and other fluids from the wellbore.

32. "Christmas Tree" - A term applied to the valves and fittings assembled at the top of a well to control the flow of the fluids.

33. "Circulating Fluid"--drilling Fluid, Mud - A fluid consisting of water, oil, or other liquid which may contain clay, weighting materials or chemicals which is circulated through the drill pipe and well bore during rotary drilling and workover operations.

34. "Closed-container" - A container so sealed by a lid or other device that neither liquid nor vapor will escape from it at ordinary temperatures.

35. "Collar" - Usually refers to a coupling device used to join two lengths of pipe.

36. "Combustion" - Any chemical process that involves oxidation sufficient to produce light or heat.

37. "Combustible Liquids" - Any liquid having a flash point at or above 100 degrees F. (37.8 degrees C.)

38. "Competent Person" - One who is capable of identifying existing and predictable hazards in the surroundings of working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

39. "Corrosion" - The complex chemical or electrochemical process by which metal is destroyed through reaction with its environment. The familiar coating of rust that appears on steel is a product of corrosion.

40. "Corrosive" - An agent which, in contact with animal tissue, by chemical reaction will cause more or less severe destruction and with which systematic effects are either of secondary nature or less pronounced than with poisons.

41. "Counter Weight" - A ladder climbing assist device.

42. "Crown Block" - Two or more metal beams of plates and other metal parts assembled into a framework within which are mounted one or more sheaves. The crown block is mounted on top of the derrick. The hoisting line is reeved on the crown block sheaves.

43. "Dead Line" - This refers to the end of the drilling line which is not reeled on the hoisting drum of the rotary rig. This end of the drilling line is usually anchored to the derrick substructure and does not move as the traveling block is hoisted, hence the term "dead line."

44. "Dead Man" - A buried anchor to which guy wires are tied to steady the derrick, boiler stacks, etc.

45. "Density" - The weight of a substance per unit volume. For instance, the density of drilling mud may be described as "10.0 lbs. per gallon" or "74.9 lbs. per cubic foot."

46. "Derrick" - Any one of a large number of types of load-bearing structures. In drilling work, the standard derrick has four legs standing at the corners of the substructure and reaching to the crown blocks. The substructure is an assembly of heavy beams used to elevate the derrick above the ground and provide space to install blowout preventers, casing heads, etc. The standard derrick has largely been replaced by the mast for drilling. The mast is lowered and raised without disassembly. For land transport it may be divided into two or more sections to avoid excessive length on the highway.

47. "Derrick Foundation" - Is either concrete, wood, or other solid and substantial material placed on the ground upon which the derrick is built or supported, and includes all the substructure which supports the derrick legs and derrick floor.

48. "Derrick Gin Pole" - An assembly of two or more vertical or upright members supporting one or more cross members, erected on the top of a derrick above the opening in the top thereof. It serves as a support for a block and tackle, primarily for raising or lowering the crown block to or from the top of the derrick.

49. "Derrick Ladder" - A fixed ladder attached to a derrick as a means of access to the top and/or any inside platform on the derrick.

50. "Derrick Walk" (Cat Walk) - This is a walkway extending from the V-Door Ramp beyond the outer end of the drill pipe and casing storage rack at a well, the purpose of which is to facilitate the handling of the pipe between the rack and the derrick.

51. "Derrick worker" - The crew member whose work station is in the derrick while the drill stem is being hoisted from or being lowered into the hold. The derrick worker attaches the elevators to the drill stem members as they are being lowered into hold and detaches the elevators and racks the drill stem in the finger board after it is unscrewed and set on the floor. Other responsibilities frequently include the conditioning of the drilling fluid and maintenance of the mud and slush pumps.

52. "Diesel Electric Power" - The power supplied to a drilling rig by diesel engines driving electric generators. This type of power is widely used on drilling barges and offshore platforms.

53. "Drawworks" - Includes an assembly of shafts, sprockets, chains, pulleys, belts, clutches, catheads, or other mechanical devices, suitably mounted and provided with controls, for hoisting, operating, and handling the equipment used for drilling a well or servicing a producing well. Drawworks may be either stationary or portable.

54. "Elevator" - A steel mechanical device used in connection with the hoisting equipment, suspended from the traveling block or traveling block hook, for holding in suspension pipe or sucker rods being lowered into or pulled from a well. There being so many types of elevators only the most common type is described as follows: one side of the elevator body is a gate or door which, when closed, forms a conjunction with the remaining part of the elevator body a circular opening that fits snugly around the pipe or rod just below the threaded joint, sleeve, or coupling thereof. The threaded joint, sleeve, or coupling being larger than the circular opening in the elevator body, the pipe or rods are held in suspension from the elevator.

55. "Fast Line" - The end of the drilling line which is affixed to the drum or reel. It is so called because it apparently travels with greater velocity than any other portion of the drilling line.

56. "Feed-off" - The act of unwinding a cable from a drum. Also a device on a drilling rig that keeps the weight on the bit constant, and lowers the drilling line automatically. Known as the "automatic driller."

57. "Finger Board" - A rack with fingers located in the derrick to contain the top of the stands of pipe while they are racked in the derrick.

58. "Finger Brace" - Any structural member either in direct or indirect contact with the finger to resist either horizontal, vertical, or diagonal movement of the finger.

59. "Firefighter" - The member of the crew on a steam-powered rig who is responsible for the care and operation of the boilers. On a mechanical rig, the firefighter's counterpart is the motorperson.

60. "Fish" - An object accidentally lost in the hole.

61. "Fishing" - Operations on the rig for retrieving from the wellbore sections of pipe, casing or other items which may have become stuck or inadvertently dropped in the hole.

62. "Flammable" - Capable of being easily ignited,burning intensely, or having a rapid rate of flame spread.

63. "Flammable Liquid" - Any liquid having a flash point below 100 degrees F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100 degrees F.

64. "Flare" - An open flame used to dispose of unwanted gas.

65. "Flash Point" - The temperature of the liquid at which it gives off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the vessel used as determined by appropriate test procedure and apparatus as specified below.

a. The flash point of liquids having a viscosity less than 45 Saybolt Universal Seconds at 100 degrees F. or 37.8 degrees C. and a flash point below 175 degrees F. (79.4 degrees C.) shall be determined in accordance with the Standard Method of Test for Flash Point by the Tag Closed Tester, American Standard Testing Method ASTM D-56-69. b. The flash point of liquids having a viscosity of 45 Saybolt Universal Seconds or more at 175 degrees C. or higher shall be determined in accordance with the Standard Method of Test for Flash Point by the Pensky Martens Closed Tester,(ASTM) D-93-69.

66. "Floor Hole" - An opening measuring less than 12 inches but more than 1 inch in its least dimension in any floor, roof, or platform through which materials but not persons may fall, such as a belt hold, pipe opening, or slot opening.

67. "Floor Opening" - An opening measuring 12 inches or more in its least dimension in any floor, roof, or platform through which persons may fall.

68. "Floorworker" - A member of the drilling crew whose work station is usually on the derrick floor.

69. "Fracturing"(Formation) - A method of stimulating production by increasing the permeability of the producing formation. Under extremely high hydraulic pressure, a fluid such as distillate, diesel fuel, crude oil, dilute hydrochloric acid, water, or kerosene is piped downward through production tubing or drill pipe and forced out below a packer between two packers. The pressure causes cracks to open in the formation, and the fluid penetrates the formation through the cracks. Sand grains, aluminum pellets, walnut shells, or similar materials are carried in suspension by the fluid into the cracks. These are called propping agents. When the pressure is released at the surface, the fracturing fluid returns to the well. The cracks partially close on the pellets, leaving channels for oil to flow around them to the well. Sometimes shortened to "Frac."

70. "Gas Cut Mud" - Mud with entrained formation gas which gives the mud a characteristic fluffy texture.

71. "Gas" or "Gases" - The vapor state of the hydrocarbons occurring in, or derived from, petroleum or natural gas.

72. "Gel" -A gelatinous substance formed by certain colloidal dispersions at rest. Gel Strength is a measure of the ability of a colloidal dispersion to form such a gel, and is based upon its resistance to shear. The gel strength of a drilling mud determines its ability to hold solids in suspension, and for this reason bentonite and other colloidal clays are added to drilling fluids. It is important that the gel formed by the mud, when drilling is not in progress, be thixotropic--that is, it should be readily converted to a fluid state by agitation and then gel again when at rest to prevent the cuttings from settling to the bottom of the hole.

73. "Geronimo Escape Line" - A wire line attached near the board which has a man-riding trolley to convey personnel to the ground by use of a friction control speed device.

74. "Handrail" - A bar or pipe supported on brackets from a wall or partition, as on a stairway or ramp, to furnish persons with a handhold in case of tripping.

75. "Hazardous Substance" - A substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, causing irritation, or otherwise harmful, is likely to cause death or injury.

76. "Kelly" - The heavy square or hexagonal steel pipe which goes through the rotary table and in conjunction with the drive bushing turns the drill string.

77. "Kelly Cock" - A valve installed between the swivel and the kelly. When a high pressure backflow begins, the operator can close this valve and keep the pressure off the swivel and rotary hose.

78. "Liquefied Petroleum Gases" - "LPG: and LP-Gas" mean and include any material which is composed predominantly of any of the following hydrocarbons or mixtures of them, such as propane, propylene, butane, normal butane or iso-butane, and butylenes.

79. "Log" - A running account listing a series of events in chronological order. The driller's log is a tour-to-tour account of progress made in drilling. An electric well log is the record of geological formations which is made by a well logging device. This device operates on the principle of differential resistance of various formations to the transmission of electric current.

80. "Logging" - A generic term used when instruments are run in the hole for any of several purposes during drilling or completion operations.

81. "Lubricator" - An extension of casing or tubing above a valve on top of the casing or tubing head. Lubricators are supplied with a pack-off, or pressure sealing, device at the upper end to afford a seal on the wireline, or other connection, attached to tools run into a well.

82. "Making a Trip" - Consists of hoisting the drill pipe to the surface and returning it to the bottom of the wellbore. This is done for changing bits, preparing to take a core, and for other reasons.

83. "Motorperson" - The man on a mechanical rotary drilling rig responsible for the care and operation of the drilling engines.

84. "Mouse Hole" - A shallow cased hole close to the rotary table through the derrick floor in which a joint of drill string can be placed to facilitate connecting the joint to the kelly.

85. "Mud" - The liquid that is circulated through the wellbore during rotary drilling and workover operations. In addition to its function of bringing cutting to the surface, drilling mud also cools and lubricates the bit and drill string, protects against blowouts by containing subsurface pressures, and deposits a mud cake on the wall of the borehole to prevent loss of fluids to the formations. Although it originally was a suspension of earth solids, especially clays, in water, the mud used in modern drilling operations is a somewhat more complex three-phase mixture of liquids, reactive solids, and inert solids. The liquid phase may be fresh water, diesel oil, or crude oil, and may contain one or more conditioners.

86. "Mud Balance" - An instrument consisting of a cup and graduated arm with a sliding weight and resting on a fulcrum, used to measure weight of the mud.

87. "Mud Gun" - A pipe that shoots a jet of drilling mud under high pressure into the mud pit to mix the additives and stir the mud for other reasons.

88. "Mud Log" - To record information derived from examination and analysis of return circulation mud and drillbit cuttings.

89. "Mud off" - In drilling, to seal the hole off from the formation water or oil by using mud. Applies especially to the undesirable blocking off the flow of oil from the formation into the wellbore. Special care is given to the treatment of drilling fluid to avoid this.

90. "Mud Pit" - The reservoir or tank through which the drilling mud is cycled to allow sand and fine sediments to settle out, where additives are mixed with mud, and where the fluid is temporarily stored before being pumped back into the well. Mud pits may be further classified as the shaker pit, settling pit, and suction pit, according to their main purpose.

91. "Mud (Slush) Pump" - A large single (triplex) or double (duplex) acting pump used to circulate mud down the drill pipe and up the annulus, under normal operations. It is a piston type pump whose pistons reciprocate in replaceable liners.

92. "Outside Derrick Platform" - A walkway extending across one or more outer sides of a derrick at an elevation of 10 feet or more above the derrick floor.

93. "Pipe Rack" - A series of parallel heavy wooden or steel bents, secured in place by bracing, on which pipe is stored. Flooring may be laid upon the bents.

94. "Platform" - A working space for persons, elevated above the surrounding floor or ground, such as a balcony or platform for the operation of machinery and equipment.

95. "Pressure Relief Device" - A device for relieving pressure, such as a direct spring-loaded safety valve, rupture disc, or piston shear pin valve.

96. "Prime Mover" - As applied to oil well drilling, this is the steam or diesel engine, electric motor, or other internal combustion engine which is the source of power for the drilling rig.

97. "Qualified" - Means one who, by possession of a recognized degree, certificate, or professional standing, or who by knowledge, training and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work, or the project.

98. "Ram" - On a blowout preventer, the closing and sealing component.

99. "Respiratory Equipment" - Is approved self-contained oxygen breathing apparatus, canister-type gas masks, air hose masks, and other approved equipment providing equivalent protection.

100. "Rig" - All mechanical equipment directly connected with the drilling of a well or for producing petroleum from a well.

101. "Rigging down" - The act of dismantling the drilling rig and auxiliary equipment following the completion of drilling operations. Also referred to as tearing down.

102. "Rigging up" - The act of assembling the drilling rig and auxiliary equipment before commencement of drilling operations.

103. "Rotary Drilling" - The drilling method by which a hole is drilled by a rotating bit to which a downward force (drill collars) is applied. The bit is fastened to and rotated by the drill stem, which also provides a passage for the circulating fluid.

104. "Rotary Hose" - The hose that conducts the circulating fluid from the standpipe to the swivel and kelly.

105. "Roustabout" - A laborer who assists the supervisor in the general work about producing oil wells and around the property of the oil company. Also used on large offshore drilling rigs to help maintain the rig and load and unload material.

106. "Runway" - A passage for a person, elevated above the surrounding floor or ground level, such as a footwalk along shafting or a walkway between buildings.

107. "Safety Can" - Means an approved closed-container, of not more than 5 gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire and exposure.

108. "Shale Shaker" - A vibrating screen that removes coarser cuttings from the circulating fluid before it flows into the return mud pit, desilters or desanders.

109. "Shall" - Means mandatory.

110. "Shutdown" - A term denoting that work has been temporarily stopped as on an oil well.

111. "Slurry" - Any mixture of solids and water or cement slurry which is pumped into the well to cement casing or plug back.

112. "Source of Ignition" - Any flame, arc, spark, or heat which is capable of igniting flammable liquids, sour gas, or oil, gases, or vapors.

113. "Spudding" - Refers to the act of hoisting the drill stem and permitting it to fall freely so that the drill bit strikes the bottom of the wellbore or bridge with considerable force. This is done to clean the bit of an accumulation of sticky shale which has slowed the rate of penetration and remove bridges or other obstructions. Careless execution of this operation can result in kinks in the drill string as well as damaged bit cones and bearings.

114. "Spudding in" - The very beginning of drilling operations of a well. The term has been handed down from cable tool operations in the early days of the oil industry.

115. "Stabbing Board" - A temporary platform in the derrick, 20 to 40 feet above the floor, on which a crew member works while casing is being run to guide a joint while it is being screwed into the joint in the rotary table.

116. "Stair Railing" - A vertical barrier erected along exposed sides of a stairway to prevent falls of persons.

117. "Stairs" or "Stairways" - A series of steps leading from one level or floor to another, or leading to platforms, pits, boiler rooms, crossovers, or around machinery, tanks, and other equipment that are used more or less continuously or routinely by employees or only occasionally by specific individuals. A series of steps and landings having three or more rises constitutes stairs or stairway.

118. "Standard Railing" - A vertical barrier erected along exposed edges of a floor opening, wall opening, ramp, platform, or runway to prevent falls of persons.

119. "Standpipe" - Part of the circulating system. A pipe extending, usually along a derrick leg, to a height suitable for attaching the rotary hose.

120. "Substructure" - The foundation on which, normally, the derrick and engines sit. Height varies depending upon the equipment required, such as the blowout preventers, for the particular operation.

121. "Swabbing" - Operation of a lifting device on a wireline to bring well fluids to the surface when the well does not flow naturally. This is a temporary operation to determine whether or not the well can be made to flow or require artificial lift or stimulation to bring oil to the surface.

122. "Thribble" - A stand of drill pipe made up of three joints, each about 30 feet in length.

123. "Toeboard" - A vertical barrier at floor level erected along exposed edges of a floor opening, wall opening, platform, runway, or ramp to prevent falls of materials.

124. "Toolpusher" - The rig owner's supervisor who is in charge of one or more rigs. Usually the drilling contractor's highest level of direct field supervision.

125. "Tour" - The word which designates the shift of a drilling crew or other oil field workers.

126. "Traveling Block" - Two or more steel plates and other metal parts assembled into a framework within which are mounted one or more sheaves on which the hoisting line is reeved in connection with the sheaves on the crown block.

127. "Traveling Block Hook" - A hook suspended from the traveling block to which the elevator links, swivel bail, or other equipment is attached.

128. "V-door Ramp" - A ramp on the side of the drilling rig where pipe is laid to be lifted to the derrick floor by the catline.

129. "V-door (Window)" - An opening in a side of a standard derrick at the floor level having the form of an inverted V. This opening is opposite the drawworks. It is used as an entry to bring in drill pipe and casing from the pipe rack.

130. "Vapor Proof" - A term used to describe a product which is not susceptible to the action of gases or other vapors.

131. "Viscosity" - A measure of liquid's resistance to flow. The viscosity of petroleum products or mud is usually expressed, and measured by the time it takes for a certain volume to flow through an orifice of specific size.

132. "Wall Opening" - An opening at least 30 inches wide, in any wall or partition, through which persons may fall, such as a yard-arm doorway or chute opening.

133. "Weight Indicator" - Instrument on a drilling or workover rig, which shows the weight suspended from hook.

134. "Weighting Material" - A material used to increase the density of drilling fluids or cement slurries.

135. "Wellbore" - The hole made by the drilling bit.

136. "Wildcat" - A well in unproved territory. With present day exploration methods and equipment about one wildcat of every 10 drilled proves to be commercially productive.

137. "Wildcatter" - One who drills wells in the hope of finding oil in territory not known to be an oil field.

138. "Wind Load Rating" - A specification of a derrick used to indicate the resistance of the derrick to the force of wind.

139. "Workover" - To perform one or more of a variety of remedial operations on a producing oil well with the hope of restoring or increasing production. Examples of workover operations are deepening, plugging back, pulling and resetting the line, squeeze cementing, shooting and acidizing.

140. "Well Servicing" or "Special Services" - Consists of, the operations listed in the 1972 Standard Industrial Classifications Manual under "1382 Oil and Gas Field Services" and "1389 Oil and Gas Field Services, Not Elsewhere classified."

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-3 Drilling Industry -- General Safety and Health Provisions

A. General Requirements.

Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, hot surfaces, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact.

B. First Aid Supplies and Training.

1. Every operation subject to the provision of these orders shall at all times have a supply of first aid equipment, 24 unit min. which shall be conveniently located so as to be readily accessible. The first aid supplies shall be encased in suitable sanitary storage places so as to protect them from contamination, and the contents of the kits replenished as used.

2. At least one employee at the work site shall be trained in first aid and rescue operations.

3. First aid equipment shall be provided. This equipment shall be stored in sanitary places which are conveniently and accessibly located. First aid equipment shall include: one set of arm and leg splints; two all-wool blankets or blankets equal in strength and fire resistance; and one stretcher. Where harmful chemicals are being used, readily accessible facilities shall be available for rapid flushing of the eyes and skin areas.

4. Provisions shall be made before commencement of the project for either prompt transportation of an injured person to a physician or hospital, or an effective communication system for contacting necessary ambulance service.

5. The telephone numbers of the physician, hospitals, or ambulances shall be conspicuously posted.

C. Housekeeping.

Good housekeeping is the first law of accident prevention and shall be a primary concern of all supervisors and workers. An excessively littered or dirty work area will not be tolerated as it constitutes an unsafe, hazardous condition of employment.

D. Pressure Vessels and Boilers.

1. Pressure Vessels: Shall be built in accordance with the requirements for Unfired Pressure Vessels of the ASME Boiler and Pressure Vessel Code, pursuant to Section 34A-7-102.

2. Boilers: Boilers provided by the employer shall be in compliance with the requirements of this rule when evidence of current and valid certification by an insurance company or regulatory authority attesting to the safe installation, inspection, and testing is presented.

E. Employee-Owned Equipment.

Where employees provide their own protective equipment, the employer shall be responsible to assure that it meets the appropriate American National Standard Institute or a national consensus standard.

F. Head Protection.

1. The employer shall require the use of Class A protective helmet (Safety Hard Hat) where there is a hazard from flying or falling objects.

2. Where there is a risk of injury from hair entanglement in moving parts of machinery, employees shall confine their hair to eliminate the hazard.

G. Eye and Face Protection.

Employees shall be provided with eye and face protective equipment when machines or operations present potential eye or face injury from physical, chemical, or radiation agents.

H. Respiratory Protection.

1. When necessary appropriate respiratory protective devices shall be provided by the employer and shall be used.

2. The employer shall provide and shall require employees to use self-contained breathing apparatus or supplied air respirators in atmospheres which have an oxygen concentration of less than 19.5%. All units shall be of a pressure demand type or a positive pressure type.

3. All respiratory devices regardless of type shall be selected, used, and maintained in accordance with 29 CFR 1910.134 "Respiratory Protection" of the Utah Occupational Safety and Health Rules.

a. The air from a regular compressed air line may be used for breathing air systems if:

b. A trap and carbon filter are installed and regularly maintained to remove oil, water, scale, and odor;

c. A pressure reducing diaphragm or valve is installed to reduce pressure down to requirements of the particular type of respirator; and

d. An automatic control is provided to either sound an alarm or shut down the compressor in case of over-heating.

I. Occupational Noise Exposure.

1. Protection against the effects of noise exposure shall be provided when the sound levels exceed those shown in the following permissible noise exposure table when measured on the "A" scale of a standard sound level meter at slow response. When noise levels are determined by octave band analysis, the equivalent A-weighted sound level may be determined by referring to 29 CFR 1910.95(a), Figure G-9.

2. When employees are subjected to sound exceeding those listed in the following table, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of the table, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table.

TABLE 1

PERMISSIBLE NOISE EXPOSURES

Duration per Sound level dBA

day, hours slow response

8 90

6 92

4 95

3 97

2 100

1-1/2 102

1 105

1/2 110

1/4 or less 115

When the daily noise exposure is composed of

two or more periods of noise exposure of

different levels, their combined effect should

be considered, rather than the individual

effect of each. If the sum of the following fractions: C 1 /T 1 + C 2 /T 2 ...C n /T n exceeds unity,

then the mixed exposure should be considered

to exceed the limit value. C n indicates the

total time of exposure at a specified noise

level, and T n indicates the total time of

exposure permitted at that level.

3. Exposure to impulsive or impact noise shall not exceed 140 dB peak sound pressure level.

4. Variations in sound levels

a. If the variations in noise levels involve maxima at intervals of 1 second or less, it is to be considered continuous.

b. In all cases where the sound levels exceed the values shown, a continuing, effective hearing conservation program shall be administered.

5. Audiometric Tests.

a. Audiometric testing may be requested by the UOSH administrator when individual hearing loss is in question. These tests shall be arranged for by the employer and shall be given under medical supervision.

b. To ensure accurate audiograms, the facilities must meet the following minimum standards:

c. Test Room. Audiograms shall be obtained only in environments which meet the requirements of the American National Standards Institute for background noise.

d. Audiometer. Audiometers shall meet the specifications of the American National Standards Institute and should be maintained in calibration in accordance with recognized procedures.

J. Working Over or Near Water.

Employees working over or near water, where the danger of drowning exists, shall be provided with U.S. Coast Guard approved life jackets or buoyant work vests.

K. Occupational Foot Protection.

The employer shall require employees to wear safety shoes or boots in the working areas.

L. Safety Harnesses, Lifelines, and Lanyards.

1. The employer shall require and provide an approved safety harness suitable for the particular job or hazard exposure, which shall be attached by a tailrope or lanyard to a fixed anchor and adjusted to allow a maximum drop of 6 feet in case of fall, except when working on the fingerboard or when longer tag lines are necessary to perform the work required.

2. A separate life line shall be provided for each employee exposed to the particular job or hazard.

3. Safety harnesses and life lines shall be checked before each use and shall be repaired or replaced if found to be defective.

M. Emergency Escapes.

1. A Safety Buggy with an adequate braking device shall be installed on an escape line and kept at the derrick worker's working platform.

2. The Safety Buggy and escape line shall be checked by the derrick worker before each trip.

3. An escape line shall be a wire rope of suitable diameter and type. It shall be kept free of obstruction.

4. Tension on the escape line shall be such that a 180 lb. worker sitting in the Safety Buggy will touch the ground at least 20 feet from the anchor.

5. The length of the escape line shall be adequate to assure no less than a 45 degree descent from the vertical plane and shall be securely anchored both at the ground and to the rig.

N. Gases, Vapors, Fumes, Dusts, and Mists.

1. Occupational asbestos exposure shall be controlled in accordance with 29 CFR 1910.1001 of the Utah Occupational Safety and Health Rules.

2. Exposure to contaminants shall be limited by the regulations set forth in Chapter Z of the Utah Occupational Safety and Health Rules.

O. Ionizing Radiation.

Sources of ionizing radiation not regulated by the Nuclear Regulatory Commission shall be regulated by 29 CFR 1910.96 of the Utah Occupational Safety and Health Rules.

P. Non-Ionizing Radiation.

Non-ionizing radiation exposure shall be regulated by 29 CFR 1926.54; and 29 CFR 1910.97.

Q. Hydrogen Sulfide (H 2 S) Gas.

1. Area Definitions

a. No Hazard Area - any well which will not penetrate a known H 2 S horizon.

b. Low Hazard Area - any well which will penetrate a formation containing H 2 S with a known .35 psi/ft. B.H. pressure gradient or less and in which the H 2 S zone has been effectively sealed off by casing-cementing or cementing method.

c. Medium Hazard Area - any well which will penetrate a formation containing H 2 S not defined in Subsection R614-2- 3(Q)(1)(a) and (b).

d. High Hazard Area - any operation expected to bring free H 2 S Gas to the surface, such as, Drill Stem Testing (DST), production testing, etc.

2. H 2 S Safety Equipment Procedures.

a. The well operator and employer will require that the following safety equipment shall be provided and operational on site before the hole is 500 feet above any formation as defined in Subsection R614-2-3(Q)(1). suspected or known to contain H 2 S Gas.

(1) No Hazard Area:

(a) No special H 2 S equipment shall be required.

(2) Low Hazard Area:

(a) Two 30 minute self-contained breathing apparatuses for emergency use only.

(3) Medium Hazard Area:

(a) Air masks with emergency escape cylinders for each employee.

(b) Two 30 minute self-contained breathing apparatuses for emergencies.

(c) Three wind socks or streamers.

(d) Oxygen powered resuscitator with cylinder.

(e) 2-Gas detectors (pump type).

(f) A separate warning system.

(4) High Hazard Area:

(a) Manifold air masks with emergency escape cylinders for each employee.

(b) Two 30 minute self-contained breathing apparatuses for emergencies.

(c) Three wind socks or streamers.

(d) Oxygen powered resuscitator with cylinder.

(e) Two Gas detectors (pump type).

(f) A separate warning system.

3. The employer shall assure that in High Hazard Areas no employee is permitted on location without H 2 S safety training, except for instruction purposes.

4. The well operator shall provide two means of egress on each location in a High Hazard Area.

5. A means of communications or instructions for emergency procedures shall be established and maintained on location along with the names and telephone numbers of the person to be informed in case of emergencies.

6. Employee Instructions.

a. Employees shall be instructed in the use of all H 2 S safety equipment before being allowed on the location.

b. The instruction of personnel shall include the following elements.

c. Employees shall be informed of the characteristics of H 2 S and its hazards.

d. Proper first aid procedures to be used in a H 2 S knock down.

e. Use of personal protective equipment.

f. Use and operation of H 2 S monitoring systems.

g. Corrective action and shut down procedures.

7. The employer shall be able to show through training or experience that the person giving H 2 S safety instruction is qualified to give such instructions.

8. Signs shall be posted 500 feet from the location, when possible, on each road leading to the location warning of the hazard of H 2 S.

9. All H 2 S safety equipment shall be checked to assure readiness before each tour change.

R. Illumination.

1. Lighting in the work place shall be sufficient to enable the employees to see clearly enough to perform their work safely.

2. Vehicle lights shall not be used for lighting of rig operations in lieu of rig lights, except in emergency.

S. Sanitation.

1. Potable Water.

a. An adequate supply of potable water shall be provided in all places of employment.

b. Portable containers used to dispense drinking water shall be capable of being tightly closed, and equipped with a tap. Water shall not be dipped from containers.

c. Any container used to distribute drinking water shall be clearly marked as to the nature of its contents and not used for any other purpose.

d. The common drinking cup is prohibited.

2. Toilet Facilities.

a. Under temporary field conditions at any work site, provisions shall be made to assure that not less than one toilet facility is available.

b. Toilets shall be maintained in a clean and sanitary condition.

3. Temporary Sleeping Quarters. When temporary sleeping quarters are provided, they shall be heated, ventilated, and lighted.

4. Washing Facilities. The employer shall provide adequate washing facilities for employees engaged in operations where contaminants may be harmful to the employees.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-4 Drilling Industry -- Fire Protection and Prevention

A. Fire Protection.

1. The employer shall be responsible for the development of a fire protection program to be followed throughout all phases of operation work, and shall provide for the firefighting equipment. As fire hazards occur, there shall be no delay in providing the necessary equipment.

2. Access to all available firefighting equipment shall be maintained at all times.

3. A minimum of four 20#, Class B-C fire extinguishers or equivalent shall be conveniently located at the rig.

4. A minimum of two 20#, Class B-C fire extinguishers or equivalent shall be conveniently located on well service units.

B. Fire Prevention.

1. All sources of ignition shall be prohibited at or in the vicinity of all operations that constitute a fire hazard, unless adequate protection is provided.

2. Smoking shall be prohibited at or in the vicinity of operations which constitute a fire hazard, and shall be conspicuously posted: "No Smoking."

3. An exhaust pipe from any internal combustion engine, located within 75 feet of any well bore, process vessel, oil storage tank, or other source of ignitable vapor, shall be so constructed and used so that any emission of flame along its length or at its end is prevented.

4. Burning stoves and open fires shall not be permitted within 75 feet of the wellbore, except for purpose of maintenance and repair.

5. Engine-driven light plants shall be located at least 75 feet from the wellbore unless properly protected to prevent source of ignition.

6. Oil and Grease Hazards. Oxygen cylinders and fittings shall be kept away from oil or grease.

7. When lighting a flare pit, the lighting shall be done from the upwind side. When there is no wind or when the wind direction is uncertain, no attempt shall be made to light the pit unless the operator can be positioned in an explosive-free area. The use of hand thrown rags or similar flaming objects shall be prohibited.

a. A pilot flame shall be maintained at the end of the discharge line at all times when air, gas, or mist drilling is in progress.

C. Flammable Liquids.

1. General Requirements.

a. Only approved containers and portable tanks shall be used for storage and handling of flammable liquids. Approved safety cans shall be used for the handling and use of flammable liquids in quantities less than 5 gallons. For quantities of one gallon or less, only the original container or approved safety cans shall be used for storage, use, and handling of flammable liquids.

b. No material used for cleaning shall have a flashpoint less than 100 degrees F. Examples of materials which may have flashpoints below 100 degrees F. are Gasoline, Naphtha, etc.

c. No smoking or open flame shall be allowed within 25 feet of the handling of flammable liquids. Any engine being refueled shall be shut off during such refueling except diesel engines.

d. An electrical bond shall be maintained between containers when a flammable liquid is being transferred from one to the other.

e. Dispensing nozzles and valves shall be of the self-closing type.

f. Except for the fuel in the tanks of the operating equipment, no flammable fuel shall be stored within 75 feet of a wellbore.

g. Drainage from any fuel storage shall be in a direction away from the well and equipment.

2. Safety Procedures for Fuel Tanks.

a. Propane or butane tanks shall be placed parallel to any side of the rig.

b. Fuel tanks shall be protected by crash rails or guards to prevent physical damage unless by virtue of their location they have this protection.

c. Fuel tank storage areas shall be kept free of weeds, debris, and other combustible material not necessary to the storage.

3. Liquid Petroleum Gas (LPG).

a. Liquid Petroleum Gas (LPG) shall be handled in accordance with NFPA 58-69 "Standard for Handling of Liquefied Petroleum Gases," or according to the latest published addenda or revision of that code.

b. Utilization equipment shall have a thermal coupling or equivalent installed.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-5 Drilling Industry -- Signs, Signals and Barricades

A. Prevention Signs and Tags.

1. General. Warning signs or symbols shall be visible at all times when work is being performed, and shall be removed or covered promptly when the hazards no longer exist.

a. Regulatory signs and barricades for Hydrogen Sulfide are covered in Subsection R614-2-3(Q)(8).

2. Safety Warning Signs.

a. Warning signs shall be posted to denote any unusual hazardous situation.

b. Warning signs shall be posted in areas where the use of personal protective equipment is required.

c. Identification signs shall be conspicuously posted to locate emergency equipment.

d. Storage areas and containers of poisonous, toxic, flammable, or explosive material shall be properly labeled and appropriately stored according to content.

3. Transformers.

Signs indicating danger and prohibiting unauthorized access shall be conspicuously displayed on the housing or other enclosure around electrical equipment.

B. Signaling.

Signals between supervisors, employees, or other persons involved shall be established and agreed upon before start of operations.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-6 Drilling Industry -- Materials Handling, Storage and Use

A. General Requirements for Storage.

1. All materials stored in tiers shall be stacked, racked, blocked, interlocked, or otherwise secured to prevent sliding, falling, or collapse.

2. Aisles and passageways shall be kept clear to provide for the free and safe movement of material handling equipment or employees. Such areas shall be kept in good repair.

3. Noncompatible materials shall be segregated in storage.

4. Bagged materials shall be stacked by stepping back the layers and cross-keying the bags at least every 10 bags high.

B. Construction and Loading of Pipe Racks.

1. Construction of pipe racks shall be designed to support any load placed thereon.

2. Pipe racks shall be set level laterally on a stable foundation. They may slope front to back to facilitate laying down or picking up pipe.

3. Provision shall be made to prevent pipe, tubular material, or other round material from rolling off pipe racks.

4. No employee shall go between pipe racks and a load of pipe during loading, unloading, and transferring operations.

5. Pipe shall be loaded and unloaded, layer by layer, with bottom layer pinned or blocked securely on all four corners, and each successive layer effectively chocked or blocked.

6. Spacers shall be used, and evenly spaced between the layers of pipe or material on the rack.

7. When pipe is being moved or transferred between pipe racks, truck and trailer, the temporary supports for skidding or rolling shall be so constructed, placed, and anchored so as to support the load that is placed on them.

8. During freezing weather, pipe standing on end shall be positioned so as to afford proper drainage.

C. Rigging Equipment for Material Handling.

1. General.

a. Rigging equipment for material handling shall be checked use on each shift and as necessary during its use to ensure that it is safe. Defective rigging equipment shall be removed from service.

b. Rigging equipment shall not be loaded in excess of its recommended safe working load.

2. Wire Ropes.

a. Protruding ends of strands in splices on slings and bridles shall be covered or blunted.

b. An eye splice made in any wire rope shall have not less than three full tucks. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as efficient and which is not otherwise prohibited.

c. Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in hoisting or lowering, or in pulling loads shall consist of one continuous piece without knot or splice. Sand lines and winch lines are excluded.

d. Eyes in wire rope bridles, slings, or bull wires shall not be formed by knots.

e. When U-bolt wire rope clips are used to form eyes, the following table shall be used to determine the number and spacing of clips.

f. When used for eye splices, the U-bolt shall be applied so that the "U" section is in contact with the dead end of the rope.

3. Natural Rope and Synthetic Fiber.

Fiber ropes which are cut, frayed, through one or more strands, or that have been in contact with caustic, acid, or any other chemical that might weaken them shall be replaced immediately.

TABLE 2

NUMBER AND SPACING OF U-BOLT WIRE ROPE CLIPS

Improved plow NUMBER OF CLIPS Minimum

steel rope Drop Other Spacing

diameter inches forged material inches

1/2 3 4 3

5/8 3 4 3-3/4

3/4 4 5 4-1/2

7/8 4 5 5-1/4

1 5 6 6

1-1/8 6 6 6-3/4

1-1/4 6 7 7-1/2

1-3/8 7 7 8-1/4

1-1/2 7 7 9

D. Transporting, Moving, and Storing Compressed Gas Cylinders.

1. Valve protection caps shall be in place and secured.

2. When cylinders are hoisted, they shall be secured on a cradle, slingboard, or pallet. They shall not be hoisted or transported by magnets or choker slings.

3. When cylinders are transported by powered vehicles, they shall be secured in a vertical position.

4. Valve protection caps shall not be used for lifting cylinders from one vertical position to another. Bars shall not be used under valves or valve protection caps to pry cylinders loose when frozen. Warm, not boiling water shall be used to thaw cylinders loose.

5. Cylinders shall be secured in an upright position and shall be separated in storage as to full and empty cylinders and shall be separated as to contents.

6. No person other than the gas supplier shall attempt to mix gases in a cylinder. No one except the owner of the cylinder or person authorized by the owner, shall refill a cylinder. No one shall use a cylinder's contents for purposes other than those intended by the supplier.

7. No damaged or defective cylinder shall be used.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-7 Drilling Industry -- Tools - Hand and Power

A. General Requirements.

1. Condition of tools. All hand and power tools and similar equipment, whether furnished by the employer or the employees, shall be maintained in a safe condition.

2. All handheld powered tools shall be equipped with a constant pressure switch that will shut off the power when the pressure is released.

B. Hand Tools.

1. Employers shall not issue or permit the use of unsafe hand tools.

2. Impact tools, such as drift pins, wedges, and chisels, shall be kept free of mushroomed heads.

3. The wooden handles of tools shall be kept free of splinters or cracks and shall be kept tight in the tool.

C. Power Operated Hand Tools.

1. Electric power operated tools.

a. Electric power operated tools shall either be of the approved double-insulated type or grounded.

b. The use of electric cords for hoisting or lowering tools shall not be permitted.

2. Pneumatic Power Tools.

a. Pneumatic power tools shall be secured to the hose or whip by some positive means to prevent the tool from becoming accidentally disconnected.

b. Safety clips or retainers shall be securely installed and maintained on pneumatic impact (percussion) tools to prevent attachments from being accidentally expelled.

c. The manufacturer's safe operating pressure for hoses, pipes, valves, filters, and other fittings shall not be exceeded.

d. The use of hoses for hoisting or lowering tools is prohibited.

e. All hoses exceeding 1/2 inch inside diameter and having a pressure greater than 150 psi shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

3. Fuel Powered Tools.

a. All fuel powered tools shall be stopped while being refueled, serviced, or maintained.

b. When fuel powered tools are used in enclosed spaces, the applicable requirements for concentrations of toxic gases and use of personal protective equipment, as outlined in 29 CFR 1926.55 and 1926.103 shall apply.

4. Hydraulic Power Tools.

a. The fluid used in hydraulic powered tools shall be fire-resistant fluids approved under 30 CFR 1 to 199, and shall retain its operating characteristics at the most extreme temperatures to which it will be exposed.

b. The manufacturer's safe operating pressures for hose, valves, pipes, filters, and other fittings shall not be exceeded.

D. Abrasive Wheel Machinery.

1. Abrasive wheels shall be used only on machines provided with safety guards. Safety guards will be: spindle-end guards, tongue, and workrest guards.

2. Safety guards used on machines known as right angle head or vertical portable grinders shall have a maximum exposure angle of 180 degrees and the guard shall be so located so as to be between the operator and the wheel during use.

3. The maximum angular exposure of the grinding wheel periphery and sides for safety guards used on other portable grinding machines shall not exceed 180 degrees and the top half of the wheel shall be enclosed at all times.

E. Jacks-Lever and Ratchet, Screw, and Hydraulic, Except Rig Jacks.

1. The manufacturer's rated capacity shall be legibly marked on all jacks and shall not be exceeded.

2. All jacks shall have a positive stop to prevent overtravel.

3. Heavy capacity hydraulic jacks shall have a safety device which will cause the jacks to support the load in any position in event the jack malfunctions.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-8 Drilling Industry -- Welding and Cutting

A. Welders and cutters shall be well trained in the safe practices that apply to their work.

B. Welding, cutting, and brazing shall not be done in the presence of explosive gas or fumes, or near combustible materials, except when performed in compliance with 29 CFR 1910 Subpart Q.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-9 Drilling Industry -- Electrical

A. General Requirements.

1. Reference materials for electrical classifications are available at the UOSH office.

2. All electrical work, installation, and wire capacities shall be in accordance with the pertinent provisions of the National Electrical Code, 1990 Edition unless otherwise provided by regulations of this part.

B. Classification of Areas.

1. Drilling Wells. Areas surrounding wells in the process of drilling or being serviced by drilling rigs shall be classified as follows:

a. Well Head Area.

(1) When the derrick is not enclosed or is equipped with a wind-break (open top and V-door) and the substructure is open to ventilation, the areas shall be classified as shown in Fig. I-1.

(2) When the derrick floor and substructure are enclosed, the areas shall be classified as shown in Fig. I-2.

b. Mud Tank.

(1) The area around a mud tank located outdoors with unrestricted ventilation shall be classified to the extent shown in Figure I-3.

(2) The area around a mud tank located in an enclosure shall be classed Class I, Div. II to the extent of the enclosure as shown in Fig. I-4.

c. Mud Ditch.

When an open ditch or trench is used to connect between mud tanks, or between shale shaker and mud tanks; or open, active mud pits located outdoors with unrestricted ventilation, the area shall be classified as shown for mud tanks in Fig. I-3.

d. Mud Pump

The area surrounding a mud pump shall be unclassified unless it is located in an area that is classified because of some other facility.

e. Shale Shaker.

(1) The area surrounding a shale shaker with unrestricted ventilation shall be classified as shown in Fig. I-5.

(2) When the shale shaker is located in an enclosure, the area shall be classified as Class I, Division II to the extent of the enclosure.

f. Desander - desilter

(1) A desander - desilter located in an open area or in an adequately ventilated enclosure shall be classified as shown in Fig. I-6.

(2) A desander - desilter located in an inadequately ventilated enclosure shall be classified as Class I, Division II to the extent of the enclosure.

g. Degasser.

The area surrounding a degasser which is a closed system, is unclassified except for the vent from the degasser, which shall be classified as shown in Fig. I-7.

h. Open Sump

The area surrounding an open sump which contains volatile, flammable liquid shall be classified the same as for a mud tank as shown in Fig. I-3.

i. Diverter line vent.

The area around the diverter line shall be classified as shown in Fig. I-7 for gas vent.

2. Producing Oil and Gas Wells.

Areas adjacent to producing oil and gas wells shall be classified as follows:

a. Flowing well.

(1) Area around a flowing well located in an open area is unclassified where a cellar or below grade sump is not present.

(2) Area around a flowing well located in an open area with a cellar or below grade sump shall be Class I Division I below grade and Class I Division II above grade to the extent shown in Fig. I-8.

b. Artificially lifted wells.

(1) Beam pumping well.

(a) Where a cellar or below grade sump is not present, the area around a pumping well shall be Class I Division II to the extent shown in Fig. I-9.

(b) Area around a beam pumping well where a cellar or below grade sump is present shall be classified Class I Division I below grade and Class I Division II above grade to the extent shown in Fig. I-10.

(2) Well equipped with submersible, electric motor-driven pump.

(a) Area around a well in an open area being produced with a submersible electric motor-driven pump is unclassified if a cellar or below grade sump is not present.

(b) Where a cellar below grade sump is present at a well produced with a submersible, electric motor-driven pump, Class I Division I and Division II areas shall be classified as shown in Fig. I-8.

(3) Well produced with hydraulic subsurface pump.

(a) Area around a well being lifted with a hydraulic subsurface pump is not classified when there is no cellar or below grade sump.

(b) Where a cellar is present at a well being lifted with hydraulic subsurface pump, Class I Division I and Division II area shall be classified as shown in Fig. I-8.

(4) Gas liftwell.

(a) The area around a gas lift well located in an open area is unclassified when there is no cellar or below grade sump.

(b) Areas around a gas lift well that has a cellar or below grade sump shall be classified as Class I, Division I or Division II as shown in Fig. I-8.

C. Grounding and Bonding.

1. Portable or Cord and Plug-connected Equipment.

a. The noncurrent-carrying metal parts of portable or plug-connected equipment shall be grounded.

b. Portable tools and appliances protected by an approved system of double insulation, or its equivalent, need not be grounded. Where such an approved system is employed, the equipment shall be distinctively marked.

2. Fixed Equipment. Exposed noncurrent-carrying metal parts of fixed electrical equipment, including motors, generators, frames and tracks of electrically operated cranes, electrically driven machinery, etc., shall be grounded.

3. Effective Grounding. The path from circuits, electrical equipment, structures and conduit or enclosure to ground shall have a maximum resistance to ground of 25 ohms. Where the resistance exceeds 25 ohms, one or more driven rod electrodes shall be connected to the ground side of the system to lower the resistance to 25 ohms maximum.

4. Extension Cords or Cables. Extension cords or cables used with portable electric tools and appliances shall be of three wire type.

5. Bonding.

a. Conductors used for bonding and grounding stationary and movable equipment shall be of ample size to carry the anticipated current.

b. When attaching bonding and grounding clamps or clips, secure and positive metal-to-metal contact shall be made.

6. Temporary Wiring. All temporary wiring shall be shall be grounded.

D. Overcurrent Protection.

1. Overcurrent protection shall be provided by fuses or circuit breakers for each feed and branch circuit, and shall be based on the current-carrying capacity of the conductors supplied and the power load being used.

2. No overcurrent device shall be placed in any permanently grounded conductor, except where the overcurrent device simultaneously opens all conductors of the circuit or for motor running protection.

3. When fuses are installed or removed with one or both terminals energized, special tools insulated for the voltage shall be used.

E. Switches, Circuit Breakers, and Disconnecting Means.

1. Each disconnecting means for motors and appliances, and each service feeder or branch circuit at the point where it originates, shall be legibly marked to indicate its purpose unless located and arranged so the purpose is evident.

2. Disconnecting means shall be located or shielded so that employees will not be injured.

F. Lockouts and Tagging.

Where there is danger of machinery being started or electrical circuits being energized while repairs or maintenance work is being done, the electrical circuits shall be locked open and tagged. Where there is danger of machinery being started or of steam or air creating a hazard to workers while repairs or maintenance work is being done, the employees shall disconnect the lines or lock and tag the main valve closed or blank the line on all steam driven machinery, air driven machinery, pressurized lines or lines connected to such equipment if they would create a hazard to workers.

G. Electrical Equipment Installation and Maintenance.

1. General Requirements

a. Where different voltages, frequencies, or types of current (A.C. or D.C.) are to be supplied by portable cords, receptacles shall be of such design that attachment plugs used on such circuits are not interchangeable.

b. Attachment plugs or other connectors supplying equipment at more than 300 volts shall be of the skirted type or otherwise so designed that arcs will be confined.

c. Cable or cords passing through work areas shall be covered or elevated to protect it from damage which would create a hazard to employees.

d. Worn or frayed electric cables or cords shall not be used.

e. Extension cords or cables shall not be fastened with staples, hung from nails, or suspended by wire.

2. Facilities and Equipment.

a. Light plant generator shall have an adequate overload safety device.

b. All light cords and plug-ins shall be kept in good condition.

c. Rig lights shall be of an approved type for the area in which they are located.

d. Lamps and reflectors shall be cleaned frequently.

e. The rays of light shall be directed toward the objects to be illuminated, and away from the eyes of the worker.

3. Wiring and Electrical Equipment Permissible in Class I, Division II areas.

a. Wiring shall use: Rigid threaded conduits, lead covered armored cable, Type SO, SOW, STW, STO, GGW, W, Diesel Locomotive, or equivalent cable with approved connectors (vapor proof).

b. Electrical equipment including fixtures, plugs, receptacles, fittings and enclosures for switches and controllers shall be sealed and gasketed or totally enclosed gasketed with threaded hubs (vapor proof). c. Motors: All A.C. motors shall be totally enclosed, fan-cooled type (TEFC) or equivalent. D.C. motors located in Class I, Division II areas will be purged (cooled) with air from a safe source.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-10 Drilling Industry -- Ladders

A. Ladders.

1. Except where either permanent or temporary stairways or suitable ramps or runways are provided, ladders described in this chapter shall be used to give safe access to all elevations.

2. All ladders shall be maintained in a safe condition. All ladders shall be checked regularly, with the intervals between checks being determined by use and exposure.

3. Ladder requirements not specifically referenced in this part shall be in accordance with the State of Utah Occupational Safety and Health Rules 29 CFR 1910.25, 26, and 27.

4. Rungs, cleats, and steps shall be free of splinters, sharp edges, burrs, or projections which may be a hazard.

5. Where there is a walking or working platform or access to a ladder of 24 inches or more above the floor or ground level, a step or steps of not more than 12 inches high shall be provided for access.

6. Step-across distance. The step-across distance from the nearest edge of ladder to the nearest edge of equipment or structure shall not be more than 12 inches.

7. Cages or wells shall be provided on ladders of more than 20 feet to a maximum unbroken length of 30 feet where a climbing device is not used.

8. All landing platforms shall be equipped with standard railings and toeboards, so arranged as to give safe access to the ladder.

9. The side rails of a ladder shall extend 3 feet above parapets and landing.

10. Ladder safety devices may be used on ladders over 20 feet in unbroken length in lieu of cage protection. All ladder safety devices, such as those that incorporate lifebelts, friction brakes, and sliding attachments shall meet the design requirements of the ladders which they serve.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-11 Drilling Industry -- Walking, Working Surfaces

A. Guardrails, Handrails and Covers.

1. Guarding of Floor Openings and Floor Holes.

Floor openings and floor holes shall be guarded by a standard railing and toeboards or cover.

2. Guarding of Wall Openings.

Wall openings from which there is a drop of more than 4 feet shall be guarded.

3. Guarding of Open-Sided Floors, Platforms, and Runways.

a. Every open-sided floor or platform 4 feet or more above adjacent floor or ground level shall be guarded by a standard railing, or equivalent.

b. Standard railing shall be provided on the inside of all mud tank runways unless other means are available to prevent an employee from falling into the mud tanks.

c. Regardless of height, open-sided floors, walkways, platforms, or runways above or adjacent to dangerous equipment and similar hazards shall be guarded with a standard railing and toeboard.

4. Stairway Railings and Guards.

Every flight of stairs having four or more risers shall be equipped with standard stair railings on open sides.

B. Floors, Stairways, and Platforms.

1. Floors, stairways, and platforms shall be free of dangerous projections or obstructions and shall be maintained in good repair and reasonably free from oil, grease, water, or other materials of similar nature. Where the type of operation necessitates working on slippery floor areas, such surfaces shall be protected against slipping by the use of mats, grates, cleats, or other methods to provide reasonable protection.

2. Each corner of a crown block shall be securely bolted or welded to the mast or derrick.

3. Each finger of a finger board shall be bolted or welded to its support beam.

4. Any temporary stabbing board or other temporary boards placed in the derrick shall be securely fastened.

5. On all derricks, ladder platforms shall be installed adjacent to, and shall provide safe access to the work platforms.

6. Ladder platforms are to be located at the crown of all drilling rigs.

7. With the exception of the stabbing board and derrick board, every platform erected on the inside of a derrick shall completely cover the space from the working edge of the platform back to the legs and girts of the derrick.

C. Exits, Access, and Egress.

1. Exits shall be provided to the outside on at least 3 sides of the derrick floor.

2. All work stations shall have two means of egress, except for hopper house.

3. No exit door of the derrick floor, including all doors of the doghouse, shall be held closed with a lock or outside latch while anyone is on the derrick floor.

4. No employee shall slide down any pipe, kelly hose, cable, or rope line except in the event of an extreme emergency.

5. No employee shall use the catline as a means of ascending to or descending from any point in the derrick except in an emergency. Even then, the rotary table shall be locked out and qualified employees shall operate the cathead and controls.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-12 Drilling Industry -- Hoisting Equipment

A. Derricks and Cranes.

1. The employer shall comply with the manufacturer's specifications and limitations applicable to the operation of any derrick. Where manufacturer's specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a qualified engineer competent in this field and such determinations will be appropriately documented and recorded.

2. Traveling Blocks shall have an operational limiting device or adequate crown timbers properly installed Special Services are excluded.

3. Cranes mounted on barges.

a. When a crane is mounted on a barge, the rated load of a crane shall not exceed the original capacity specified by the manufacturer.

b. A load rating chart, with clearly legible letters and figures, shall be provided with each crane, and securely fixed at a location easily visible to the operator.

c. When load ratings are reduced to stay within the limits for list of the barge with the crane mounted on it, a new load rating chart shall be provided.

d. Cranes on barges shall be positively secured.

B. Truck-Mounted Masts and Derricks.

The employer shall require that truck-mounted derricks or masts are not moved while in a raised position. This does not apply to the skidding of a drilling rig.

C. Personnel Hoisting.

1. Well Drilling: Employees shall not ride the traveling blocks to or from the boards, except in cases of emergency.

2. Special Services: Riding hoisting equipment.

a. No employee shall ride traveling blocks when rods or tubing or any other downhole equipment is being moved.

b. Anyone riding the traveling blocks shall wear an approved safety harness with appropriate safety line anchored and adjusted to prevent a fall of over 6 feet.

3. The catline shall not be used as a personnel carrier except in an emergency.

D. Drawworks.

1. The drawworks shall not be operated without all guards in position and properly maintained.

2. If lubrication fittings are not accessible with guards in place, machinery shall be stopped for oiling and greasing.

3. The brakes, linkage, and brake flanges of the drawworks shall be checked every day and repaired or replaced as necessary.

E. Cathead.

1. A blunt smooth-edged divider to separate the first wrap of a line on a cathead shall be installed on all manually operated rope catheads and the clearance between the device and the friction surface of the cathead shall not exceed 1/2 of an inch.

2. The friction surface and flanges of a cathead on which a rope is manually operated shall be smooth and the diameter of the cathead between the flanges shall be uniform throughout its length with an allowable tolerance of 3/8 of an inch.

3. The key seat and projecting key on a cathead shall be covered with a smooth thimble or plate.

4. When the cathead is unattended, no rope or line shall be left wrapped on or in contact with the cathead.

5. A qualified employee shall be at the controls while a cathead is in use and shall stop the rotation of the cathead immediately in event of an emergency.

6. No splice other than by the manufacturer shall be allowed to come into contact with the friction surface of the cathead.

7. Each cathead using chain shall be equipped with a manually operated cathead clutch or with another device adequate to keep the rotation of the cathead under control when it is in use. The clutch or device shall be of the "nongrab" type and shall release automatically when not manually held in the engaged position.

8. Every chain used in a spinning line shall have a fiber tailrope between 8 inches and 12 inches in length fastened to the pipe end of the chain.

9. Connections between lengths of cathead chain, tong chains, and spinning chain shall be of the connecting link or swivel type and of strength equal to the lighter chain. Connecting links and swivels shall be of a size and type suitable for the chain in use.

10. The operator of a cathead shall keep the operating area clear at all times. That portion of the catline not being used shall be kept coiled or spooled.

F. Wire Ropes.

1. All hoisting lines (wire ropes) shall be visually checked by a competent person daily, and shall be thoroughly inspected at least each 30 days in conjunction with a ton-mile program, or a record made of each 30 day inspection which shall designate defects and deterioration. When the wire rope is slipped or replaced, it shall be recorded on the inspection report as to date and length of wire rope removed. Such written report must be kept on file at the drilling rig and local office.

2. A dead-line anchor for a drilling line shall be so constructed, installed, and maintained that its strength shall at least equal the working strength of the hoisting line.

3. All lines and sand lines shall be visually checked daily when in use. At this time a determination shall be made as to whether the hoisting line shall be cut to bring a new line into the system, or replaced. In no event shall the hoisting line or sand line be allowed to remain in service when the following numbers of broken wires appear in any section of the line:

TABLE 3

BROKEN WIRE-ROPE TABLE

Construction Number of Number of

Broken Wires Broken Wires

In One In One

Rope Lay Strand in

One Lay

6 x 7 7 3

6 x 19 Seale 11 4

6 x 21 Seale or FW 13 5

6 x 25 FW 18 6

6 x 31 19 6

6 x 36 21 7

18 x 7 18 3

19 x 7 18 3

8 x 19 Seale 16 4

8 x 25 FW 25 6

4. In addition to the criteria in Table 3, a hoisting line or sand line shall be removed from service when any of the following conditions exist:

a. When end connections are corroded, cracked, bent, worn, or improperly applied.

b. When evidence of severe kinking, crushing, cutting, or unstranding are noted.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-13 Drilling Industry -- Blasting and the Use of Explosives

A. The employer shall permit only authorized and qualified persons to use, handle or transport explosives.

B. Transportation of explosives shall meet the provisions of the Department of Transportation regulations.

C. Explosives and related materials shall be stored in approved facilities required under 27 CFR 55 Commerce in Explosives adopted by reference.

D. A blaster shall be qualified in the field of transporting, storing, handling, and use of explosives and have a working knowledge of Federal, State, and Local Laws which pertains to explosives.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-14 Drilling Industry -- Machine Guarding

A. All belts, gears, shafts, pulleys, sprockets, spindles, drums, fly wheels, or other reciprocating or rotating parts, with the exception of the cathead, shall be guarded by a guard of sufficient strength to prevent any person from coming in contact therewith, unless they are guarded by location.

B. A rotary table shall have a substantially constructed metal guard adequately covering the outer edge of the table and extending downward to completely cover all the exposed rotating side of the table including the pinion gear.

C. Machinery shall not be operated without all guards properly maintained and in position; except during maintenance, repair, or rigup work or when limited testing may be performed by a qualified person.

D. No employee shall clean or lubricate any machinery where there is danger of contact with a moving part until such machinery has been stopped.

E. Any counterweight above the derrick floor when not fully enclosed shall run away from the working surfaces or be guarded.

F. The employer shall require that the mast crown is equipped with sheave guards which shall prevent the hoisting lines from being displaced from the sheaves during operations or when being raised to or lowered from the operating position.

G. When maintenance or servicing is to be accomplished on electrical lines, air lines, gas lines, or other lines containing hazardous materials, the line being worked on shall be made safe by emptying, purging, disconnecting, or other means before work is begun.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-15 Drilling Industry -- Overwater Operations

A. When work is performed over water, employees shall be instructed in proper water entry procedures to be used.

B. An emergency means of escape from platforms shall be provided when working over water.

C. Coast Guard approved life jackets or work vests shall be available for and worn by each employee when performing operations over water.

D. Due consideration shall be given when dispatching vessels consistent with weather conditions, sizes of vessels, loading, and other factors.

E. Decks of all vessels shall be kept clean of oil, grease, debris, and free of excess equipment at all times.

F. Wireline units, power packs, tool boxes, and other equipment shall be securely tied down once it has been loaded on a vessel to be transported to or from inland water locations.

G. Mobile service units, when working off a barge, shall be properly secured with chains or wire rope and load binders once it has been spotted and when it is enroute to and from locations.

H. Tag lines shall be used to guide and steady equipment being loaded or unloaded from vessels on inland water locations.

I. It shall be the responsibility of the person skippering a vessel to determine when it is safe or unsafe to tie up or jack up on a well site.

J. When a crane is being used to transfer employees over water, employees shall wear a life jacket or work vest and shall not ride on anything other than an approved personnel net.

K. When handling equipment with a side loader type marine unit hauler the operator shall not lift or lower the base of the equipment being handled below the level of the ground or dock.

L. The operator shall not lift or lower a heavy load with a side loader boom without first extending jacks or outriggers.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-16 Drilling Industry -- Anchoring and Guy Wires

Each derrick requiring anchoring or guying, shall follow the manufacturer's recommendations for guying and anchoring. If the manufacturer's recommendations are not available, an appropriate survey by a qualified engineer shall be made. A copy of the manufacturer's recommendations or a signed copy of the engineer's survey shall be made available for inspection on each derrick.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-17 Drilling Industry -- Air and Hydraulic Pressure

A. Safety Procedures for Air Compressors.

1. Air compressors used or operated shall be constructed, installed, operated, and repaired to conform to the Engineering Standards of ASME and ANSI.

2. All air compressors shall have at least one air pressure regulator to control proper air flow.

3. The safety relief (safety pop-off) valve on the main air tank shall be checked periodically and kept in proper working order.

4. There shall be no valve in the discharge opening of a safety relief valve or in the discharge pipe connected thereto.

5. The piping connected to the pressure side and discharge side of a safety relief valve shall not be smaller than the normal pipe size openings of the device.

6. The piping from the discharge side of the safety relief device shall be securely tied down.

7. The piping from the discharge side of the safety relief valve shall be sloped to drain liquids.

8. All valves and pressure control devices shall be kept in the proper working order.

9. Hydraulic pressure lines shall not be subjected to pressures exceeding those recommended by the manufacturer.

B. Hydraulic Tong Control Mechanism.

1. The input pressure line on power tongs shall be disconnected or disengaged before any repair, replacement, or other work of a similar nature is done on tongs, chains, dies, or their component parts.

2. Pressure lines, hydraulic or air, shall have a safety relief valve which shall never be set higher than manufacturer's specifications for the working pressure of the lines or valve.

3. Hydraulic tongs shall be backed up with a safety device able to withstand the full torque of the power tool.

C. Mud Pits and Tanks, Mud Pumps, Piping and Hoses.

1. All fixed mud guns used for jetting shall be pinned or hobbled when in use and unattended.

2. Hoses shall not be used for jetting operations.

3. When necessary for an employee to enter a mud tank which has contained toxic fluid, adequate personal protective equipment shall be utilized or the tank shall be purged of all harmful substances.

4. Clamps and safety lines or chains shall be used to fasten the kelly hose at the standpipe end to the derrick and at the swivel end to the swivel housing, and all other flexible mud lines shall be appropriately secured.

5. The suction pit or tanks used for the circulation of flammable materials shall not be within 75 feet of well bore.

6. All mud pumps associated with a drilling rig shall be equipped with a safety pressure relief valve and an operating gauge in the system.

7. The safety pressure relief valve shall be set to discharge at a pressure not in excess of the established working pressure of the pump, pipe, and fittings.

8. A guard shall be placed around the shearing pin and spindle of a safety pressure relief valve.

9. The discharge from a safety pressure relief valve shall be piped to a place where it will not endanger employees.

10. There shall be no valve between a pump and its safety pressure relief valve.

11. The piping connected to the pressure side and discharge side of a safety pressure relief valve shall not be smaller than the normal pipe size opening of valve.

12. The piping on the discharge side of a safety pressure relief valve shall be properly secured.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-18 Drilling Industry -- Drilling Operations

A. When maintenance or servicing is to be accomplished on power-driven equipment, the immediate source of power to the individual piece of equipment to be worked on shall be locked out. When maintenance or servicing is to be accomplished on electrical lines, air lines, gas lines, or other lines containing hazardous materials, the line being worked on shall be made safe by emptying, purging, disconnecting, or other means before work is begun.

B. Drillers shall never engage the rotary clutch without watching the rotary table.

C. Tools or other materials shall not be carried up or down a ladder unless properly secured to the body, leaving both hands free for climbing.

D. The hoisting line (wire rope) shall not be removed from the drum until the traveling blocks are to be laid on the derrick floor, or the traveling blocks are to be held suspended by a separate wire rope.

E. The hoisting line (wire rope) shall not be in direct contact with any derrick member, any stationary equipment, or material in the derrick except the crown block and any traveling block sheaves, a line spooler, a line stabilizer or weight indicator.

F. Every overhead sheave or pulley on which a line spooler counterweight rope runs shall be fastened securely to its support.

G. Every rig shall be equipped with a safety valve (Kelly Cock) with connections for each type of tool joint being used.

H. Blowout Prevention Equipment. While a well is being drilled, tested, completed, reconditioned, or is otherwise being worked on, blowout prevention equipment shall be installed and used in accordance with recognized standards and shall be reasonably adequate to keep the well under control at all times. The blowout prevention equipment provided shall be approved by the State of Utah Oil, Gas, and Mining Division.

I. Spinning chains shall not be handled near the rotary table while it is in motion. Workers shall not place the chain on the joint of pipe in the mouse hole while the table is rotating.

J. Chains used in connection with drilling or production operations shall be suitable for the type of service. Chains used in a spinning line, in a long line, or on a cathead must be of an approved type.

K. Every drilling rig shall be equipped with a reliable weight indicator.

L. Any weight indicator hung above the floor shall be secured to the derrick by a wire rope safety line or chain.

M. Every test plug used above the derrick floor shall be attached to the elevator links by safety line or chain.

N. The operator shall not leave the brake without tying the brake down or securing it with adequate counterbalance unless the drawworks is equipped with an automatic feed control.

O. The operator shall not engage the rotary clutch until the rotary table is clear of personnel and material.

P. The operator shall not leave the controls while the hoisting drum is on motion, except when drilling.

Q. Each rotary tong shall be securely attached to the derrick or a back-up post with adequate wire rope safety lines.

R. A mud box or other effective means shall be provided on all rigs to convey any fluids away from the derrick floor while pulling drill stem test or breaking wet joints.

S. Hoses, lines, or chains shall not be handled or used near the rotary table while it is in motion.

T. A kelly pull-back post shall be provided for pulling the kelly back to the rat hold. The pull-back post shall be secured either to the derrick foundation, side sills, or floor sills, and shall not be attached to or in contact with the derrick legs, girts, or braces.

U. When drill pipes, drill collars, or tubing are racked in the derrick provision shall be made for drainage of any fluids or gases in the stands.

V. The toolpusher, or other qualified employee, shall be in charge and present during the operation of raising or lowering a derrick.

W. The employer shall not allow employees under or in a derrick being raised or lowered.

X. No employee shall handle a traveling hoisting line unless the employee uses a suitable hand guard which shall be secured to the derrick.

Y. The rotary table shall not be used for the final making up or initial breaking out of a pipe connection.

Z. All pipe and drill collars racked in a derrick shall be adequately secured to prevent them from falling across the derrick.

AA. Safety clamps used on drill collars, flush joint pipe, or similar equipment for preventing its falling in the well when not held by the elevator, shall be removed from the pipe and drill collars before racking.

BB. Racking foundations shall be designed to withstand the load of racked pipe and drill collars.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-19 Drilling Industry -- Special Services

A. Special Services.

1. The owner or operator shall require that all applicable requirements of other sections of Section R614-2 , in addition to the following requirements, shall apply to Special Services and Operations.

2. The supervisor of the special service shall hold a pre-job meeting with the crew to review responsibilities for the operations to be performed.

3. Special services fire extinguishers shall be placed in an accessible position.

4. Precautions shall be taken to prevent personnel or vehicles from crossing under or over unprotected wire lines, pressurized hoses, or pipe.

5. There shall be a minimum number of employees in the derrick or within 6 feet of the wellbore during the time a swab line or other wire line is being run in the hole.

6. Smoking or open fires shall be permitted only in designated areas.

7. A frozen flow line or hose shall not knowingly be flexed or hit.

8. Line wipers shall be adequately secured.

9. Oil savers should not be adjusted while the line is in motion except by remote means.

10. Only a qualified person shall operate the cathead.

11. All discharge lines shall be laid with sufficient flexible joints, preventing rigidity so as to prevent excess vibration at wellbore.

12. When using an open ended flow line to flow or bleed off a well, it shall be secured at the end of the flow line and at each 30 foot interval before opening the flow line.

B. Mud Pits and Tanks.

1. Portable tanks shall be located where it is not possible for employees or equipment to come into contact with overhead power lines.

2. All valves and gauges shall be checked to be sure there is no pressure on the lubricator before working on or removing it. Before breaking out (rigging down), all pressure shall be bled off the lines that are to be broken out.

3. A lubricator or other adequate control devices shall be used to allow the removal of the downhole tool under controlled conditions.

4. Only necessary personnel shall be permitted near the pressurized lubricator, flow lines, and wellbore.

5. All wellbore adapters, wireline valves, and lubricating equipment shall be of such a design, strength, and material to withstand the maximum surface pressure of the well and the lateral movement of the lubricator.

C. Safety Procedures for Drill Stem Tests.

1. Initial opening of drill stem test tools shall be restricted to daylight hours only.

2. Test line and valves shall be checked, and the test line shall be securely anchored at each end and at each 30 foot interval.

3. When taking a drill stem test, and hydrocarbons appear at the surface, it shall be mandatory that such hydrocarbons are reversed out before coming out of the hole.

4. Drill stem tests shall not be taken in known or expected zones containing H 2 S with tubular goods of strengths less than Grade "E" drill pipe.

5. All drill stem tests in known or expected zones containing H 2 S shall be reversed out. This shall be done in daylight hours only.

6. A reversing mechanism shall be included in the test tool assembly to be able to reverse.

7. The kelly hose shall not be used as part of the test line.

D. Treating.

1. The special services supervisor shall personally check to see that all valves in discharge lines are open before giving orders to pump.

2. During operations each employee designated to handle the pumping shall remain constantly at the designated position while the pump is in operation, unless relieved by an authorized employee as directed by the supervisor on that job.

3. Cementing pressure shall not exceed equipment maximum safe working pressure.

4. All acidizing, fracturing, and hot oil trucks and tanks shall be at least 75 feet from the wellbore.

5. The services supervisor shall see that all flammable fluid spilled on location is adequately covered with dirt before pumping operations start.

6. Flammable fluids shall not be bled back into open measuring tanks on equipment designed for pumping.

7. All spilled oil or acid shall be covered or properly disposed of after breakout with adequate precautions taken to prevent personnel from contact with such material.

8. All equipment that could produce a source of ignition shall not be permitted within 75 feet of any tank containing a flammable material.

9. When pumping a flammable fluid, all electrical or internal combustion equipment not used for performance of the job, and all fires shall be shut down or off during treatment.

10. All blending equipment used in fracturing operations shall be grounded to a conductive rod driven into the ground and all sand hauling equipment, unloading sand into blender hopper, shall be "electrically bonded" to the blender.

11. All supercharged suction hoses shall be covered with hose covers to deflect fluids when pumping flammable fluids.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-2-20 Drilling Industry -- Safety Procedures for Air and Gas Drilling

A. Drilling compressors, air or gas, shall be located at least 150 feet from the wellbore and in a direction away from the discharge or blooie line.

B. The air or gas discharge line (blooie line) shall be laid in as nearly a straight line as possible from the drilling head. It must be at least 150 feet in length. This discharge line shall be securely coupled and anchored to prevent movement. It shall be laid into a discharge pipe in such a direction from the wellbore as to allow prevailing winds to carry produced or circulated gas away from the rig.

C. All combustible material shall be kept at least 100 feet away from the discharge line.

D. The air line from the compressors to the standpipe shall be of adequate strength to withstand at least the maximum discharge pressure of the compressors used, and shall be checked daily by the compressor operator for any evidence of damage or weakness.

E. All cars, trucks, house trailers, etc., shall be parked at least 75 feet from the wellbore, except when delivering equipment or supplies.

F. Smoking shall not be allowed within 75 feet of the drilling rig while drilling air or gas.

G. Designated employees shall be shown and taught how to use control units and the blowout preventer and all firefighting equipment.

H. Designated employees shall be shown and taught how to use the emergency shut-off equipment during gas drilling.

I. All pipe connections carrying gas or air to or from the wellbore shall be made up tightly. All lines and connections shall be frequently checked for leaks.

J. In the case of gas drilling, a shut-off valve shall be installed on the main feeder line at least 150 feet from the wellbore; in the case of air drilling, the shut-off valve shall be located near the compressors.

K. When making a connection, the standpipe valve shall be closed and the bleed-off line shall be open before breaking a tool joint.

L. One Class B-C fire extinguisher of at least 150 lbs. dry chemical capacity or equivalent shall be stationed on the job in addition to 4-20# capacity, or their equivalent, fire extinguishers with a Class B-C rating.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

R614-3 Farming Operations Standards

Utah Admin. Code R614-3-1 Authority, Method of Adoption, and Effective Date

A. This section is adopted by authority given the Administrator of the Division of Occupational Safety and Health, Labor Commission, under Title 34A, Chapter 6, Utah Occupational Safety and Health Act. As required, adoption is through Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-2 Scope and Definitions

A. This section contains occupational safety and health standards applicable to farming operations, for farms employing 11 or more employees during any part of a year or maintain a labor camp. Family members of farm employers shall not be regarded as employees when making the determination as to number.

B. General Definitions

1. "Utah OSH Act" means the Utah Occupational Safety and Health Act, Section 34A-6-101 et seq., of 1973.

2. "Administration" means the Utah Occupational Safety and Health Division within the Labor Commission, also known as UOSH.

3. "Administrator" means the director of UOSH.

4. "Commission" means the Labor Commission.

5. "Employee" includes any person suffered or permitted to work by an employer.

6. "Employer" means:

a. The state;

b. Each county, city, town, and school district in the state; and

c. Every person, firm, and private corporation, including public utilities, 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.

C. Farming Definitions.

1. "Agricultural tractor" means any vehicle, of more than 20 engine horsepower, designed to furnish the power to pull, carry, propel, or drive farm implements. All self-propelled implements are excluded.

2. "Confined Space" means an open topped space more than four feet deep, or an enclosed space, such as a tank, vessel, silo, vault, pit, that is not designed for continuous employee occupancy, and: (1) contains an actual or potentially hazardous atmosphere or other safety or health hazard; (2) makes ready escape difficult; or (3) restricts entry for rescue purposes.

3. "Farmfield equipment" means tractors or implements, including self-propelled implements, or any combination thereof used in agricultural operations.

4. "Farming operation" is defined as any operation involved in the growing or harvesting of crops, the raising of livestock or poultry, or similar activities conducted by a farmer on sites such as farms, ranches, orchards, dairy farms or similar farming operations.

5. "Farmstead equipment" means agricultural equipment normally used in a stationary manner. This includes, materials handling equipment and accessories for such equipment whether or not the equipment is an integral part of a building.

6. "Ground driven components" are components which are powered by the turning motion of a wheel as the equipment travels over the ground.

7. "Guard" or "Shield" is a barrier designed to protect against employee contact with a hazard created by a moving machinery part.

8. "Hand labor operations" means agricultural activities or operations performed by hand or with hand tools. Some examples of "hand labor operations" are the hand harvest of vegetables, nuts, and fruit, hand weeding of crops and hand planting of seedlings. "Hand labor" does not include such activities as logging operations, the care or feeding of livestock, or hand labor operations in canning facilities or packing houses.

9. "Handwashing facility" means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap and single use towels.

10. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

11. "Labor camp" is defined as farm housing directly related to the seasonal or temporary employment of migrant farm workers. In this context, "housing" includes both permanent and temporary structures under the control of the employer, located on or off the property and that is provided as a condition of employment.

12. "Low profile tractor" means a wheeled tractor possessing the following characteristics: (1) the front wheel spacing is equal to the rear wheel spacing; (2) the clearance from the bottom of the tractor chassis to the ground does not exceed 18 inches; (3) the highest point of the hood does not exceed 60 inches; and (4) the tractor is designed so that the operator straddles the transmission when seated.

13. "Potable water" means water that meets the standards for drinking purposes by the state or local authority having jurisdiction or water that meets the quality standards prescribed by the Bureau of Public Water Supplies, Utah Department of Health.

14. "Power take off shafts" are the shafts and knuckles between the tractor, or other power source, and the first gear set, pulley, sprocket, or other components on power take off shaft driven equipment.

15. "Service building" shall mean a building housing toilets, lavatories, bathing facilities, a service sink, and may also include laundry and such other facilities as may be required.

16. "Toilet facility" means a facility designed for both defecation and urination, including biological or chemical toilets, combustion toilets, or sanitary privies, which is supplied with toilet paper adequate to employee needs. Toilet facilities may be either fixed or portable.

17. "Wastewater" shall mean discharges from all plumbing facilities, such as restrooms, kitchen, and laundry fixtures, either separately or in combination.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-3 General Duty Clause and Applicable General Standards

A. Section 34A-6-201 defines the General Duty Clause.

B. The following General Standards shall apply to farm operations: 29 CFR 1910.111 Storage and Handling of Anhydrous Ammonia; 29 CFR 1910.266 Pulpwood Logging.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-4 Employer and Employee Responsibility

A. The employer shall inspect or designate a competent person to inspect frequently for unsafe conditions and practices, defective equipment and materials, and where such conditions are found take appropriate action to correct such conditions immediately.

B. The employer shall warn all employees of any dangerous condition and permit no one to work in an unsafe place, except for making it safe.

C. It shall be the duty and responsibility of any employee upon entering the employee's place of employment, to examine carefully such working place and ascertain if the place is safe, if the tools and equipment can be used with safety, and if the work can be performed safely. After such examination, it should be the duty of the employee to make the place, tools, or equipment safe. If this cannot be done, then it becomes the employee's duty to immediately report the unsafe place, tools, equipment, or conditions to the employer.

D. Employees must comply with all safety rules of their employer and with all the Rules promulgated by UOSH which are applicable to their type of employment.

E. No person shall remove, displace, bypass, or destroy, or carry away any safety devices or safeguard provided for use in any place of employment, or interfere in any way with the use thereof by other persons, or interfere in any method or process adopted for the protection of employees.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-5 Reporting Requirements for Accidents and Fatalities

Each employer shall meet the reporting requirements of Subsection R614-1-5(C).

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-6 Recording Occupational Injuries and Illnesses

A. General. This subsection provides for record keeping by employers to develop, collect, and analyze information regarding occupational injuries and illnesses.

B. Log and Summary. Each employer having 11 or more employees during any part of a calendar year or who has been notified by the Commission to keep records as part of the "Annual Survey of Occupational Injuries and Illnesses," shall maintain in each establishment a log and summary of all recordable occupational injuries and illnesses for that establishment. The employer shall enter all recordable occupational injury and illness on the log and summary as early as practicable, but no later than six working days after receiving information that a recordable case has occurred. The federal OSHA Form No. 300 or any private equivalent form may be used. The form or its equivalent shall be completed in the detail provided in the form and instructions contained in Form No. 300. If an equivalent of OSHA Form No. 300 is used, such as a printout from data processing equipment, the information shall be readable and comprehensible.

C. The employer may maintain the log and summary of occupational injuries and illnesses at a place other than the establishment under the following circumstances:

1. There is available, at the place where the log and summary are maintained sufficient information to complete the log to a date within six working days after receiving information that a recordable case has occurred.

2. At each of the employer's establishments, there is available a copy of the log and summary which reflects separately the injury and illness experience of that establishment complete and current to a date within 45 calendar days.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-7 Safety and Health Protection on the Job Poster

Each employer shall display in a location convenient to employees the "Safety and Health Protection on the Job" poster. The poster is provided to inform employees of the protections and obligations under the act. The administrator shall furnish the poster at no charge.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-8 General Safety Requirements

A. Good housekeeping is the first law of accident prevention and should be a primary concern of all employers and employees. Floors and platforms shall be free of dangerous projections or obstructions and shall be maintained in good repair and reasonably free from oil, grease, water or other materials of similar nature.

B. Where there is a risk of injury from hair entanglement in moving parts of machinery, employees shall confine their hair to eliminate the hazard.

C. Clothing shall be appropriate for the work being done. Loose clothing which can become entangled in moving machinery shall not be worn where an entanglement hazard exists. Clothing saturated or impregnated with flammable liquids, corrosive substances, irritant, oxidizing agents or other toxic materials shall be removed as soon as practicable and shall not be worn until properly cleaned.

D. Wrist watches, rings, or other jewelry shall not be worn on the job where they constitute a safety hazard.

E. Each employer shall instruct its employees in a language and vocabulary that the employees can understand. Employees shall only be assigned to duties or locations where they have the necessary skills and comprehension to work in a safe manner.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-9 Medical Services and First Aid

A. The employer shall insure the availability of medical personnel for advice and consultation on matters of occupational health.

B. Emergency Posting Required. A list of telephone numbers or addresses as may be applicable shall be posted in a conspicuous place so the necessary help can be obtained in case of emergency. This list shall include: (1) Employer or representative, (2) Doctor, (3) Hospital, (4) Ambulance, (5) Fire Department, (6) Sheriff or Police, (7) First aid person.

C. Proper equipment for prompt transportation of the injured person to a physician or hospital or a communication system for contacting necessary ambulance service, shall be provided.

D. In the absence of reasonably accessible medical personnel, a person who has a valid certificate in first aid training from the Mine Safety and Health Administration, the American Red Cross, or equivalent training that can be verified by documentary evidence, shall be available at the worksite to provide first aid.

E. An adequate supply of first aid supplies shall be readily accessible at the worksite. The first aid supplies shall be encased in suitable sanitary storage places so as to protect them from contamination.

F. Where the employee's eyes or body may be exposed to injurious materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-10 Respiratory Protective Equipment

A. When an employee is or may be exposed to harmful concentrations of gases, vapors, smoke, fumes, mists or dusts created by permanent or temporary work processes, respiratory protective equipment, approved for the purpose, shall be provided by the employer and worn by the employee.

B. Employees shall be trained in the use of respiratory equipment that they may be expected to use.

C. The employer shall ensure that respiratory protective equipment required by these regulations is used as intended by the manufacturer, and that it provides the employee with adequate respiratory protection.

D. Respiratory protective equipment used to protect employees shall be readily available and shall be maintained in good working order and in a sanitary condition.

E. Filter type, cartridge or single use respiratory protective equipment shall not be used in any confined space.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-11 Requirements for Confined Space Entry

A. No employee shall be required or permitted to enter a confined space:

1. Unless protected by self-contained or airline type respiratory protective equipment, the employer shall ensure that air supplied for respirators by compressors, fans, or similar devices is free of dusts, oil vapors, toxic or noxious fumes or gases; or

2. Unless an approved ventilation system is being used to ensure the removal of any harmful gases, vapors, smoke, fumes, mists, or dusts from within the confined space; or

3. Until appropriate tests have been made immediately before entry to confirm the absence of any harmful gases, vapors, smoke, fumes, mists or dusts or a sufficiency of oxygen. Testing shall be done at intervals during an employee's presence in the confined space to ensure no change of conditions; or

4. When flammable or explosive gases are present, until ventilated, purged and all sources of ignition have been controlled or eliminated.

B. An employee required or permitted to enter a confined space where a harmful atmosphere exists or may develop, shall:

1. Wear a safety harness to which is attached a life line tended at all times by another person stationed outside the entrance and so equipped as to be capable of effecting a rescue, and

2. When entered from the top, wear a safety harness or a harness of a type of which will keep the employee in a vertical position in case of rescue.

C. When the work being performed is such that more than one employee is required or permitted to enter a confined space, provision shall be made in the planning of the work to avoid the safety lines or air hoses from becoming entangled.

D. An employee required or permitted to enter a confined space being ventilated with a ventilation system to maintain respirable air, and in which a harmful atmosphere cannot develop shall:

1. Be attended by and in communication with another person stationed at or near the entrance, or

2. Be provided with a means of continuous communication with a person outside, or

3. Be visually checked by a designated person at intervals as often as may be required by the nature of the work to be performed.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-12 Pesticides

Pesticide storage, use and clean up shall meet the provisions required by the Utah Department of Agriculture under Title 4, Chapter 14, Utah Pesticide Control Act; the United States Environmental Protection Agency (EPA); and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-13 Flammable and Combustible Liquids

A. This subsection applies to the storage of flammable and combustible liquids having a flash point below 200 degrees F or 93.3 degrees C.

B. Storage areas shall be kept free of weeds and other combustible material. Open flames and smoking shall not be permitted in flammable or combustible liquids storage areas.

C. Storage tanks shall be provided with a free opening vent to relieve vacuum or pressure which may develop in normal operation or from fire exposure.

D. Tanks and containers for the storage of flammable and combustible liquids aboveground shall be conspicuously marked with the name of the product which they contain and "FLAMMABLE - KEEP FIRE AND FLAME AWAY."

E. Dispensing Flammable Liquids and Combustibles.

1. Containers to which flammable liquids are being transferred shall be bonded together to eliminate static electricity.

2. Dispensing units shall be protected against physical damage by suitable means.

3. Dispensing devices such as pumps, hoses and nozzles shall be of approved type and be maintained to prevent leakage.

4. Flammable and combustible liquids shall not be dispensed by pressure from drums, barrels and similar containers. Approved pumps taking suction through the top of the container or approved self-closing valves shall be used.

5. Flammable and combustible liquids shall be kept in closed containers when not actually in use.

6. Care shall be taken to eliminate source of ignition where flammable liquids are used.

F. L.P.G. Storage for use shall be in an approved container.

1. Shall have a relief valve on container.

2. Shall have an automatic shut off, thermocoupler, on utilization equipment.

3. Shall have a relief valve between each shut off valve.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-14 Labor Camp Sanitation

A. NOTE: FR Vol 62, No. 12, Friday, January 17, 1997, Pages 2558 to and including 2565, "Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands and Wyoming State Plans; Approval of Plan Supplements; Levels of Federal Enforcement; Final Rule" is incorporated by reference.

This change amends OSHA's regulations to reflect the Assistant Secretary's decision approving amendments to nine State plans to exclude coverage of the field sanitation standard and the temporary labor camp standard as it applies to agriculture, with the exception of temporary labor camps for employees engaged in egg, poultry or red meat production, or the post-harvest processing of agriculture or horticultural commodities, from their State Plans. The states of Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands, and Wyoming have elected to follow the jurisdictional transfer of authority as effected by Secretary of Labor's Orders 5-96 and 6-96, published in the Federal Register on January 2, 1997, between the Employment Standards Administration (ESA) and OSHA with regard to these two OSHA standards. OSHA is amending pertinent sections of its regulations on approved State plans to reflect this relinquishment of State jurisdiction and transfer of OSHA enforcement authority to ESA in these nine States.

B. General

1. Camps which move regularly due to the nature of the work, such as sheep or cattle camps, are exempt from this Part.

2. Each structure made available for occupancy shall comply with the requirements of the applicable building, zoning, electrical, health, fire, and animal control codes and all local ordinances.

3. Labor camp sites shall be constructed to provide adequate surface drainage and shall be isolated at least 100 feet from barnyards, corrals and any existing or potential health hazard.

4. Each structure made available for occupancy shall be of sound construction, shall assure adequate protection against weather, and shall include essential facilities to permit maintenance in a clean and operable condition. Comfort and safety of occupants shall be provided for by adequate heating, lighting, ventilation or insulation when necessary to reduce excessive heat. Total window area in permanent structures should be equal to at least 10% and in no case less than 5% of the floor area. Windows shall be openable and screened or mechanical ventilation must be provided.

5. Floors, walls and ceilings in permanent and semipermanent structures shall be of smooth, nonabsorbent easily cleanable materials, kept clean and in good repair.

6. In dormitory type facilities beds shall be separated by a horizontal distance of at least five feet, reducible to three feet if beds are alternated head to foot, except in the case of double deck bunks, which shall have a minimum horizontal separation of six feet under all circumstances. If suitable permanent partitions are installed between beds, spacing requirements may be modified upon approval of the health department having jurisdiction.

7. All combustion type room heating devices shall be supplied with proper vent pipes. Gas fired facilities shall meet standards of the American Gas Association.

8. All service buildings shall:

a. Be located not less than 15 feet and not more than 500 feet from any sleeping quarters served. b. Where practical, be of permanent construction, and be provided with adequate light, heat and ventilation.

c. Have interiors of smooth, moisture resistant material, to permit frequent washing and cleaning.

d. Have all outer openings effectively screened.

e. Where electric power is available, service buildings shall be provided with outside lighting to indicate the location and entrance doorways of each.

C. Water Supply

1. Potable water supply systems for labor camp occupants shall meet the requirements of the Utah State rules relating to public drinking water supplies.

2. In addition to the requirements of the rules relating to public drinking water supplies the design of water system facilities shall be based on the supplier's engineer's estimates of water demands, but shall in no case be less than Source Capacity of 50 gallons per day per person and Storage Volume of 25 gallons per person. Distribution System Capacity shall maintain a water system pressure in excess of 20 psi at all points in the distribution system during peak hourly flow conditions. Noncommunity systems in remote areas can be exempted from this requirement, on a case by case basis, if flow from the system is always unregulated and free flowing. The peak hourly flow should be calculated for the number of fixture units presented in the Utah Plumbing Code.

3. The source and storage requirements as indicated above do not include water demands for outside use or fire protection. However, if the culinary system is intended to provide water for such uses, the water requirements indicated above must be appropriately increased. Specific information on watering requirements, such as area of land to be irrigated must be provided for Department of Health review.

4. Construction of a public drinking water supply system intended to serve occupants of any labor camp shall not commence until plans prepared by a licensed professional registered engineer have been submitted to and approved in writing by the Utah State Department of Health. Following construction the system may not be placed in service until a final inspection is made by a representative of the Utah State Department of Health or the local health department having jurisdiction.

5. Any culinary system or portion thereof that is drained seasonally must be cleaned, flushed, and disinfected before use. Furthermore, a water sample of satisfactory bacteriologic quality, such as a sample showing not more than one coliform bacteria per 100 mL sample, must be obtained before being placed into service. Systems operated on a seasonal basis may be required to sample for bacteriologic analysis at an accelerated frequency as determined by the health department having jurisdiction.

6. In any labor camp where it is infeasible to pipe water into the area, an alternate supply may be permitted upon approval of the health department having jurisdiction.

D. Wastewater Disposal

1. All wastewater shall be discharged to a public sewer system where accessible and within 300 feet of the labor camp property line.

2. Where connection to a public sewer is not available, wastewater shall be discharged into a wastewater disposal system meeting requirements of the Utah State Code of Waste Disposal Regulations. Unless water usage rates are available, design shall be based on not less than 50 gallons per day per person.

3. All plans for the construction or alteration of a wastewater disposal system shall initially be submitted to the local health department having jurisdiction. Where plan approval is required by law to be provided by the State Department of Health, such plans will be forwarded by the local authority along with any appropriate comments. Construction or alteration of the disposal system shall not commence until the plans have been approved in writing by the appropriate health agency.

E. Toilet Facilities and Plumbing.

1. Wherever toilet facilities for males and females are located in the same building, and adjacent to each other, they shall be separated by a sound resistant wall. Direct line of sight to each restroom entrance shall be effectively obstructed. Separate facilities for men and women are not required in single family quarters.

2. Soap and toilet tissue in suitable dispensers, and individual towels or other approved hand drying facilities shall be provided in restrooms. The use of common towels in connection with such facilities is prohibited except in single family quarters.

3. Suitable waste receptacles with lids shall be provided for each restroom.

4. Adequate plumbing fixtures shall be available to all labor camp occupants as as listed in Table 1:

TABLE 1

REQUIRED RATIO OF PLUMBING FIXTURES -

LABOR CAMP OCCUPANTS FOR SERVICE BUILDINGS

Plumbing Ratio of Plumbing

Fixtures Fixtures for Labor

Camp Occupants(1)

Males Females

Water Closets 1/10 1/8

Urinals(2) 1/25 ---

Lavatories 1/12 1/12

Shower/Bath 1/8 1/8

(1) or fraction thereof.

(2) one unit for each 25 men or fraction

thereof, up to 150 men, after which one

additional unit shall be provided for

each 50 persons.

5. Plumbing fixtures which normally require water for their operation shall be supplied with an adequate potable water supply under pressure. Water will be provided for showers and lavatories at a minimum temperature of 90 degrees F.

6. In camps where dormitory facilities are provided or where individual family units are not plumbed, sanitary drinking fountains shall be conveniently located.

7. Where water cannot be made available, exceptions to the above requirements may be granted upon approval of the Director or local health authorities having jurisdiction.

8. All plumbing in labor camps shall comply with Utah Plumbing Code, and applicable local plumbing codes.

9. Essential laundering facilities shall be available to camp occupants and if included as part of the labor camp facilities shall provide for each 40 occupants, or fraction thereof, at least one laundry tray, washtub, or washing machine served with an adequate supply of water.

F. Maintenance

1. The employer has the duty of controlling the conduct of camp occupants and shall make at least one daily inspection of the entire camp while in operation, for these purposes. All camp toilet and washroom facilities shall be inspected as necessary.

2. All buildings, rooms and equipment and the grounds surrounding them shall be maintained in a clean and operable condition and be protected from rubbish accumulation.

3. All necessary means shall be employed to eliminate and control any infestations of insects and rodents within all parts of any labor camp. This shall include approved screening or other control of outside openings in structures intended for occupancy or food service facilities.

4. Each bed, bunk, cot or other sleeping facility for use by occupants shall be maintained in a sanitary condition.

G. Food Service

1. All food, food service employees, ice, vending machines, food storage, preparation and serving facilities made available by the camp management except those restricted to individual or single family quarters shall comply with the requirements of the Utah State Food Service Sanitation Regulations.

2. Where occupant is permitted or required to cook foods, a space for kitchen facilities shall be provided, and shall be equipped with a cooking stove in good working order and with adequate and sufficient fuel, a kitchen sink, a refrigerator and convenient storage space for food and necessary utensils. All food items provided by camp management shall be wholesome and suitable for human consumption.

H. Solid Wastes.

Solid wastes originating in any labor camp shall be stored in a sanitary manner, in watertight containers with lids, or the equivalent, approved by the local health department. The containers shall be conveniently located and the contents shall be disposed of in a manner approved by the State or local health department having jurisdiction.

I. Reference Code.

1. Codes and regulations made part of these regulations by reference are:

a. Utah Plumbing Code

b. State of Utah Public Drinking Water Regulations

c. Food Service Sanitation Regulations

d. Code of Waste Disposal Regulations

e. Recreational Vehicle Park Sanitation Regulations.

f. FR Vol. 59, No. 137, Tuesday July 19, 1994, pages 36695 to and including 36700, "Retention of DOT Markings, Placards, and Labels; Final Rule" is incorporated by reference.

2. All are available on request to: Utah State Department of Health, Division of Environmental Health or the Commission, Division of Occupational Safety and Health.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-15 Field Sanitation

A. NOTE: FR Vol 62, No. 12, Friday, January 17, 1997, Pages 2558 to and including 2565, "Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands and Wyoming State Plans; Approval of Plan Supplements; Levels of Federal Enforcement; Final Rule" is incorporated by reference.

This change amends OSHA's regulations to reflect the Assistant Secretary's decision approving amendments to nine State plans to exclude coverage of the field sanitation standard and the temporary labor camp standard as it applies to agriculture with the exception of temporary labor camps for employees engaged in egg, poultry or red meat production, or the post-harvest processing of agriculture or horticultural commodities, from their State Plans. The states of Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands, and Wyoming have elected to follow the jurisdictional transfer of authority as effected by Secretary of Labor's Orders 5-96 and 6-96, published in the Federal Register on January 2, 1997, between the Employment Standards Administration (ESA) and OSHA with regard to these two OSHA standards. OSHA is amending pertinent sections of its regulations on approved State plans to reflect this relinquishment of State jurisdiction and transfer of OSHA enforcement authority to ESA in these nine States.

B. This rule shall apply to any farming operation where 11 or more employees are engaged on any given day in hand labor operations in the field.

C. Employers shall provide the following for employees engaged in hand labor operations in the field, without cost to the employee.

1. Potable drinking water.

a. Potable water shall be provided and shall be placed in locations readily accessible to all employees.

b. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet employee's needs.

c. The water shall be dispensed in single use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.

2. Toilet and handwashing facilities.

a. One toilet facility and one handwashing facility shall be provided for each thirty employees or fraction thereof, except as stated in (4).

b. Toilet facilities shall have doors that can be closed and latched from the inside and shall be constructed to insure privacy.

c. Toilet and handwashing facilities shall be accessibly located, in proximity to each other, and within one quarter mile of each employee's place of work in the field. Where it is not feasible to locate facilities accessibly and within the required distance due to the terrain, they shall be located at the point of closest vehicular access.

d. Toilet and handwashing facilities are not required for employees who perform field work for a period of three hours or less, including transportation time to and from the field, during the day.

3. Potable drinking water and toilet and handwashing facilities shall be maintained in accordance with appropriate public health sanitation practices, including the following:

a. Drinking water containers shall be covered, cleaned and refilled daily.

b. Toilet facilities shall be operational and maintained in clean and sanitary condition.

c. Handwashing facilities shall be maintained in clean and sanitary condition; and

d. Disposal of wastes from facilities shall not cause unsanitary conditions.

4. Employees shall be allowed reasonable opportunities during the workday to use the facilities.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-16 Slow Moving Vehicle

A. Farm field equipment operated at a speed of 25 mph or less on a highway shall have lamps, reflectors and a slow moving vehicle emblem as required by the Utah Department of Public Safety or local law enforcement agency.

B. Every animal drawn vehicle shall be equipped with a slow moving vehicle emblem as required by the Utah Department of Public Safety or local law enforcement agency.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-17 Roll Over Protective Structures (ROPS) for Agricultural Tractors

Agricultural tractors manufactured after October 25, 1976, shall meet the following requirements:

A. Roll over protective structure. Unless exempted under 51.4 a roll over protective structure (ROPS) shall be provided by the employer for each tractor operated by an employee. ROPS used on wheel type tractors shall meet the test and performance requirements of SAE J 1194 "Roll over Protective Structures (ROPS) for Wheeled Agricultural Tractors and SAE J 208d" Safety for Agricultural Equipment and ROPS used on track type tractors shall meet the test and performance requirements of UOSH Construction Standards Part 1000.

B. Exempted uses:

1. "Low profile" tractors while they are used in orchards, vineyards or hop yards where the vertical clearance requirements would substantially interfere with normal operations, and while their use is incidental to the work performed therein.

2. "Low profile" tractors while used inside a farm building or greenhouse in which the vertical clearance is insufficient to allow a ROPS equipped tractor to operate, and while their use is incidental to the work performed therein.

3. Tractors while used with mounted equipment which is incompatible with ROPS, such as cornpickers, cotton strippers, vegetable pickers and fruit harvesters.

C. Seatbelts. Where the ROPS are required by this section, the employer shall:

1. Provide each tractor with a seatbelt which meets the requirements of 51.5.

2. Instruct each employee in the use of seatbelts to ensure use while the tractor is moving.

D. ROPS equipped tractors shall be fitted with seat belt assemblies (Type 1) conforming to the following: SAEJ114, J117, J140a, J141, J339a, and J800c, except as noted in Subsection (1) and (2).

1. Where a suspended seat is used, the seat belt shall be fastened to the movable portion of the seat to accommodate the ride motion of the operator.

2. The seat belt anchorage shall be capable of withstanding a static tensile force of 4448N or 1000 lbf at 45 degrees to the horizontal equally divided between the anchorages. The seat mounting shall be capable of withstanding this force plus a force equal to four times the force of gravity on the mass of all applicable seat components applied 45 degrees to the horizontal in a forward and upward direction. In addition, the seat mounting shall be capable of withstanding 2224N or 500 lbf belt force plus two times the force of gravity on the mass of all applicable seat components both applied at 45 degrees to the horizontal in an upward and rearward direction. Floor and seat deformation is acceptable provided there is no structural failure or release of the seat adjuster mechanism or other locking device. The seat adjuster or locking device need not be operable after application of the test load.

E. Protection from spillage. Batteries, fuel tanks, oil reservoirs, and coolant systems shall be constructed and located or sealed to assure that spillage will not occur which may come in contact with the operator in the event of an upset.

F. Protection from sharp surfaces. All sharp edges and corners at the operator's station shall be designed to minimize operator injury in the event of an upset.

G. Remounting. Where ROPS are removed for any reason, they shall be remounted so as to meet the requirements of this subsection.

H. Labeling. Each ROPS shall have a label, permanently affixed to the structure, which states:

1. Manufacturer's or fabricator's name and address;

2. ROPS model number, if any;

3. Tractor makes, models, or series numbers that the structure is designed to fit; and

4. That the ROPS model was tested in accordance with the requirements of this rule.

I. Operating Instructions. Every employee who operates an agricultural tractor shall be informed of the operating practices listed in Table 2 and of any other practices dictated by the work environment. Such information shall be provided at the time of initial assignment and at least annually thereafter.

TABLE 2

EMPLOYEE OPERATING INSTRUCTIONS

1. Securely fasten your seat belt if the

tractor has a ROPS.

2. Where possible, avoid operating the tractor

near ditches, embankments, and holes.

3. Reduce speed when turning, crossing slopes,

and on rough, slick, or muddy surfaces.

4. Stay off slopes too steep for safe

operation.

5. Watch where you are going, especially at row

ends, on roads, and around trees.

6. Do not permit others to ride.

7. Operate the tractor smoothly, no jerky turns,

starts, or stops.

8. Hitch only to the drawbar and hitch points

recommended by tractor manufacturers.

9. When tractor is stopped, set brakes

securely and use park lock if available.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-18 Guarding of Farm Field Equipment, Farmstead Equipment

A. This section applies to all farm field equipment and farmstead equipment manufactured after October 25, 1976. Equipment manufactured before that date shall meet the manufacturers' specifications for guards.

B. Operating instructions. At the time of initial assignment and at least annually thereafter, the employer shall instruct every employee in the safe operation and servicing of all covered equipment with which the employee is or will be involved, including at least the following safe operating practices:

1. Keep all guards in place when the machine is in operation;

2. Permit no riders on farm field equipment other than persons required for instruction or assistance in machine operation;

3. Stop engine, disconnect the power source, and wait for all machine movement to stop before servicing, adjusting, cleaning, or unclogging the equipment, except where the machine must be running to be properly serviced or maintained, in which case the employer shall instruct employees as to all steps and procedures which are necessary to safely service or maintain the equipment;

4. Make sure everyone is clear of machinery before starting the engine, engaging power, or operating the machine; and

5. Lock out power before performing maintenance or service on farmstead equipment.

C. Methods of guarding. Each employer shall protect employees from coming into contact with hazards created by moving machinery parts as follows:

1. Through the installation and use of a guard or shield or guarding by location.

2. When a guard or shield or guarding by location is infeasible, by using a guardrail or fence.

D. Strength and design of guards.

1. Where guards are used to provide the protection required by this section, they shall be designed and located to protect against inadvertent contact with the hazard being guarded.

2. Unless otherwise specified, each guard and its supports shall be capable of withstanding the force that a 250 pound individual, leaning on or falling against the guard, would exert upon that guard.

E. Guards shall be free from burrs, sharp edges, and sharp corners, and shall be securely fastened to the equipment or building.

F. Guarding by location. A component is guarded by location during operation, maintenance, or servicing when, because of its location, no employee can inadvertently come in contact with the hazard during such operation, maintenance, or servicing. Where the employer can show that any exposure to hazards results from employee conduct which constitutes an isolated and unforeseeable event, the component shall also be considered guarded by location.

G. Guarding by railings. Guardrails or fences shall be capable of protecting against employees inadvertently entering the hazardous area.

H. Servicing and maintenance. When a moving machinery part presents a hazard during servicing or maintenance, the engine shall be stopped, the power source disconnected, and all machine movement stopped before servicing or maintenance is performed, except where the employer can establish that:

1. The equipment must be running to be properly serviced or maintained;

2. The equipment cannot be serviced or maintained while a guard or guards otherwise required by this standard are in place; and

3. The servicing or maintenance can be safely performed.

I. Farm field equipment

1. Power take off guarding. All power take off shafts, including rear, mid or side mounted shafts, shall be guarded either by a master shield or by other protective guarding.

a. All tractors shall be equipped with an agricultural tractor master shield on the rear power take off except where removal of the tractor master shield is permitted by Subsection (2). The master shield shall have sufficient strength to prevent permanent deformation of the shield when a 250 pound operator mounts or dismounts the tractor using the shield as a step.

b. Power take off driven equipment shall be guarded to protect against employee contact with positively driven rotating members of the power drive system. Where power take off driven equipment is of a design requiring removal of the tractor master shield, the equipment shall also include protection from that portion of the tractor power take off shaft which protrudes from the tractor.

c. Signs shall be placed at prominent locations on tractors and power take off driven equipment specifying that power drive system safety shields must be kept in place.

2. Other power transmission components.

a. The mesh or nip points of all power driven gears, belts, chains, sheaves, pulleys, sprockets, and idlers shall be guarded.

b. All revolving shafts, including projections such as bolts, keys, or set screws, shall be guarded, except smooth shaft ends protruding less than one half the outside diameter of the shaft and its locking means.

c. Ground driven components shall be guarded if any employee may be exposed to them while the drives are in motion.

3. Functional components. Functional components, such as snapping or husking rolls, straw spreaders and choppers, cutterbars, flail rotors, rotary beaters, mixing augers, feed rolls, conveying augers, rotary tillers, and similar units, which must be exposed for proper function, shall be guarded to the fullest extent which will not substantially interfere with normal functioning of the component.

4. Access to moving parts. Guards, shields, and access doors shall be in place when the equipment is in operation. Where removal of a guard or access door will expose an employee to any component which continues to rotate after the power is disengaged, the employer shall provide, in the immediate area, the following:

a. A readily visible or audible warning of rotation; and

b. A safety sign warning the employee to look and listen for evidence of rotation and not remove the guard or access door until all components have stopped.

J. Farmstead equipment.

1. Power take off guarding.

a. All power take off shafts, including rear, mid, or side mounted shafts, shall be guarded either by a master shield or other protective guarding.

b. Power take off driven equipment shall be guarded to protect against employee contact with positively driven rotating members of the power drive system.

c. Where power take off driven equipment is of a design requiring removal of the tractor master shield, the equipment shall also include protection from that portion of the tractor power take off shaft which protrudes from the tractor.

d. Signs shall be placed at prominent locations on power take off driven equipment specifying that power drive system safety shields must be kept in place.

2. Other power transmission components. The mesh or nip points of all power driven gears, belts, chains, sheaves, pulleys, sprockets, and idlers shall be guarded. All revolving shafts, including projections such as bolts, keys, or set screws, shall be guarded, with the exception of:

a. Smooth shafts and shaft ends, without any projecting bolts, keys, or set screws, revolving at less than 10 rpm, on feed handling equipment used on the top surface of materials in bulk storage facilities; and

b. Smooth shaft ends protruding less than one half the outside diameter of the shaft and its locking means.

3. Functional components, such as choppers, rotary beaters, mixing augers, feed rolls, conveying augers, grain spreaders, stirring augers, sweep augers, and feed augers, which must be exposed for proper function, shall be guarded to the fullest extent which will not substantially interfere with the normal functioning of the component. All accessible screw conveyors shall be guarded by substantial covers or gratings, or with an inverted horizontally slotted guard of the trough type, which will prevent employees from coming into contact with the screw conveyor. Such guards may consist of horizontal bars spaced so as to allow material to be fed into the conveyor, and supported by arches which are not more than 8 feet apart. Screw conveyors under gin stands shall be considered guarded by location.

4. Sweep arm material gathering mechanisms used on the top surface of materials within silo structures shall be guarded. The lower or leading edge of the guard shall be located no more than 12 inches above the material surface and no less than 6 inches in front of the leading edge of the rotating member of the gathering mechanism. The guard shall be parallel to, and extend the fullest practical length of, the material gathering mechanism.

5. Exposed auger flighting on portable grain augers shall be guarded with either grating type guards or solid baffle type covers as follows:

a. The largest dimensions or openings in grating type guards through which materials are required to flow shall be 4- 3/4 inches. The area of each opening shall be no larger than 10 square inches. The opening shall be located no closer to the rotating flighting than 2-1/2 inches.

b. Slotted openings in solid baffle type covers shall be no wider than 1-1/2 inches, or closer than 3-1/2 inches to the exposed flighting.

6. Access to moving parts. Guards, shields, and access doors shall be in place when the equipment is in operation. Where removal of a guard or access door will expose an employee to any component which continues to rotate after the power is disengaged, the employer shall provide, in the immediate area, the following:

a. A readily visible or audible warning of rotation; and

b. A safety sign warning the employee to:

(1) look and listen for evidence of rotation; and

(2) not remove the guard or access door until all components have stopped.

K. Electrical disconnect means. Application of electrical power from a location not under the immediate and exclusive control of the employee or employees maintaining or servicing equipment shall be prevented by:

1. providing an exclusive, positive, locking means on the main switch which can be operated only by the employee or employees performing the maintenance or servicing; or

2. there is an electrical disconnect switch available to the employee within 15 feet of the equipment upon which maintenance or service is being performed; and

3. a sign is prominently posted near each hazardous component which warns the employee that unless the electrical disconnect switch is utilized, the motor could automatically reset while the employee is working on the hazardous component.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-3-19 Electrical

A. Electrical installation shall conform to the requirements of the local authority having jurisdiction provided that the requirements are substantially similar to the latest published addenda or revision of the National Electrical Code, ANSI/NFPA 70 and Standard for Electrical Safety Requirements for Employees Work Places ANSI/NFPA 70e.

B. Protection of Employees.

1. The employer shall inspect all electrical installations and utilization equipment as necessary to maintain it in good repair. Any damage which may be a hazard to employees shall be repaired before use by an employee.

2. No employer shall permit an employee to work or operate equipment within 10 feet of an electrical power circuit to which contact may be made, unless:

a. The employee is protected against electrical shock by deenergizing the circuit and grounding it or by guarding it by effective insulation or other means.

b. The employee is trained in recognition and avoidance of hazards associated with electrical circuits.

3. No employee shall be permitted or required to use electrical utilization equipment that is not intrinsically safe and approved for the location.

History

• KEY: safety
• Date of Last Change: October 18, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

R614-4 Hazardous Materials

Utah Admin. Code R614-4-1 Flammable Solids

A. No source of ignition shall be permitted in locations where a hazard of dust explosion might exist until all dust producing operations have been stopped, airborne dust allowed to settle, and accumulated dusts and closed dust containers removed to an extent which will remove the hazard of dust explosion. A well administered flame permit system shall be established requiring inspection and approval by a responsible person before allowing spark or flame producing devices into such areas.

B. Adequate separators shall be provided to prevent iron, rocks or other sparking materials from entering, grinding, shredding, pulverizing or mixing where a hazard of dust explosion exists.

C. Machines and equipment in which the hazard of a dust explosion exists shall be so located, constructed, enclosed or vented that the force of an explosion in the machine or equipment may be dissipated without endangering employees in the regular performance of their duties.

D. Dust collectors for combustible dusts which present an explosion hazard shall be located outdoors or in detached rooms of fire resistant construction and shall be provided with adequate explosion vents, except that liquid spray type collectors may be located within buildings. Care must be exercised in the selection of liquid dust collectors.

E. Ignition by static sparks is an extreme hazard in the processing of metal powders. In addition to electrically grounding and crossbonding of all equipment, floor surfaces shall be electrically conductive and employees shall be equipped with conductive footwear. Floors shall not exceed 250,000 ohms resistance to ground. Maintaining a relative humidity between 55% and 60% aids in eliminating static buildup; however, relative humidity level is not a positive means of eliminating static electricity hazards. A high relative humidity shall not be used in rooms used to store, handle or process materials which are affected by moisture such as metal dusts.

F. Extreme care shall be exercised in the processing and storage of metal powders such as aluminum and magnesium to prevent water contact with the materials. Moisture reacts with powdered metals and generates hydrogen gas which is highly explosive. Materials shall be stored in tightly sealed containers and shall be brought to ambient temperatures before opening to prevent condensation inside the container.

G. Provisions not covered by this section shall be carried out according to the National Fire Code, Volume 3, 1992, Combustible Solids and dust Explosions, or the latest addenda or revision of that code. National fire prevention codes are also distributed as ANSI Z-12.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-2 Definitions

A. General Definitions

1. "Utah OSH Act" means the Utah Occupational Safety and Health Act, Section 34A-6-101 et seq., of 1973.

2. "Administration" means the Utah Occupational Safety and Health Division within the Labor Commission.

3. "Administrator" means the director of UOSH.

4. "Commission" means the Labor Commission.

5. "Employee" includes any person suffered or permitted to work by an employer.

6. "Employer" means:

a. The state;

b. Each county, city, town, and school district in the state; and

c. Every person, firm, and private corporation, including public utilities, 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.

B. Explosives Definitions

1. "American Table of Distances" also known as Quantity Distance Tables - means American Table of Distances for Storage of Explosives as revised and approved by the Institute of the Makers of Explosives, November 5, 1971.

2. "Ammonium nitrate" - A chemical compound represented by the formula NH 4 NO 3 .

3. "Ammunition" - All components and any explosives case or contrivance prepared to form a charge, complete round, or cartridge for cannon, howitzer, mortar, or small arms, or for any other weapon, torpedo warhead, mine, depth charge, demolition charge, fuse, detonator, projectile, grenade, guided missile, rocket, pyrotechnics; and all chemical agents, fillers and associated hazardous materials.

4. "Ammunition and explosive materials operating area" - A restricted area specifically designed and set aside from other positions of an installation for the manufacturing, processing, storing and otherwise handling of ammunition or explosive materials.

5. "Approved" or "approval" - Means sanctioned, endorsed, accredited, certified, or accepted as satisfactory by a constituted and nationally recognized authority or agency.

6. "Authorized person" - Means a person approved or assigned by the employer to perform specific type of duties or to be at a specific location or locations at the job site.

7. "Barricaded" - An intervening approved barrier, natural or artificial, of such type, size and construction as to limit the effect of an explosion on nearby buildings or exposures.

8. "Blasting agent" - Any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive. Provided, that the finished product as mixed for use or shipment, cannot be detonated by a number 8 test blasting cap when unconfined.

9. "Blast area" - The area of a blast, including the area immediately adjacent, within the influence of flying rock missiles.

10. "Blaster" - The person authorized to use explosives for blasting purposes and meeting the qualifications contained in Part 109.22.2.

11. "Blasting cap" - A metallic tube closed at one end, containing a charge of one or more detonating compounds, and designed for and capable of detonation from the sparks or flame from a safety fuse inserted and crimped into the open end.

12. "Bulk mix delivery equipment" - Equipment, usually a motor vehicle with or without mechanical delivery device, that transports materials in bulk form for mixing, or loading directly into blast holes, or both.

13. "Bus wire" - An expendable wire, used in parallel or series in parallel circuits, to which are connected the leg wires of electric blasting caps.

14. "Compatibility" - The ability of explosives, explosive materials, ingredients or compositions to remain unaffected when in contact with other materials or containers.

15. "Connecting wire" - An insulated expendable wire used between electric blasting caps and the leading wires or between the bus wire and the leading wires.

16. "Deflagration" - A very rapid combustion, sometimes accompanied by flame, sparks, or spattering of burning particles. Although classed as an explosion a deflagration generally implies the burning of a substance with self-contained oxygen so that the reaction zone advances into the unreacted material at less than the velocity of sound.

17. "Delay mechanism" - A mechanism designed to initiate detonation at a predetermined period after energy is applied to the ignition system.

18. "Detonate or detonation" - To be changed by exothermic chemical reaction usually from a solid or liquid to a gas with such rapidity that the rate of advance of the reaction zone into the unreacted material exceeds the velocity of sound in the unreacted material; that is, the advancing reaction zone is preceded by a shock wave.

19. "Detonating cord" - A flexible cord containing a center core of high explosive and used to initiate other explosives.

20. "Detonator" - Any device containing a detonating charge that is used for initiating detonation in an explosive; the term includes, electric blasting caps of instantaneous and delay types, and the non-electric instantaneous and delay blasting caps.

21. "Electric blasting cap" - A blasting cap designed for and capable of detonation by an electric current.

22. "Emulsion explosive" - An explosive material containing substantial amounts of oxidizers dissolved in water droplets surrounded by an immiscible fuel: May be classified as Explosives Class A, Explosives Class B, or blasting agents.

23. "Explosive" - The term explosive includes any chemical compound or mechanical mixture which, when subjected to heat, impact, friction, detonation or other suitable initiation, undergoes a very rapid chemical change with the evolution of large volumes of highly heated gases which exert pressures in the surrounding medium. The term applies to materials that either detonate or deflagrate.

24. "Class A Explosives" - Explosives which possess detonating or otherwise maximum hazard; such as, dynamite, nitroglycerin, lead azide, blasting caps and detonating primers.

25. "Class B Explosives" - Explosives which possess flammable hazard; such as, propellant explosives, photographic flash powders, and some special fireworks.

26. "Class C Explosives" - Explosives which contain Class A or Class B explosives, or both, as components but in restricted quantities.

27. "Explosive Materials" - These include explosives, blasting agents and detonators. This term includes, dynamite and other high explosives, slurrys, emulsions, water gels, blasting agents, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters, pyrotechnics, pyrotechnic compositions, fireworks both special and common, ammunition, propellant and propellant compositions.

28. "Fireworks" - A common synonym for Pyrotechnics both special and common.

Special Fireworks - are Class B explosives as defined by the U.S. Department of Transportation.

Common Fireworks - are Class C explosives as defined by the U.S. Department of Transportation.

29. "Fuse Lighters" - Special devices for igniting safety fuse.

30. "Hazard" - A source of danger; exposure or liability to injury or harm.

31. "Inert" - Containing no explosives, active chemicals or pyrotechnics.

32. "Leading Wire" - An insulated wire used between the electric power source and the electric blasting cap circuit.

33. "Magazine" - Any building or structure or container other than an explosives manufacturing building approved for the storage of explosive materials.

34. "Mass Detonation" - Mass Explode - The virtually instantaneous explosion of a mass of explosives when only a small portion is subjected to fire, severe concussion or impact, the impulse of an initiating agent, or to the effect of a considerable discharge of energy from without.

35. "Misfire" - An explosive charge which failed to detonate.

36. "Motor Vehicle" - Any self-propelled vehicle.

37. "Oxidizer" or "Oxidizing Material" - A substance, such as a nitrate, that readily yields oxygen or other oxidizing substance to stimulate the combustion of organic matter or other fuel.

38. "Plant" - The land, buildings, and machinery used in carrying on a trade or business.

39. "Primer" - A cartridge or container of explosives into which a detonator is inserted or attached.

40. "Propellant" - An explosive material whose rate of combustion is low enough, and its other properties suitable, to permit its use as a propelling charge. A propellant may be either solid or liquid. A single base propellant composition consists primarily of matrix of nitrocellulose. A double base propellant composition contains nitrocellulose and nitroglycerine. A composite propellant composition contains an oxidizing agent in a matrix of binder.

41. "Pyrotechnics or Pyrotechnic Compositions" - A mixture of materials consisting essentially of an oxidizing agent (oxidant) and a reducing agent (fuel), that is capable of producing an explosive self-sustaining reaction when heated to its ignition temperature; such as, devices used to produce sound, colored lights or smokes for signaling, a bright light for illumination, and time delays.

42. "Qualified" - Means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated the ability to solve or resolve problems relating to the subject matter, the work or the project.

43. "Restricted Area" - Any area, from which personnel, aircraft, or vehicles, other than required for operations, are excluded for reasons of safety and security.

44. "Safety Fuse" - A flexible cord containing an internal burning medium by which fire or flame is conveyed at a continuous and uniform rate from the point of ignition to the point of use, usually a detonator.

45. "Semiconductive Hose" - A hose with an electrical resistance high enough to limit flow of stray electric currents to safe levels, yet not so high as to prevent drainage of static electric charges to ground. Hose of not more than 2 megohms resistance over this entire length and of not less than 5,000 ohms per foot meets the requirement.

46. "Sensitivity" - A physical characteristic of an explosive material, classifying its ability to react to externally applied energy or changes in environment.

47. "Shield" - A safeguard securely braced and of a strength proven sufficient to withstand the effects of the maximum credible incident involving the item being handled.

48. "Slurry" - An explosive material containing substantial portions of a liquid, oxidizers, and fuel, plus a thickener. Slurrys may be classified as Explosives Class A, Explosives Class B, or Blasting Agents.

49. "Small Arms Ammunition" - Any shotgun, rifle, pistol, or revolver cartridge, and cartridges for propellant-actuated power devices and industrial guns.

50. "Small Arms Ammunition Primers" - Are small percussion-sensitive explosive charges, encased in a cup, used to ignite propellant powder.

51. "Smokeless Propellants" - Solid propellants, commonly called smokeless powders in the trade, used in small arms ammunition, cannon, rockets, propellant-actuated power devices, etc.

52. "Stability" - The ability of an explosive material to retain chemical and physical properties when exposed to specific environmental conditions over a particular period.

53. "Stemming" - A suitable inert or incombustible device used to confine or separate explosives in a drill hole, or to cover explosives in mudcapping.

54. "Substantial Dividing Wall" - A structure designed to resist the effects of accidental explosions or to prevent propagation of detonation by blast or fragments.

55. "Water Gels" - An explosive material containing substantial portions of water, oxidizers, and fuel, plus a cross- linking agent. Water gels may be classified as Explosives Class A, Explosives Class B, or Blasting Agents.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-3 Explosive Materials, Purpose Scope and Responsibility

A. Purpose: To set forth safe practices and standards for work performed in the manufacture and use of explosives, explosive material, ammunition, pyrotechnics, and related materials.

B. Scope and Application: These standards shall apply to the manufacture, testing, research, storage and use of explosives, explosive material, ammunition, pyrotechnics, fireworks both special and common, propellants, propellant compositions and related materials within the boundaries of the State of Utah. These standards shall apply to employers who employ one or more employees. These standards shall not apply to the laboratories of schools and colleges when confined to educational purposes or to explosive materials in the forms prescribed by the official United States Pharmacopeia or the National Formulary and used in medicines and medicinal agents.

C. Responsibility: Before starting new operations, it shall be the responsibility of every manufacturer within the scope of this standard to notify in writing the Administrator of the Utah Occupational Safety and Health Division of the Labor Commission.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-4 Explosive Materials, General Requirements

A. Any new or existing operation shall have written operating rules and practices developed and approved by management as being in accordance with this subsection. The operating rules and practices shall include such items as:

1. Safety requirements,

2. Personal protective clothing and equipment,

3. Personnel and explosive material limits,

4. Equipment designation, inspection and maintenance,

5. Location and sequence of operations,

6. Housekeeping procedures,

7. Mixing procedures,

8. Destruction or disposal of explosive material,

9. Test on product and ingredients for compatibility and sensitivity before production.

B. No deviations from the operating rules and practices shall be permitted without written management approval.

C. An emergency action plan shall be in writing and shall cover those designated actions employers and employees must take to ensure employee safety in emergencies, such as fire, explosion, and adverse weather conditions. The following elements, at a minimum, shall be included in the plan:

1. Emergency evacuation procedures and emergency escape route assignments;

2. Procedures to be followed by employees who remain to operate critical operations or fight fires before they evacuate;

3. Procedures to account for all employees after emergency evacuation has been completed;

4. Rescue and medical duties for all employees after emergency evacuation has been completed;

5. The preferred means of reporting explosions, fires, and other emergencies;

6. Where fire departments or other agencies are depended on for emergency assistance, prior notice shall be given of potential hazards, and

7. Names or regular job titles of persons or departments to be contacted for further information or explanation of duties under the plan.

D. Employees shall be trained regarding pertinent requirements of Subsections R614-4-4(A), (B), and (C).

E. Applicable portions of the operating rules and practices shall be convenient to all employees involved in the operation. Supervisory personnel shall maintain copies of the overall operating procedure and be responsible for the enforcement of its provisions.

F. Buildings on explosives materials plant sites shall be separated by minimum distances conforming to the requirements of the "Intra Plant Distance Table for Use only Within Confines of Explosives Manufacturing Plants" which Table is contained in "The American Table of Distances," 1991 edition as published by the Institute of Makers of Explosives, and incorporated by reference in this rule; except those buildings or sites that meet the specific requirements of other organizations such as the Department of Defense.

G. Mixing facilities for blasting agents shall be separated from storage facilities and each other in accordance with the "Table of Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents" which Table is contained in "The American Table of Distances", 1991 edition as published by the Institute of Makers of Explosives, and incorporated by reference in this rule.

H. All explosive material operations shall be scrutinized to devise methods for reducing the number of employees exposed, or the quantity of material subject to a single incident. Where necessary to protect employees, appropriate shields, substantial dividing walls or barricades shall be provided to shield employees from hazards; where this is not practicable, work by remote control shall be utilized.

I. An explosive material shall not be put in production unless safe working limits have been determined and posted. Operations shall be shut down when limits are exceeded.

J. Appropriate visual inspections shall be made of mixing, conveying, packaging, or other equipment to establish that such equipment is in safe operating condition. All problems relating to the safety of employees shall be corrected.

K. Floors and work surfaces in hazardous locations shall be constructed to facilitate cleaning and shall have no cracks or crevices in which explosive material may lodge.

L. Buildings shall be cleaned to prevent accumulations of explosive materials. Combustible or explosive waste shall be removed from buildings as often as necessary.

M. Explosive material spills shall be cleaned up immediately. An appropriate cleaning and collection system for hazardous residues shall be provided and used.

N. Waste explosives and materials contaminated with explosives shall be kept separate from all other waste.

O. Care shall be exercised so that foreign objects or materials do not get into explosive materials.

P. Appropriate tools and equipment shall be used in explosive materials operations.

Q. Only properly identified and inspected explosives materials shall be mixed.

R. Finished explosive materials shall be identified.

S. No person shall store, handle or transport explosives or materials when such storage handling, and transportation of explosives or material constitutes an undue hazard to life.

T. Explosive material areas shall be placarded at each entrance. Personnel entering these areas shall present the proper credentials and turn over all articles prohibited by management before entering the area. Plant boundaries shall be fenced unless topography or other physical considerations accomplish this; the boundaries of restricted areas shall be posted at intervals to warn against trespassing.

U. Parking of vehicles in restricted areas near explosives facilities shall be controlled to minimize fire and explosion hazards and prevent congestion in event of emergency. Vehicles shall be parked in designated areas only.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-5 Building Construction

A. Buildings used for explosive materials shall be of a safe design for the materials being handled and shall be maintained in that condition.

B. Heating equipment shall be installed in a manner to prevent ignition, deflagration or explosion of the materials being handled.

C. Buildings where dust, fumes, or vapors are possible shall be adequately ventilated, at the source of the hazard. Exhaust fans through which combustible dust or flammable vapors pass shall be equipped with non-sparking blades, or casing lined with non-sparking material, and approved motors. The entire ventilating system shall be bonded electrically and grounded properly.

D. Cleaning and collection systems shall be installed and maintained in a manner that takes into consideration the materials being handled.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-6 Electrical

A. All electrical switches, controls, motors, wiring and equipment located in explosive material plants shall conform to the requirements of 29 CFR 1910 Subpart S (Electrical).

B. In any operations where the continuous supply of power may cause a hazard to employees, an alternate source of power shall be provided.

C. The primary electrical supply to an explosives area shall be so arranged that it can be cut off by switches located at one or more central points away from the area.

D. When static electricity is a hazard, non-sparking conductive floors and work surfaces or other approved methods to control and disperse static electricity are required. Continuity of grounding on all mechanical devices shall be assured.

E. Only artificial lighting devices approved for the location shall be permitted in explosive areas.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-7 Fire or Explosion Prevention

A. No person shall take matches, lighters or other fire, flame, heat or spark producing devices into any restricted area containing ammunition, explosive material or readily ignitable flammable materials except by written authorization. When such authority has been received, a carrying device, too large to fit into the pockets, shall be used for matches, lighters, and similar materials. The carrying of and the use of "strike anywhere" matches are prohibited.

B. An employee, whose clothing is contaminated with explosive or flammable material to the degree that it may endanger the safety of the employee, shall not smoke, go near fire, open flame or spark producing devices.

C. Smoking is prohibited except in designated smoking areas.

D. The land within 25 feet of any explosive material manufacturing or mixing building shall be kept clear of rubbish, brush, dried grass, leaves, dead trees, all live trees less than 10 feet high, and other combustible materials.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-8 Protective Clothing and Equipment

A. Management shall assure that employees use appropriate protective clothing, eye and face protection equipment, and respiratory protection equipment, where necessary to protect the safety and health of employees, and shall assure employees are trained in their use.

B. When required by exposure, a shower bath shall be taken at the end of each shift.

C. Shoes shall be cleaned before entering or leaving explosive materials buildings.

D. Contaminated work clothing and shoes shall not be worn off the plant site.

E. Employees who work upon conductive flooring, conductive mats, or conductive runners where explosive materials or flammable vapors are present must wear non-sparking conductive footwear and the conductivity shall be assured. Personnel from other departments or visitors who enter these areas shall also comply. See ANSI/UL 467-1972 Grounds and Grounding and ANSI Z41.3-1976 Conductive Safety-Toe Footwear.

F. Under no circumstances will personnel working on electrical equipment or facilities wear conductive-soled safety shoes or other conductive footwear.

G. Operational safety showers and eye wash facilities, clearly identified, shall be provided in case of contact with corrosives. All personnel employed in corrosive areas shall know the location of safety showers and eye wash facilities and be trained in their use.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-9 Intra Plant Transportation

A. When moving explosive materials, the material shall be in acceptable containers, and covered when necessary.

B. Only authorized employees shall operate motorized equipment.

C. Vehicles used for the transportation of explosives shall be of a design to safely handle the material being moved.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-10 Explosive Materials Ingredient Preparation Operations

A. When explosive material ingredients are susceptible to ignition by static electricity, shock, friction, spontaneous combustion, or incompatibility, adequate precaution shall be taken.

B. Blending or mixing equipment shall be of a construction suitable for the hazards of the materials being handled or processed.

C. Drive equipment for explosive material blenders, mixers, presses (hydraulic), screeners (mechanical), and other equipment shall be so designed that drive motors and pumps are located outside of the operating room in a dust-free and vapor- free atmosphere.

D. When materials are dried, the safe temperature for drying shall be established and then not exceeded at any point in the dryer apparatus or drying operation.

E. Containers used for handling oxidizers such as sodium nitrate and ammonium nitrate shall be examined for foreign material before use.

F. When necessary, screening of raw materials shall be supplemented by a permanent type magnetic separator.

G. Sulfur shall be handled so as to avoid friction and static electricity ignition.

H. Nitrocotton shall not be subjected to rough handling.

I. Extreme cleanliness shall be maintained in all nitrocotton operations. Any material that has escaped from its container shall be wet down immediately with water for proper disposal. Waste or dirty nitrocotton shall be properly disposed of.

J. Hoops and nuts on nitrocotton barrels or containers shall be wet with water or oil before removing them and before placing them back on the containers.

K. Nitrocotton shall be stored in closed containers.

L. Frozen nitrocotton shall be thawed before removing from drums.

M. Nitrocotton shall be screened before use; screens shall be of non-sparking material and grounded.

N. Nitrocotton containing less than 25% moisture shall not be screened.

O. Partially filled drums of nitrocotton or similar materials shall be closed to prevent evaporation of moisture.

P. Empty drums shall be thoroughly cleaned of nitrocotton, inside and out.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-11 Maintenance and Repairs

A. Repairs to explosive material, machinery or buildings shall not be made without prescribed cleanup, decontamination and approval by authorized supervisory personnel.

B. All new or newly repaired process equipment used in explosive material operations shall be examined and test operated before being placed into routine operation.

C. All tools used for lubrication, repairs or adjustment of explosive material equipment shall be removed from the building or returned to their proper location before routine operations are started or resumed.

D. Refueling shall comply with 29 CFR 1910.106.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-12 Storage of Explosive Material

A. Explosives and related materials shall be stored in approved facilities required under 27 CFR 55 Commerce in Explosives, and the applicable provisions of the U.S. Department of Defense Regulations.

B. All explosive materials shall be stored in an approved magazine or area unless they are in process, being used or being loaded or unloaded into or from transportation vehicles or while in the course of transportation.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-13 Transportation of Explosive Material

Transportation of explosives shall meet all the provisions of the U.S. Department of Transportation and Utah Department of Transportation.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-14 Blasting Agents

A. General. Unless otherwise set forth in this rule, blasting agents, excluding slurry, water gels, and emulsions, shall be manufactured, transported, stored, and used in accordance with these regulations. Slurry, water gels, and emulsion are covered in Rule R614-4.

B. Fixed Location Mixing.

1. Buildings or other facilities used for the mixing of blasting agents shall conform to the following minimum requirements.

2. Buildings shall be of noncombustible construction or sheet metal on wood studs.

3. Floors shall be of concrete or other non-absorbent material. They shall be constructed without enclosed floor drains and piping into which molten materials could flow and be confined in case of fire.

4. All fuel oil storage facilities, including heating oil and process oil, shall be separated from the mixing plant, and located in such a manner that in case of tank rupture the oil will drain away from the mixing plant, or diked in a manner to contain the tank contents in case of rupture.

5. The building shall be well ventilated See Subsection R614-4-5(C).

6. Only heating units which do not depend on combustion processes, properly designed and located, may be used in the plant. Electric heaters with exposed resistance elements are prohibited. All direct sources of heat shall be provided from units located outside the mixing building.

7. All internal-combustion engines, such as diesel or gasoline-powered generators, shall be located outside the mixing building, or shall be properly ventilated and isolated by a permanent firewall. The exhaust systems on all such engines shall be provided with spark-arrester mufflers, or be remotely located, so that any spark emission will not be a hazard to any materials in or adjacent to the building.

C. Equipment used for mixing blasting agents shall conform to the requirements of this subdivision.

1. The design of the processing equipment, including mixing and conveying equipment, shall be compatible with the relative sensitivity of the materials being handled. Equipment shall be designed to minimize the possibility of frictional heating, compaction, overloading, accumulation of dust, and confinement. All bearings and drive assemblies shall be mounted outside the mixer. All surfaces shall be accessible for cleaning. All hollow shafts shall be constructed to permit venting with an opening of at least 1/2 inch diameter.

2. Both equipment and handling procedures shall be designed to prevent the introduction of foreign objects or materials.

3. Mixers, pumps, valves and related equipment shall be designed to permit regular and periodic flushing, cleaning, dismantling and inspection.

4. All electrical equipment, including wiring, switches, controls, motors and lights which is located inside the mixing room shall conform to the requirements of 29 CFR 1910 Subpart S for Class II, Division 2 locations.

5. Mixing and packaging equipment shall be constructed of materials compatible with the materials being handled.

6. Suitable means shall be provided to prevent the flow of fuel to the mixer in case of fire. In gravity flow systems, an automatic spring-loaded shut-off valve with fusible link shall be installed.

D. This subsection shall be considered when determining blasting agent compositions.

1. The sensitivity of the blasting agent shall be determined by a No. 8 test blasting cap at regular intervals and after every change in formulations.

2. Oxidizers of small particle size, such as crushed ammonium nitrate prills or fines, may be more sensitive than coarser products and shall, therefore, be handled with greater care.

3. No hydrocarbon liquid fuel with flashpoint lower than that of no. 2 diesel fuel oil 125 degrees F. minimum shall be used.

4. Crude oil and crankcase oil shall not be used.

5. Metal powders such as aluminum shall be kept dry and stored in containers or bins which are moisture-resistant or weather-tight. Solid fuels shall be used in such manner as to minimize dust explosion hazards.

6. Peroxides and chlorates shall not be used.

E. Mixing Operations

1. Safety precautions at mixing plants shall include the requirements of this subdivision.

2. The mixing, loading, and ingredient transfer areas where residues or spilled materials may accumulate shall be cleaned periodically. A cleaning and collection system for dangerous residues shall be provided.

3. A daily visual inspection shall be made of the mixing, conveying and electrical equipment to determine that such equipment is in safe operating condition. All discrepancies shall be corrected before operation. A program of systematic maintenance shall be conducted on a regular schedule.

4. The entire mixing and packaging plant shall be cleaned regularly and thoroughly to prevent excessive accumulation of dust, grease, and product ingredients.

5. Empty ingredient bags shall be disposed of daily in a safe manner.

6. No welding shall be permitted nor open flames allowed in or around the mixing or storage area of the plant, unless the equipment and area have been completely washed down and all fuels and oxidizing material removed.

7. Before welding or making repairs to hollow shafts, all fuels and oxidizing material shall be removed from the outside and inside of the shaft by a thorough washing, and the shaft shall be vented.

8. Other explosive material shall not be stored inside of or within 50 feet of any building or facility used for the mixing of blasting agents.

F. Bulk delivery and mixing vehicles.

1. This subsection shall apply to off-highway private operations as well as to all public highway movements.

2. A bulk vehicle body for delivering and mixing blasting agents shall conform with the requirements of this subdivision.

a. The body shall be constructed of noncombustible materials.

b. Vehicles used to transport bulk premixing blasting agents on public highways shall have closed bodies.

c. All moving parts of the mixing system shall be designed as to prevent a heat buildup. Shafts or axles which contact the product shall have outboard bearings with 1-inch minimum clearance between the bearings and the outside of the product container. Particular attention shall be given to the clearances on all moving parts.

d. A bulk delivery vehicle shall be strong enough to carry the load without difficulty and be in safe mechanical condition.

e. When electric power is supplied by a self-contained motor generator located on the vehicle, the motor generator shall be separated from the blasting agent discharge.

f. A positive action parking brake which will set the wheel brakes on at least one axle shall be provided on vehicles when equipped with air brakes and shall be used during bulk delivery operations. Wheel chocks shall supplement parking brakes when conditions may require.

3. Operation of bulk delivery vehicles shall conform to the requirements of this subdivision. These include the placarding requirements as specified by the Department of Transportation.

a. The operator shall be trained in the safe operation of the vehicle together with its mixing, conveying, and related equipment. The employer shall assure that the operator is familiar with the commodities being delivered and the general procedure for handling emergency situations.

b. The operator shall be familiar with applicable local, state, and federal laws and regulations governing the transportation of explosive materials to the location and on the site.

c. No person shall smoke, carry matches or any flame producing device, or carry any firearms while in or about bulk vehicles effecting the mixing, transfer, or down-the-hole loading of blasting agents at or near the blasting site.

d. Caution shall be exercised in the movement of the vehicle in the blasting area to avoid driving the vehicle over or dragging hoses over firing lines, cap wires, or explosive materials. The employer shall assure that the driver, in moving the vehicle, has assistance of a second person to guide the driver's movements. e. No in transit mixing of materials shall be performed.

4. Pneumatic loading from bulk delivery vehicles into blast holes primed with electric blasting caps or other static- sensitive systems shall conform to the requirements of the subdivision.

a. A positive grounding device shall be used to prevent the accumulation of static electricity.

b. A discharge hose shall be used that has a resistance range that will prevent conducting stray currents, but that is conductive enough to bleed off static buildup.

c. A qualified person shall evaluate all systems to determine if they will adequately dissipate static under potential field conditions.

5. Repairs to bulk delivery vehicles shall conform to the requirements of this section.

a. No welding or open flames shall be used on or around any part of the delivery equipment unless it has been completely washed down and all oxidizer material removed.

b. Before welding or making repairs to hollow shafts, the shaft shall be thoroughly cleaned inside and out and vented with a minimum one-half inch diameter opening.

G. Bulk Storage Bins

1. The bin, including supports, shall be constructed of compatible materials, waterproof, and adequately supported and braced to withstand the combination of all loads including impact forces arising from product movement within the bin and accidental vehicle contact with the support legs.

2. The bin discharge gate shall be designed to provide a closure tight enough to prevent leakage of the stored product. Provision shall also be made so that the gate can be locked.

3. Bin loading manways or access hatches shall be hinged or otherwise attached to the bin and designed to permit locking.

4. Any electrically driven conveyors for loading or unloading bins shall conform to the requirements of 29 CFR 1910 Subpart S. They shall be designed to minimize damage from corrosion.

5. Bins containing blasting agent shall be located, with respect to inhabited buildings, passenger railroads, and public highways, in accordance with American Table of Distances and separation from other blasting agent storage and explosives storage shall be in conformity with NFPA 492.

6. Bins containing ammonium nitrate shall be separate from blasting agent storage and explosives storage in conformity with NFPA 492.

H. Storage of Blasting Agents shall conform with the requirements of Section R614-4-12.

I. Transportation of Blasting Agents shall conform with the requirements of Section R614-4-13.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-15 Slurry, Water Gel and Emulsions

A. General Provisions. Unless otherwise set forth in this rule, slurry, water gels, and emulsions shall be manufactured, transported, stored and used in the same manner as explosives or blasting agents in accordance with these regulations.

B. Types and classification.

1. Slurry, water gels, and emulsions which are cap-sensitive as defined in Subsection R614-4-2(B) under Blasting Agent shall be classified as an explosive and manufactured, transported, stored, and used as specified for "explosives" in this rule.

2. Slurry, water gels, and emulsions which are not cap-sensitive as defined in Subsection R614-4-2(B) of this section under Blasting Agent shall be classified as blasting agents and manufactured, transported, stored, and used as specified for "blasting agents" in this rule.

3. When tests on specific formulations of slurry, water gels, and emulsions result in Department of Transportation classification as a Class B explosive, bullet-resistant magazines are not required. See Section R614-4-12.

C. Fixed Location Mixing

1. Buildings or other facilities used for the mixing of slurries, water gels and emulsions shall conform to the following minimum requirements.

2. Buildings shall be of noncombustible construction or sheet metal on wood studs.

3. Floors shall be of concrete or other non-absorbent material. They shall be constructed without enclosed floor drains and piping into which molten materials could flow and be confined in case of fire.

4. All fuel oil storage facilities, including heating oil and process oil, shall be separated from the mixing plant, and located in such a manner that in case of tank rupture the oil will drain away from the mixing plant, or diked in a manner to contain the tank contents in case of rupture.

5. The building shall be well ventilated.

6. Only heating units which do not depend on combustion processes, properly designed and located, may be used in the plant. Electric heaters with exposed resistance elements are prohibited. All direct sources of heat shall be provided from units located outside the mixing building.

7. Internal-combustion engines, such as diesel or gasoline-powered generators, when the hazard exists, shall be located outside the mixing building or shall be properly ventilated and isolated by a permanent firewall. The exhaust systems on all such engines shall be provided with spark-arrester mufflers, or be remotely located, so that any spark emission will not be a hazard to any materials in or adjacent to the building.

D. Ingredients of Slurry, Water Gels and Emulsions.

1. Ingredients of slurries, water gels, and emulsions shall conform to the requirements of this subdivision.

2. Ingredients classified as Class A or Class B Explosives shall be stored in conformity with Section R614-4-15 of this rule.

3. Nitrate-water solutions may be stored in tank cars, tank trucks, or fixed tanks without quantity or distance limitations. Spills or leaks which may contaminate combustible materials shall be cleaned up immediately.

4. Metal powders such as aluminum shall be kept dry and shall be stored in containers or bins which are moisture- resistant or weather-tight. Solid fuels shall be used in such manner as to minimize dust explosion hazards.

5. Ingredients shall not be stored with incompatible materials.

6. Peroxides and chlorates shall not be used.

E. Mixing Equipment

1. Mixing equipment shall comply with the requirements of this subdivision.

2. The design of the processing equipment, including mixing and conveying equipment, shall be compatible with the relative sensitivity of the materials being handled. Equipment shall be designed to minimize the possibility of frictional heating, compaction, overloading, and confinement.

3. Both equipment and handling procedures shall be designed to prevent the introduction of foreign objects or materials.

4. Mixers, pumps, valves and related equipment shall be designed to permit regular and periodic flushing, cleaning, dismantling, and inspection.

5. All electrical equipment including wiring, switches, controls, motors and lights, shall conform to the requirements of 29 CFR 1910 Subpart S.

F. Bulk delivery and mixing vehicles

1. This subsection shall apply to off-highway private operations as well as to all public highway movements.

2. The design of vehicles shall comply with the requirements of this subdivision.

a. Vehicles used over public highways for the bulk transportation of water gels or of ingredients classified as dangerous commodities, shall meet the requirements of the Department of Transportation and shall meet the requirements of this section.

b. When electric power is supplied by a self-contained motor generator located on the vehicle the generator shall be at a point separated from where the water gel is discharged.

c. The design of processing equipment and general requirements shall conform to the requirements of this Chapter.

d. A bulk delivery vehicle shall be strong enough to carry the load without difficulty and be in good mechanical condition.

e. A positive action parking brake which will set the wheel brakes on at least one axle shall be provided on vehicles when equipped with air brakes and shall be used during bulk delivery operations. Wheel chocks shall supplement parking brakes when conditions may require.

G. Operation of bulk delivery and mixing vehicles shall comply with the requirements of this subdivision.

1. The operator shall be trained in the safe operation of the vehicle together with its mixing, conveying, and related equipment and shall be familiar with the commodities being delivered and the general procedure for handling emergency situations.

2. The operator shall be familiar with applicable local, state and federal laws and regulations governing the transportation of explosive materials to the location and on the site.

3. No person shall be allowed to smoke, carry matches or any flame producing devices, or carry any firearms while in or about bulk vehicles effecting the mixing, transfer, or down-the-hole loading of slurry, water gels, and emulsions, at or near the blasting site.

4. Caution shall be exercised in the movement of the vehicle in the blasting area to avoid driving the vehicle over or dragging hoses over firing lines, cap wires, or explosive materials. The employer shall assure the driver uses the assistance of a second person to guide the driver's movements.

5. No in transit mixing of materials shall be performed.

6. The location chosen for slurry, water gel, and emulsions or ingredient transfer from a support vehicle into the borehole loading vehicle shall be away from the blasting hole site when the boreholes are loaded or in the process of being loaded.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-16 Small Arms Ammunition, Small Arms Primers, and Small Arms Propellants

A. Scope - This rule does not apply to in-process storage and intraplant transportation during manufacture of small arms ammunition, small arms primers and smokeless propellants.

B. Small Arms Ammunition

1. No quantity limitations are imposed on the storage of small arms ammunition in warehouses, retail stores, and other general occupancy facilities except those imposed by limitations of storage facilities.

2. Small arms ammunition shall be separated from flammable liquids, flammable solids as classified in 49 CFR 172, and from oxidizing materials, by a fire-resistive wall of 1 hour rating or by a distance of 25 feet.

3. Small arms ammunition shall not be stored together with Class A or Class B explosives unless the storage facility is adequate for this latter storage.

C. Smokeless Propellants

1. All smokeless propellants shall be stored in shipping containers specified in 27 CFR 55 Commerce in Explosives for smokeless propellants.

2. Commercial stocks of smokeless propellants over 20 pounds and not more than 100 pounds shall be stored in portable wooden boxes having walls of at least 1 inch nominal thickness.

3. Commercial stocks in quantities not to exceed 750 pounds shall be stored in nonportable storage cabinets having wooden walls of at least 1 inch nominal thickness. Not more than 400 pounds shall be permitted in any one cabinet.

4. Quantities in excess of 750 pounds shall be stored in magazines in accordance with Section R614-4-12.

D. Small Arms Ammunition Primers

1. Small arms ammunition primers shall not be stored except in the original shipping container in accordance with the requirements of Department of Transportation for small arms ammunition primers.

2. Small arms ammunition primers shall be separated from flammable liquids, flammable solids as classified in 49 CFR 172, and oxidizing materials by a fire-resistive wall of 1-hour rating or by a distance of 25 feet.

3. Not more than 750,000 small arms ammunition primers shall be stored in any one building, except as provided in Subsection R614-4-16(D)(4). Not more than 100,000 shall be stored in any one pile. Piles shall be at least 15 feet apart.

4. Quantities of small arms ammunition primers in excess of 750,000 shall be stored in magazines in accordance with Section R614-4-12.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-17 Fireworks

Scope - This rule applies to the manufacture of Class B and C fireworks.

A. All fireworks manufacturing shall comply with the requirements of this rule and the applicable portions of Rule R614-4.

1. No more than 500 pounds of pyrotechnic and explosive composition shall be permitted at one time in any mixing building or any building in which pyrotechnic and explosive compositions are pressed or otherwise prepared for finishing and assembling.

2. No more than 500 pounds of pyrotechnic and explosive composition shall be permitted in a finishing and assembling building at one time.

3. In no case shall oxidizers such as nitrates, chlorates, or perchlorates be stored in the same building with combustible powdered materials such as charcoal, guns, metals, sulfur, or antimony sulfide.

B. Separation Distances.

1. All process buildings shall be separated from inhabited buildings, public highways and passenger railways in accordance with American Table of Distance.

2. The separation distance between process buildings shall be in accordance with American Table of Distances.

3. Separation distances of nonprocess buildings from process buildings and magazines shall be in accordance with American Table of Distances.

4. Separation of magazines containing black powder or salutes classified as Class B fireworks from inhabited buildings, highways, and other magazines containing black powder or salutes classified as Class B fireworks shall be in accordance with American Table of Distances.

C. Building Construction

1. The exterior of process buildings constructed after this Code is adopted shall be constructed of materials no more combustible than painted wood.

2. No buildings shall have a basement. Interior wall surfaces and ceilings of buildings shall be smooth, free from cracks and crevices, noncombustible, and with a minimum of horizontal ledges upon which dust may accumulate. Wall joints and openings for wiring and plumbing shall be sealed to prevent entry of dust. Floors and work surfaces shall not have cracks or crevices in which explosives or pyrotechnic compositions may lodge.

3. Mixing, screening, pressing and assembly buildings or areas shall have conductive flooring, properly grounded.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-18 Use of Explosives and Blasting Agents

A. General Provision

1. While explosives are being handled or used, smoking shall not be permitted and no one near the explosives shall possess matches,open light or other fire or flame except for ignition purposes. No person shall be allowed to handle explosives while under the influence of intoxicating liquors, narcotics, or other dangerous drugs.

2. Original containers or approved magazines shall be used for taking detonators and other explosives from storage magazines to the blasting area.

3. When blasting is done in congested areas or in proximity to a structure, or any other installation that may be damaged, the blast shall be covered before firing with a mat constructed so that it is capable of preventing fragments from being thrown.

4. Persons authorized to prepare explosive charges or conduct blasting operations shall use every reasonable precaution including warning signals, flags, barricades, or woven wire mats to insure the safety of all employees.

5. Surface blasting operations, except during unusual conditions shall be conducted during daylight hours.

a. Unusual blasting operations associated with industrial processes that are performed inside buildings shall be permitted, regardless of time of day, if both of the following conditions are met:

(1) All requirements concerning the use of explosives during normal blasting operations are implemented; and

(2) A minimum illumination intensity of 20 foot-candles is provided within a 5-foot (1.52m) radius of where explosive charges are being assembled, where explosive charges are being placed, and where explosive materials are being attached to initiating devices.

6. When blasting is being conducted in the vicinity of gas, electric, water, fire alarm, telephone, telegraph, and steam utilities, the blaster shall notify the appropriate representatives of such utilities at least 24 hours in advance of blasting, specifying the location and intended time of such blasting. Verbal notice shall be confirmed with written notice.

7. Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by radar, radio transmitters, lightning, adjacent powerlines, dust storms, or other sources of extraneous electricity. These precautions shall include:

a. The suspension of all blasting operations and removal of persons from the blasting area during the approach and progress of an electric storm; and

b. The posting of signs warning against the use of mobile radio transmitters. See ANSI C-95.4 and Institute of Makers of Explosive Safety Library Publication #20.

8. Warning signs, indicating a blast area, shall be maintained at all approaches to the blast area. The warning sign lettering shall not be less than 4 inches in height on a contrasting background.

9. The blaster shall keep an accurate, up-to-date record of explosives, explosive materials, blasting agents, and blasting supplies used in a blast and shall keep an accurate running inventory of all explosives and blasting agents stored on the operation.

10. No activity of any nature other than that which is required for drilling or for loading holes with explosive material shall be permitted in a blast area.

11. Empty boxes and paper and fiber packing materials which have previously contained explosive material shall not be used again for any purpose, but shall be destroyed by burning at an approved isolated location out of doors, and no person shall be nearer than 100 feet after the burning has started.

12. Containers of explosives shall not be left open in any magazine or within 50 feet of any magazine. In opening kegs or wooden cases, no sparking metal tools shall be used; wooden wedges and either wood, fiber or rubber mallets shall be used. Non-sparking metallic slitters may be used for opening fiberboard cases.

13. Explosives or blasting equipment that are deteriorated or damaged shall not be used.

14. No explosives shall be abandoned.

B. Blaster Qualifications.

1. A blaster shall be able to understand and give written and oral orders.

2. A blaster shall be qualified by reason of training, knowledge, or experience, in the field of transporting, storing, handling, and use of explosives material and have a working knowledge of State and local laws and regulations which pertain to explosives material.

3. Blasters shall be required to furnish satisfactory evidence of competency in handling explosives material and performing in a safe manner the type of blasting that will be required.

4. The blaster shall be knowledgeable and competent in the use of each type of blasting method used.

C. Loading of Explosive Materials.

1. Procedures that permit safe loading shall be established and followed.

2. All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives.

3. Tamping shall be done only with wood rods or plastic tamping poles without exposed metal parts, but non-sparking metal connectors may be used for jointed poles. Violent tamping shall be avoided. The primer shall never be tamped.

4. When loading blasting agents over electric blasting caps, semiconductive delivery hose shall be used and the equipment shall be bonded and grounded.

5. No holes shall be loaded except those to be fired in the next round of blasting.

6. No loaded holes shall be left unattended or unprotected.

7. Drilling shall not be started until all remaining butts of old holes are examined for unexploded charges, and if any are found, they shall be refired before work proceeds.

8. No employee shall be allowed to deepen drill holes which have contained explosives.

9. After loading for a blast is completed, all excess blasting caps or electric blasting caps and other explosives shall immediately be returned to their separate storage magazines.

D. Initiation of Explosive Charges - Electric Blasting.

1. Electric blasting caps shall not be used where sources of extraneous electricity make the use of electric blasting caps dangerous. Blasting cap leg wires shall be kept short-circuited (shunted) until they are connected into the circuit for firing.

2. Before adopting any system of electrical firing, the blaster shall conduct a thorough survey for extraneous currents, and all dangerous currents shall be eliminated before any holes are loaded.

3. In any single blast using electric blasting caps, all caps shall be electrically compatible.

4. Electric blasting shall be carried out by using blasting circuits or power circuits in accordance with the electric blasting cap manufacturer's recommendations.

5. When firing a circuit of electric blasting caps, care must be exercised to ensure that an adequate quantity of delivered current is available, in accordance with the manufacturer's recommendations.

6. Connecting wires and lead wires shall be insulated single solid wires of sufficient current-carrying capacity.

7. Buss wires shall be solid single wires of sufficient current-carrying capacity.

8. When firing electrically, the insulation on all firing lines shall be adequate in good condition.

9. A power circuit used for firing electric blasting caps shall not be grounded.

10. In underground operations when firing from a power circuit, a safety switch shall be placed in the permanent firing line at intervals. This switch shall be made so it can be locked only in the "off" position and shall be provided with a short- circuiting arrangement of the firing lines to the cap circuit.

11. In underground operations there shall be a "lightning" gap of at least 15 feet in the firing system ahead of the main firing switch; that is, between this switch and the source of power. This gap shall be bridged by a flexible jumper cord just before firing the blast.

12. When firing from a power circuit, the firing switch shall be locked in the open or "off" position at all times, except when firing. It shall be so designed that the firing lines to the cap circuit are automatically short-circuited when the switch is in the "off" position. Keys to this switch shall be entrusted only to the blaster.

13. Blasting machines shall be in good condition and the efficiency of the machine shall be tested periodically to make certain that it can deliver power at its rated capacity.

14. When firing with blasting machines, the connections shall be made as recommended by the manufacturer of the electric blasting caps used.

15. The number of electric blasting caps connected to a blasting machine shall not be in excess of its rated capacity. Furthermore, in primary blasting, a series circuit shall contain no more caps than the limits recommended by the manufacturer of the electric blasting caps in use.

16. The blaster shall be in charge of the blasting machines and no other person shall connect the leading wires to the machines.

17. Blasters, when testing initiating circuits, or electric caps, shall use only blasting galvanometers or other instruments which have been designed and approved for this purpose.

18. When the possibility exists that a leading line of blasting wire might be thrown over a live powerline by the force of an explosion, care shall be taken to see that the total length of wires are kept too short to hit the lines, or that the wires are securely anchored to the ground. If neither of these requirements can be satisfied, a nonelectric system shall be used.

19. In electrical firing, only the employee making leading wire connections shall fire the shot. All connections shall be made from the bore hole back to the source of firing current, and the leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired.

20. After firing an electric blast from a blasting machine the leading wires shall be immediately disconnected from the machine and short-circuited.

E. Use of Safety Fuse.

1. Safety fuse shall only be used where sources of extraneous electricity make the use of electric blasting caps dangerous. The use of a fuse that has been damaged in any way shall be forbidden.

2. The hanging of a fuse on nails or other projections which will cause a sharp end to be formed in the fuse is prohibited.

3. Before capping safety fuse, a short length shall be cut from the end of the supply reel so as to assure a fresh cut end in each blasting cap.

4. Only a cap crimper of approved design shall be used for attaching blasting caps to safety fuse. Crimpers shall be kept in good repair and accessible for use.

5. No unused cap or short capped fuse shall be placed in any hole to be blasted; such detonators shall be removed from the working place and destroyed.

6. No fuse shall be capped, or primers made up, in any magazine or near any possible source of ignition.

7. No employees shall be permitted to carry detonators or store detonators or primers of any kind in their clothing.

8. The minimum length of safety fuse to be used in blasting shall not be less than 36 inches or a burning time of 120 seconds.

9. At least two employees shall be present when multiple cap and fuse blasting is done by hand lighting methods.

10. Not more than 12 fuses shall be lighted by each blaster when hand lighting devices are used. However, when two or more safety fuses in a group are lighted as one by igniter cord, or other similar fuse lighting devices, they may be considered as one fuse.

11. The method of dropping or pushing a primer or any explosive with a lighted fuse attached is forbidden.

12. Cap and fuse shall not be used for firing mudcap charges unless charges are separated sufficiently to prevent one charge from dislodging other shots in the blast.

13. When blasting with safety fuses, consideration shall be given to the length and burning rate of the fuse. Sufficient time, with a margin of safety, shall always be provided for the blaster to reach a place of safety.

F. Use of Detonating Cord.

1. Care shall be taken to select a detonating cord consistent with the type and physical condition of the bore hole and stemming and the type of explosives used.

2. Detonating cord shall be handled and used with the same respect and care given other explosives.

3. The line of detonating cord extending out of a bore hole or from a charge shall be cut from the supply spool before loading the remainder of the bore hole or placing additional charges.

4. Detonating cord shall be handled and used with care to avoid damaging or severing the cord during and after loading and hooking up.

5. Detonating cord connections shall be complete and positive in accordance with approved and recommended methods. Knot-type or other cord-to-cord connections shall be made only with detonating cord in which the explosive core is dry.

6. All detonating cord trunklines and branchlines shall be free of loops, sharp kinks, or angles that direct the cord back toward the oncoming line of detonation.

7. All detonating cord connections shall be inspected before firing the blast.

8. When detonating cord millisecond-delay connectors or short-interval delay electric blasting caps are used with detonating cord, the practice shall conform strictly to the manufacturer's recommendations.

9. When connecting a blasting cap or an electric blasting cap to detonating cord, the cap shall be taped or otherwise attached securely along the side or the end of the detonating cord, with the end of the cap containing the explosive charge pointed in the direction in which the detonation is to proceed.

10. Detonators for firing the trunkline shall not be brought to the loading areas nor attached to the detonating cord until everything else is in readiness for the blast.

G. Firing the Blast.

1. Before a blast is fired, a warning signal shall be given by the blaster in charge, who has made certain that all surplus explosives are in safe place and all employees, vehicles, and equipment are at a safe distance, or under sufficient cover.

2. Before firing any blast, warning shall be given, and all possible entries into the blasting area, shall be carefully guarded. The blaster shall make sure that all employees are out of the blast area before firing a blast.

H. Inspection After Blasting.

1. Immediately after the blast has been fired, the firing line shall be disconnected from the blasting machine, or where power switches are used, they shall be locked open or in the off position.

2. Sufficient time shall be allowed for the smoke and fumes to leave the blast area before returning to the shot. An inspection of the area and the surrounding rubble shall be made by the blaster to determine if all charges have been exploded before employees are allowed to return to the operation. Any unexploded explosives shall be disposed of safely.

I. Misfires.

1. If a misfire is found, the blaster shall provide proper safeguards for excluding all employees from the danger zone.

2. No other work shall be done except that necessary to remove the hazard of misfire and only those employees necessary to do the work shall remain in the danger zone.

3. No attempt shall be made to extract explosives from any charged or misfired hole; a new primer shall be put in and the hole refired. If refiring of the misfired hole presents a hazard, the explosives may be removed by washing out with water or, where the misfire is under water, blown out with air.

4. If there are any misfires while using cap and fuse, all employees shall be required to remain away from the charge for at least 1 hour. If electric blasting caps are used and a misfire occurs, this waiting period may be reduced to 30 minutes. Misfires shall be handled under the direction of the blaster in charge of the blasting and all wires shall be carefully traced and search made for unexploded charges.

5. No drilling, digging, or picking shall be permitted until all missed holes have been detonated or the authorized representative has approved the work can proceed.

J. Underwater Blasting.

1. Loading tubes and casings of dissimilar metals shall not be used because of possible electric transient currents from galvanic action of the metals and water.

2. Only water-resistant blasting caps and detonating cords shall be used for all marine blasting. Loading shall be done through a non-sparking metal loading tube when tube is necessary.

3. No blast shall be fired while any vessel under way is closer than 1,500 feet to the blasting area. Those on board vessels or craft moored or anchored within 1,500 feet shall be notified before a blast is fired.

4. No blast shall be fired while any swimming or diving operations are in progress in the vicinity of the blasting area. If such operations are in progress, signals and arrangements shall be agreed upon to assure that no blast shall be fired while any person is in the water.

5. Blasting flags shall be displayed.

6. The storage and handling of explosives aboard vessels used in underwater blasting operations shall be according to provisions outlined on handling and storing explosives.

7. When more than one charge is placed under water, a float device shall be attached to an element of each charge in such a manner that it will be released by the firing. Misfires shall be handled in accordance with the requirements of Section R614-4-18.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-19 Product Testing

A. Every program for testing of explosive materials shall be examined by the employer for all foreseeable hazards involved in the test. When a specific hazard can be foreseen which affects safety, alternate means for attaining the objectives of the test shall be adopted.

B. No test shall be conducted unless safe testing facilities are available. The employer shall determine the adequacy of available facilities and the need for additional safeguards before beginning tests.

C. The test crew shall consist of at least two members during tests: one member of the crew shall serve as safety observer and shall be stationed at a safe location so as to summon help and offer aid in an emergency.

D. The quantity of explosive material taken to a test site shall not exceed that required to conduct the test safely.

E. It shall be the responsibility of the person in charge of the test to take the necessary action to protect by location or distance, personnel that may be endangered by the test.

F. If a test item fails to function (explode) no attempt shall be made to determine the nature of the malfunction until sufficient time has elapsed to assure that the test item is not reacting. The test item shall be handled cautiously, preferably by remote control and disposed of as soon as possible. Care shall be taken to avoid inhaling the reaction products of test compositions.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-20 Storage of Ammonium Nitrate

A. Storage

1. Except as provided in Section R614-4-12, this rule applies to the storage of ammonium nitrate in the form of crystals, flakes, grains, or prills, including fertilizer grade, dynamite grade, nitrous oxide grade, technical grade, and other mixtures containing 60% or more ammonium nitrate by weight but does not apply to blasting agents.

2. This rule does not apply to the transportation of ammonium nitrate.

3. The storage of ammonium nitrate and ammonium nitrate mixtures that are more sensitive than allowed by the "Definition of Test Procedures for Ammonium Nitrate Fertilizer" is prohibited. "Definition of Test Procedures for Ammonium Nitrate Fertilizer" is available from the Fertilizer Institute, 1015 18th Street, N.W., Washington, D.C. 20036.

4. Nothing in this rule shall apply to the production of ammonium nitrate or to the storage of ammonium nitrate on the premise of the producing plant.

5. The standards for ammonium nitrate (nitrous oxide grade) are those found in the "Specifications, Properties, and Recommendations for Packaging, Transportation, Storage, and Use of Ammonium Nitrate." Available from the Compressed Gas Association, Inc., 500 Fifth Avenue, New York, New York 10036.

B. General.

1. This rule applies to all persons storing, having, or keeping ammonium nitrate, and to the owner or lessee of any building, premises, or structure in which ammonium nitrate is stored in quantities of 1,000 pounds or more.

2. Approval of large quantity storage shall be subject to due consideration of the fire and explosion hazards, including exposure to toxic vapors from burning or decomposing nitrate.

C. Storage Buildings.

1. Storage buildings shall not have basements unless the basements are open on at least one side. Storage buildings shall not be over one story in height.

2. Storage buildings shall have adequate ventilation, or be of a construction that will be self-ventilating in the event of fire.

3. The wall on the exposed side of a storage building within 50 feet of a combustible building, forest, piles of combustible materials and similar exposure hazards shall be of fire-resistive construction. In lieu of the fire-resistive wall, other suitable means of exposure protection such as a free standing wall may be used. The roof coverings shall be Class C or better, as defined in the Manual on Roof Coverings, NFPA 203M-1970 or latest edition thereof.

4. All flooring in storage and handling areas shall be of noncombustible materials or protected against impregnation by ammonium nitrate and shall be without open drains, traps, tunnels, pits or pockets into which any molten ammonium nitrate could flow and be confined in the event of fire.

5. The continued use of an existing storage building or structure not in strict conformity with this rule may be approved in cases where such continued use will not constitute a hazard to life.

6. Buildings and structures shall be dry and free from water seepage through the roof, walls, and floors.

D. Storage of Ammonium Nitrate in Bags, Drums, or Other Containers.

1. Bags and Containers

a. Bags and containers used for ammonium nitrate must comply with specifications and standards required for use in interstate commerce.

b. Containers used on the premises in the actual manufacturing or processing need not comply with Subsection R614- 4-20(D)(1)(a).

2. Storage

a. Containers of ammonium nitrate shall not be accepted for storage when the temperature of the ammonium nitrate exceeds 130 degrees F.

b. Bags of ammonium nitrate shall not be stored within 30 inches of the storage building walls and partitions.

c. The height of piles shall not exceed 20 feet. The width of piles shall not exceed 20 feet and the length 50 feet except that where the building is of noncombustible construction or is protected by automatic sprinklers the length of piles shall not be limited. In no case shall the ammonium nitrate be stacked closer than 36 inches below the roof or supporting and spreader beams over head.

d. Aisles shall be provided to separate piles by a clear space of not less than 3 feet in width. At least one service or main aisle in the storage area shall not be less than 4 feet in width.

E. Storage of Bulk Ammonium Nitrate.

1. Warehouses shall have adequate ventilation or be capable of adequate ventilation in case of fire.

2. Unless constructed of noncombustible material or unless adequate facilities for fighting a roof fire are available, bulk storage structures shall not exceed a height of 40 feet.

F. Bins

1. Bins shall be clean and free of materials which may contaminate ammonium nitrate.

2. Due to the corrosive and reactive properties of ammonium nitrate, and to avoid contamination, galvanized iron, copper, lead, and zinc shall not be used in a bin constructed unless suitably protected. Aluminum bins and wooden bins protected against impregnation by ammonium nitrate are permissible. The partitions dividing the ammonium nitrate storage from other products which would contaminate the ammonium nitrate shall be of tight construction.

3. The ammonium nitrate storage bins or piles shall be clearly identified by signs reading "Ammonium Nitrate" with letters at least 2 inches high.

G. General.

1. Piles or bins shall be so sized and arranged that all material in the pile is moved out periodically to minimize possible caking of the stored ammonium nitrate.

2. Height or depth of piles shall be limited by the pressure-setting tendency of the product. However, in no case shall ammonium nitrate be piled higher at any point than 36 inches below the roof or supporting and spreader beams over head.

3. Ammonium nitrate shall not be accepted for storage when the temperature of the product exceed 130 degrees F.

4. Dynamite, other explosives, and blasting agents shall not be used to break up or loosen caked ammonium nitrate.

H. Contaminants.

1. Ammonium nitrate shall be in a separate building or shall be separated by approved type fire-walls of not less than 1 hour fire-resistance rating from storage of organic chemicals, acids, or other corrosive materials, materials that may require blasting during processing or handling, compressed flammable and combustible materials or other contaminating substances, including animal fats, baled cotton, baled rags, baled scrap paper, bleaching powder, burlap or cotton bags, caustic soda, coal, coke, charcoal, cork, camphor, excelsior, fibers of any kind, fish oils, fish meal, foam rubber, hay, lubricating oil, linseed oil, or other oxidizable or drying oils, naphthalene, oakum, oiled clothing, oiled paper, oiled textiles, paint straw, sawdust, wood shavings, or vegetable oils. Walls referred to in this subdivision need extend only to the underside of the roof.

2. In lieu of separation walls, ammonium nitrate may be separated from the materials referred to in Subsection R614-4- 20(H)(1) by a space of at least 30 feet.

3. Flammable liquids such as gasoline, kerosene, solvents, and light fuel oils shall not be stored on the premises except when such storage conforms to Section R614-4-1, and when walls and sills or curbs are provided in accordance with Subsection R614-4-20(H)(1) or (2).

4. LP-gas shall not be stored on the premises except when such storage conforms to 29 CFR 1910.110.

I. Storage.

1. Sulfur and finely divided metals shall not be stored in the same building with ammonium nitrate except when such storage conforms to Section R614-4-1. through Section R614-1-20.

2. Explosives and blasting agents shall not be stored in the same building with ammonium nitrate except on the premises of makers, distributors, and user-compounders of explosives or blasting agents.

3. Where explosives or blasting agents are stored in separate buildings, other than on the premises of makers, distributors, and user-compounders of explosives or blasting agents, they shall be separated from the ammonium nitrate by the distances or barricades specified in Section R614-4-21 but not less than 50 feet.

4. Storage and operations on the premises of makers, distributors and user-compounders of explosives or blasting agents shall be in conformity with Section R614-4-1 through Section R614-4-20.

J. General Precautions.

1. Electrical

a. Electrical installations shall conform to the requirements of 29 CFR 1910 Subpart S, for ordinary locations. They shall be designed to minimize damage from corrosion.

b. In areas where lightning storms are prevalent, lightning protection shall be provided. See the Lightning Protection Code, NFPA 78-1979.

c. Provisions shall be made to prevent unauthorized personnel from entering the ammonium nitrate storage area.

2. Fire Protection.

a. Not more than 2,500 tons of bagged ammonium nitrate shall be stored in a building or structure not equipped with an automatic sprinkler system. Sprinkler systems shall be approved type and installed in accordance with 29 CFR 1910.159.

b. Suitable fire control devices such as small hose or portable fire extinguishers shall be provided throughout the warehouse and in the loading and unloading area. Suitable fire control devices shall comply with the requirements of 29 CFR 1910.157 and 1910.158.

c. Water supplies and fire hydrants shall be available in accordance with recognized good practices.

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

Utah Admin. Code R614-4-21 Sources of Standards

The following sources and publications were used in the Development of Rule R614-4.

A. Institute of Makers of Explosives Safety Library Publications, 1575 Eye Street, N.W., Suite 550, Washington, D.C. 20005.

B. The American Table of Distances.

C. Suggested Code of Regulations for the Manufacture, Transportation, Storage, Sale, Possession, and Use of Explosive Materials.

D. "Do's and Don'ts" Instructions and Warnings.

E. Glossary of Industry Terms.

F. Safety in the Transportation, Storage, Handling and Use of Explosives.

G. Safety Guide for the Prevention of Radio Frequency Radiation Hazards in the Use of Electric Blasting Caps.

H. IME Standard for the Safe Transportation of Class C Detonators (Blasting Caps) in a Vehicle with Certain Other Explosives.

I. Department of Defense Standards.

Superintendent of Documents, Government Printing Office, Washington, D.C. 20402

1. DOD 5154.4S DOD Ammunition and Explosives Safety Standards

2. AMCP 706-186 Engineering Design Handbook, Military Pyrotechnics Series, Part Two--Safety, Procedures and Glossary

3. DOD 4145.26M DOD Contractor's Safety Manual for Ammunition, Explosives and Related Dangerous Material

J. National Fire Protection Association Codes, 470 Atlantic Avenue, Boston MA 02210.

1. NFPA 44a-1974 Code for the Manufacture, Transportation, and Storage of Fireworks

2. NFPA 495-1973 Code for the Manufacture, Transportation, Storage and Use of Explosive Materials

3. NFPA 492-1976 Separation Distances of Ammonium Nitrate and Blasting Agents from Explosives or Blasting Agents

4. NFPA 203M-1970 Manual on Roof Coverings

5. NFPA 78-1979 Lightning Protection Code

6. NFPA 490-1975 Storage of Ammonium Nitrate

7. NFPA 91-1973 Blower and Exhaust Systems for Dust, Stock, and Vapor Removal or Conveying

K. Code of Federal Regulations Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

1. CFR 14 Aeronautics and Space

2. CFR 27 Alcohol, Tobacco Products, and Firearms

3. CFR 29 Labor

4. CFR 30 Mineral Resources

5. CFR 46 Shipping

6. CFR 49 Transportation

L. National Institute for Occupational Safety and Health Reports available from: U.S. Department of Commerce, National Technical; Information Service, Springfield, VA 22161.

1. PB 297 827 A Safe Practices Manual for the Manufacturing, Transportation, Storage and Use of Explosives

2. PB 297 807 A Safe Practices Manual for the Manufacturing, Transportation, Storage, and Use of Pyrotechnics

History

• KEY: safety
• Date of Last Change: October 4, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6-202

R614-5 Materials Handling and Storage

Utah Admin. Code R614-5-1 Crawler Locomotive and Truck Cranes

Two-Blocking Damage Preventive Feature. On hydraulic cranes with power telescoping booms, an "Anti Two- Blocking" feature, warning device, or other arrangement, shall be provided to warn the crane operator to avoid colliding (two- blocking) the hook block with the boom point when hoisting the load, when extending the boom or when booming up or down.

History

• KEY: safety
• Date of Last Change: September 27, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-5-2 Conveyors

This rule is to cover minimum standards for the safe installation, operation, and maintenance of all types of conveying machinery and equipment, which includes belt, bucket, chain, roller, reciprocating or oscillating, screw, pneumatic, and flight conveyors or conveying systems. In the event these rules do not cover a specific hazardous condition, the ANSI standard B-20.1, 1996 shall be used as a guide.

A. Guarding.

1. Driving mechanisms of conveying equipment shall be enclosed by housing or guards where it is possible for workers to come in contact with gears, chain or belt drives or moving shafts. The guards shall be constructed so no part of the body or clothing can contact the driving mechanism.

2. Head pulleys, tail pulleys, take up, counterweights, sprockets, sheaves, drums, blocks, etc., shall be enclosed with guards or the area blocked off with rails or fence so workers cannot come in contact with moving parts.

3. Bucket elevators shall be enclosed in a housing or the area blocked off so no hazard exists from falling material.

4. Screw conveyors, troughs, or box openings shall have covers, grating or guard rails to prevent workers from coming in contact with the moving conveyor.

5. Conveyors passing over work areas, aisles or walkways where workers are exposed shall be covered underneath to eliminate hazard from falling material or personal contact.

6. Openings to hoppers, chutes, or other discharge points where workers may be exposed shall be guarded by railings, toeboards, baffleplates, chains, temporary covers, and front and sides high enough to prevent workers falling into them and material being discharged from striking them.

7. Platforms with side rails shall be constructed on trippers where a worker is required to ride or climb on the tripper to operate the controls so the employee cannot slip off or come in contact with the moving machinery. If a platform is not required, levers and controls shall be located so the worker can safely operate the tripper without coming in contact with the moving machinery.

B. Inspection and Maintenance.

1. Periodic inspection of the entire conveying mechanism shall be made for worn parts, defective couplings, loose belts, chains and defective safety devices such as brakes, backstops, overload releases, guards, etc.

2. Such inspection shall be made while the equipment is stopped and locked out except where the inspector can stand completely in the clear of any moving parts.

3. Lubrication of machine parts shall not be done while equipment is operating unless grease and oil fittings are equipped with extensions which permit such lubrication from a position where the worker cannot come in contact with the moving machinery.

C. Walkways, Platforms, Balconies

1. Where conveyors must be crossed over during operation, a walkway with stairs, platform, handrails, and toeboards shall be constructed and conspicuously marked with a sign. Where walkways, ramps, or stairways are located adjacent to open belt or pan conveyors, they shall be at least 20 inches in width and there shall be three feet clearance from the outside of the passageway and the moving conveyor. All stairways shall have handrails adjacent to the conveyor to prevent workers who may stumble from falling into the conveyor.

2. Where workers must cross under a conveyor, crossunders shall be plainly marked as the only passageways. The passageway shall be covered to prevent contact with moving parts or material falling off the conveyor.

D. Brakes and Backstops.

On conveyors where reversing or a runaway might occur under load in case of power failure, an anti-runaway or backstop device or automatic brake shall be provided or guard rails installed to prevent employee from being in the area where the falling load could strike an employee.

E. Dust control.

1. Dust control equipment, provided at transfer points, crushers or such as sprays or exhaust hoods shall be wherever a dust condition exists which may be a health hazard to workers or a fire or explosion hazard.

2. Where the installation of dust control equipment is not practical, workers shall be provided with approved respiratory devices.

F. Fire Protection

1. Housekeeping along conveying systems shall be maintained in a manner that will prevent fires.

2. Where conveying equipment fire may present a hazard to workers or building, emergency fire fighting equipment shall be provided and identified and strategically located to control any outbreak of fire. Equipment selection should consider the control of electrical fires, burning belting and conveyor structures, materials being handled, adjacent materials, etc.

3. Workers operating conveying equipment shall be knowledgeable in the use of the fire protection equipment furnished.

4. Where conveying equipment is located in building or tunnel enclosures where employees are working, emergency fire exits shall be provided and identified.

5. All fire fighting equipment, alarm stations, etc., must be identified and readily accessible and free of obstructions.

G. Illumination.

Sufficient lighting to see the equipment clearly shall be provided at floor level, head and tail pulleys, operating stations and along conveyor systems which must be inspected - 5 to 10-foot candles of light meet this requirement.

H. Electrical.

1. Power and control circuits for conveying equipment shall be installed so as to minimize the possibility of electric shock or fire hazard. This shall include grounding. After the effective date of these orders, new equipment shall be installed in accordance with the current edition of the National Electric Code.

2. Power and control circuits shall not be enclosed in the same conduit lines or junction boxes.

3. All starting and stopping devices shall be clearly marked and the immediate area kept clear of obstructions to permit ready access.

4. All conveyor switch boxes shall be identified indicating the voltage and the equipment served.

5. Electrical installations in explosive areas shall meet the requirements, as applicable, of the National Electrical Code, Chapter 500.

6. The installation of electrical emergency conveyor stops, such as pull cables, or push buttons, is recommended where workers are manually loading or unloading or doing cleanup work while equipment is operating.

7. Overload protective devices are recommended on conveying equipment power circuits to prevent damage or fire.

I. Safe Operating Rules.

1. Manually loaded vertical or highly inclined conveyors shall have a sign at the loading point designating the load capacity.

2. No riding shall be permitted on any conveyor not specifically designed and approved to convey workers.

3. Repairs to conveyors or related equipment shall not be done while the equipment is operating. When stopped for repairs, servicing, cleaning, removing overloads, etc., the controls shall be locked or tagged out.

4. No safety device, guard, overload, cutout, brake, etc., shall be removed from a conveyor and the conveyor placed in operation without the device being reinstalled. Where permanent guards at hazardous points must be left off, the area shall be laced off with temporary boards, etc., if the conveyor is placed in operation other than for testing.

5. Workers working around or operating conveyors shall be advised of the location of the starting and stopping devices and instructed how to use them to stop the conveyor in an emergency.

History

• KEY: safety
• Date of Last Change: September 27, 2022
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

R614-6 Other Operations

Utah Admin. Code R614-6-1 Crushing, Screening, and Grinding Equipment

A. Car moving, dumping, and shakeout or cleanout operations shall be performed in a safe manner and in compliance with Section R614-6-4. Reloading shall be performed in a safe manner.

B. Track or truck hoppers or bins shall be covered with a grizzly, or other suitable means shall be provided to prevent an employee from accidentally falling into the bin, or the employee shall wear a safety harness properly tied off. This is also applicable when working around or over crushers or rolls.

C. Equipment feeding crushing, screening and grinding facilities shall be adequately guarded and maintained in a safe manner.

D. Air lines, bars, hammers, and all other tools used shall be kept in good repair at all times. Goggles or face shields shall be worn when lancing or barring down or when any other activity may result in flying particles.

E. Protective equipment such as hard hats, safety shoes, eye protection, respiratory protection, and gloves shall be worn when needed. Operators shall wear clothing as needed to reasonably cover the body. Such clothing shall be relatively close fitting so as to preclude loose, ragged sleeves or trouser legs, long coat tails, neckties and other such items as may become entangled in the machinery.

F. Machinery guards shall be kept in place and machinery shall not be operated following repairs until guards are in place and secured. Electrical gear shall have covers in place during operation.

G. No employees shall work on the drive mechanism, in a chute, hopper, screen, grinder, or crusher unless same is locked and/or tagged in compliance with Subsection R614-1-5(D)(6) and the supervisor is informed of the employee's whereabouts.

H. Adequate work platforms and walkways shall be provided. All platforms, ramps, walkways, ladders, and stairways shall be in conformance with 29 CFR 1910 Subpart D. Crossover crushing and feeding equipment shall be provided and the operators shall use such crossovers and not pass over hazardous, unprotected equipment.

I. Adequate storage for tools and supplies shall be provided.

J. Dunnage and other waste or scrap material shall have a place of disposal and shall be removed so as to permit the maintenance of an adequate housekeeping program.

K. Throwing of materials from crushers, elevators, or overhead platforms shall be prohibited, except when an area is provided and barricaded to make it safe.

L. Electrical gear on crushing, screening, and grinding equipment shall be grounded and otherwise meet the requirements of 29 CFR 1910 Subpart S.

M. Dust shall be controlled at the source by adequate dust control equipment. Where this is not effectively accomplished, such additional procedures as wetting down, vacuum cleaning and other means shall be provided and used. Approved respiratory equipment shall be provided when dust concentrations indicate their need.

N. Areas under rod mills, ball mills, and other rotating equipment shall be adequately barricaded, or fenced to prevent persons passing under the operating mills unless such mills have at least 10' clearance above floor level.

O. Employees shall not work over rotating mills, spiral or drag classifiers or any other similar equipment unless protected by a bridge, catwalk, crossover or other protective device.

P. Reagents shall be used in conformance with directions and warnings as supplied by the manufacturer or supplier. Such hazards as caustic or acid burns, fire, poisons, irritants, etc., must be recognized and the operator trained and protected to prevent accidental or unmindful contact which may cause injury. The necessary protective equipment shall be supplied and used.

Q. Any chemicals used in connection with grinding or milling operations shall be labeled.

R. Before any crushing, screening, or grinding equipment is started, the operator shall be sure all persons are clear and machinery is released for operation.

S. Impact breakers, jaw crushers, crushing rolls, and similar equipment shall be protected by adequate covers, chain curtains or other effective guards to prevent material from being thrown out of the feed opening of the crusher.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-2 Window Cleaning

A. General.

1. The employer shall provide safety devices and equipment as required by this rule and shall ensure employees properly use and maintain such equipment and devices.

2. It shall be the responsibility of the employee to wear and use the devices so provided as directed and to assist in its reasonable care and maintenance.

3. Only employees who have been adequately trained and instructed shall be permitted to clean windows where the use of anchors, safety harnesses, swinging scaffolds, boatswains' chairs, tackle or other similar equipment is required.

B. Ladders-scaffolds.

1. Ladders shall not be used to clean windows whose top is more than 36 feet above the floor of adjoining ground or a flat roof or which are so placed or obstructed as to make the method unsafe. Built-up scaffolds are preferred over ladders.

2. The use of ladders with hooks attached, to be hung on or over a parapet wall or other projection, are prohibited in window cleaning.

C. Windows.

1. Windows which are of such type that both the inside and the outside of the window may be cleaned from the inside, if over 10 feet to the top of the window on the outside must be cleaned from the inside of the building.

2. Windows whose top is over 36 feet above ground, floor or flat roof, and which are of the type that cannot be cleaned from the inside must be provided with window anchors, or shall be cleaned only by use of swinging or built-up scaffolds or boatswains' chairs or other satisfactory method providing equal safety.

3. When window anchors are used, they shall meet the requirements of ANSI Standard A39.1-1969 and shall be inspected and maintained in a safe manner. No window cleaner shall use an anchor which is loose or insecure.

4. When working from a suspended scaffold or boatswain's chair, the employee shall wear an approved safety harness and shall be tied off to a line supported from a separate roof anchorage to the ground which must be separate from the rest of the rigging. The fall line shall be provided with an approved automatic locking device.

D. Equipment.

1. Extension tools shall not be over 6 feet long. Brushes or squeegees on a pole used by cleaners shall be attached to the cleaner by a wristloop or other device to prevent dropping. Each extension device so used shall have a locking device to prevent inadvertent detachment of the brush or squeegee.

2. Brushes, buckets, squeegees, and other equipment used by a cleaner working on a scaffold or boatswains' chair shall be fastened to equipment at the moment when not in actual use in the hand of the cleaner.

3. When cleaning windows, special care shall be used where electrical supply lines present a hazard.

4. Window jacks and all other platform devices fastened to window sills for a cleaner to stand upon outside of the window without standard harnesses and anchors are prohibited.

5. Ropes used in windows, cleaning operations shall be inspected before being used and shall be discarded if unsafe.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-3 House and Building Moving

A. General.

1. House movers must provide and maintain good safe equipment. Jacks, blocking, stringers, etc., must be of the proper type and sufficiently strong to support the working load and provide a reasonable factor of safety.

2. Employees shall be properly instructed in the use of the blocks, stringer, jacks, and other equipment, and they shall not be permitted to work under any building or structure until it is safely supported.

B. Utilities and Special regulations.

1. Buildings or structures must not be moved within six (6) feet of any power or communication line until the following provisions have been fully complied with:

a. Arrangements have been made with electric and telephone utilities to have employees present to take care of wires which may interfere with movement of the building or structure.

b. Electric utility lineworkers are present to take care of any electric supply wires which may interfere with movement of the building or structure.

c. Telephone company utility employees are present to take care of telephone wires or cables which may interfere with movement of the building or structure.

d. No one except electric utility lineworkers shall be on top of the building or structure while it is passing within 6 feet of energized electric supply wires.

e. A ridge board has been installed on the ridge of the building or structure to assist in sliding wires over it.

2. All state, county, city, or municipal regulations shall also be observed.

3. A "special transporting permit" issued by the Utah Highway Patrol shall be obtained before buildings are moved on the highway.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-4 Industrial Railroads

A. Car handling and layout.

1. Purpose. These orders set up minimum standards for industrial railroads in above-ground operations. Where it has been determined by the Commission that, due to the process or operation, compliance with these orders would increase the hazards, industrial railroads need not comply provided such substandard areas are properly posted with warning signs, clearance distances indicated, areas barricaded, proper instructions given to workers or other safety devices installed to provide workers with maximum protection. Nothing in this rule shall be construed as preventing the movement of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movement shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

2. Definition. An industrial railroad is a railway track, or system of tracks, with necessary appurtenances thereto, owned or controlled by an industrial concern not a common carrier, which operations are conducted solely by one or more of such industrial concerns.

3. Layout. Plant layout as it applies to the installations of railroad tracks, trestles, high lines, loading docks, clearances, crossing, etc., shall comply with the Manual of the American Railway Engineering Association-Engineering Division, and General Order No. 66 of the Public Service Commission of Utah.

a. Where there is a driveway storage space or passageway under a trestle, the passageway should be protected with an overhead shield. b. On trestles and other places where material is unloaded from side of cars, footwalk can be placed at a distance and part of the floor or walk can be arranged so that it can be lifted to allow metal or other material to fall through. Cable nets or gratings should be provided to prevent employees from falling through openings.

4. Clearance. Standard clearances may not give enough protection where tracks pass doorways or corners of buildings or other places where workers may walk directly onto tracks in front of moving railroad equipment. These locations must be safeguarded with fixed railings or other means that force employees to detour or to become otherwise alerted to the hazard.

5. Crossings. Track crossings shall be reduced to a reasonable minimum and as far as practical shall be away from buildings or their obstructions which may impair visibility. The crossings inside plants shall be equipped with stop signs, blinking light, wig-wags, gates, or other means of effective warning or be protected by a watchperson, switchperson, or other responsible person.

6. Trestles and Highlines.

a. Trestles shall be equipped with walks, the outer edge of which shall be at least six (6) feet from the rail. Where practical, the floor of this walk shall extend to within four (4) inches of the ends of the ties. In no case shall the walk be less than 20 inches wide. Each walk shall be equipped with a standard railing and toeboard.

b. All dead-end tracks are to be provided with adequate blocks. Draw bar height is preferable.

7. Speed limits. Speed limits both for train and vehicular travel inside industrial plants, shall be established and enforced.

8. Movement of railroad cars by car movers other than locomotives.

a. Car moving equipment, such as continuous cable pullers, winches, or other types of car movers shall have adequate guards to protect the operator, should the cable break.

b. The maximum number of cars loaded and empty, must be established and operators instructed in these safe load limits.

c. Hand-type car movers shall be provided with a guard to protect the operator's hand, should the tool slip.

d. Pushmobiles, trucks, and any other mobile-type car movers which are specifically intended for car moving shall have a coupler connection to railroad car being moved except when spotting only.

e. Persons assigned as car riders or so-called car droppers, must be adequately trained and shall use a safety harness and a short lanyard attached to the car they are riding while performing this work. This is not applicable to railroad switching crews.

9. Reporting bad order cars.

A definite procedure must be established for reporting bad order or damaged equipment, such as pin lifters, couplers, dumping mechanisms, etc.

10. Blocking of Cars.

a. When there is danger of cars rolling or drifting and employees are required to work on them, cars must be blocked with adequate wheel blocks to prevent them from rolling.

b. Where railroad cars are equipped with effective hand brakes, they may be set up to prevent cars from moving when employees are working on or inside of them in place of wheel blocks.

11. Blue Flag Procedure. When working on tracks, unloading or loading cars such as tank cars, gondolas, box cars, etc., the following blue flag track target procedure must be followed:

a. All blue flag track targets shall be of substantial material, not less than 12" x 15" in size, shall bear the word STOP in letters not less than 4" in height, and shall be at least 28" and not more than 10' above the top of the rail when placed. The supervisor or other person in charge will determine the distance that they are to be placed on each side of the work area.

b. Track target shall be placed on spur tracks 10' from the clearance of the lead or through tracks and the switch of the spur track locked in a closed position.

c. Track target shall be securely clamped upright to the rail or fastened securely to the side of the rail.

d. At night or when weather conditions result in poor visibility, a blue light is to be placed on the track target in the space provided.

e. Where permanent derails are installed, they must be identified with the standard derail post located 8'6" from the nearest rail. Weeds and debris must be kept free of sign posts.

f. Red flags and red lights may be used in emergency cases where standard blue flag targets and blue lanterns are not immediately available, but must be replaced as soon as possible with the standard blue target and blue light.

g. Train crews shall not couple into or move railroad equipment which is protected by blue flags.

h. Railroad equipment shall not be placed in front of blue flags so as to obscure them without notification to and approval of the supervisor or other person in charge of the work on the tracks. The supervisor in charge of the work will then replace the flag for proper protection.

i. The blue flags or derails are to be removed only under the direction of the supervisor or other person in charge of the work on the tracks.

j. When two or more supervisors have groups of employees working on the same tracks, each supervisor will place a personal lock on the blue flag derail or switch.

k. The blue flag or derail lock must be removed promptly when the work is completed and the tracks are ready for their normal use.

l. The Yardmaster or other designated person will be notified at the start and finish of all work being performed on lead or through tracks. m. When cars are required to be repaired or mechanical adjustments are needed to be made in the field, the blue flag procedure must be followed.

n. At any time the blue flag procedure cannot be used, a flagperson or safety watchman must be provided to give protection for employees working on equipment.

o. Derails shall never be placed on molten metal or slag tracks unless there is no other means of giving adequate protection for employees or equipment.

12. Unloading cars.

a. Training of employees is required before they are assigned to unload gondolas, bottom dumpers, side dumps, or air dump-type cars.

b. Employees are not permitted to work inside railroad cars when they are being unloaded with a magnet.

c. Bottom dump and side dump car mechanisms are to be operated with tools designed for dumping and they must be in good working condition. At no time shall tools in poor repair be used. Their condition must be reported to the supervisor immediately.

d. At no time shall a railroad car be dumped if the dumping mechanisms are defective which makes them unsafe to operate. Such defective cars will be referred to the proper authority.

e. When employees are required to enter covered hopper cars or tank cars through the hatch cover opening, the hatch cover must be fastened securely open so there is no chance of its closing while the employee is in the car.

f. When it is necessary for employees to enter covered hopper cars or tank cars, safety checks must be made to determine that there is no toxic or explosive gas or lack of oxygen.

13. Closed car thawing houses and heating equipment must be so designated and constructed as to prevent accumulations of toxic or explosive gases.

14. Before employees or locomotives are permitted to enter closed car thawing houses when in operation, ventilation must be provided to insure no toxic or explosive gas or lack of oxygen is present.

15. Lighting-Classification Yards. Classification yards and other similar areas where trains are made up to or broken down shall conform to the specification issued by the American Railway Engineering Association.

B. Operations and maintenance.

1. Trackage and controls. Trackage, roadbed signal systems, traffic control system, power lines should be maintained in good condition and shall be regularly inspected.

2. Switch throws shall be so installed as to provide adequate clearance for switchperson.

3. The rod extending from the bridle bar to the throw shall be covered or the stumbling hazard shall be otherwise minimized.

4. Derail devices shall be installed where necessary on all side tracks on or near junction with connection to through traffic lines.

5. Dead-end tracks shall have bumping blocks or the equivalent to prevent cars from running off the end of the tracks.

6. Where foot travel is required adjacent to switches, a walkway shall be provided.

7. Employees shall be prohibited from sitting on tracks or under cars.

8. Each employee shall be prohibited from climbing over or crawling under cars to cross tracks, unless it is in the performance of the employee's assigned duties.

9. Signs and Flags.

a. A sign reading STOP with white lettering on blue background must be placed on the track, or between the rails of the track, in approach to cars which are being loaded, or unloaded, and when the sign is displayed cars must be not coupled to nor moved nor other cars placed so as to obstruct the view of the sign. Warning lights must be attached to the sign by night.

b. The sign will be placed and removed only by an authorized employee. The sign must be displayed to protect employees loading, unloading, or working in or about cars, and must not be removed until it is known that employees and others are clear.

c. When a sign reading STOP (white lettering on blue background) is displayed, the engine must not be coupled to a tugger, nor shall the car be moved by other means.

d. A car placarded Explosives, Flammable Liquids, Dangerous shall not be cut off while in motion. No car moving under its own momentum shall be allowed to strike any car placarded Explosives, Flammable Liquids, or Dangerous nor shall any such car be coupled with more force than is necessary to complete the coupling.

e. Loaded tank cars with any of the above placards must not be cut off until the hand brake has been tried and found in proper working condition.

10. Electrical.

a. When central traffic control exists and its operation is interrupted or suspended or any irregular function of the system occurs, rail movement shall not be allowed to continue until stoppage or malfunction has been determined, and only then if such movement can be made safely and with direct communication with traffic control operation.

b. All principal electrical switches shall be marked.

c. If the track is used for the return circuit, both rails shall be well bonded at every joint, excepting those tracks governed by automatic block signals.

11. Riding Equipment and Coupling.

a. Employees are cautioned not to get on or off an engine or car which is in rapid motion.

b. Employees must face the equipment in descending ladders on engines and cars, whether standing or moving. c. Employees are forbidden to ride on draw bars. When movement is being made, employees must not go between engine or ride on leading footboards of the engine in direction of movement, except to uncoupling car from engine. Standing, walking on top of, and jumping from car to car is prohibited.

d. If uncoupling lever fails to work, a stop shall be made before uncoupling car. When necessary to change the alignment of couplers cars must be stopped, and under no circumstances should an attempt be made to adjust couplers with foot or hand or raise lock pin by hand, while cars are moving.

e. If necessary to make change or repairs to couplers, the circumstances must be understood by all employees who may, through misunderstanding, move or cause the car to be moved; the cars should be separated not less than one car length to reduce possibility of injury, should they be moved by mistake. Employees should, when possible, avoid standing directly in line with couplers.

f. Trainperson and enginepersons must forbid employees whose duties do not connect them with the movement, to get on and off engines or cars, while in motion.

g. No one except the train, engineer crew and person authorized by management should be permitted to ride on or in a locomotive or on a train.

h. "Poling" or moving a car on another track with a pole should be done only in extreme emergency and under direct supervision. DO NOT PUSH CAR UNTIL ALL PERSONS ARE IN A SAFE PLACE.

i. Rocker or "Cradle" type dumping cars shall be equipped with an efficient positive locking device.

j. Brake-persons are not permitted to ride on or between slag pots, or between slag pot and locomotive.

k. Before spotting a slag pot for filling, it shall be inspected carefully to insure that no water or wet debris is in the bottom of the pot.

l. Pots and ladles must not be filled so full as to cause spillage.

m. Before dumping slag in a new place, a member of the crew must investigate to insure that no one will be endangered by the hot slag.

n. In handling railroad cars, employees must:

(1) Use standard brake clubs.

(2) Wear a safety hat.

(3) Wear snug-fitting clothes.

(4) Be required to ride the front end of all trains that are being pushed.

(5) Get off a moving locomotive from the side, well in the clear of the footboard.

(6) Not stand on or between the rails when mounting a moving location.

12. Locomotives.

a. Locomotive shall be equipped with a bell and a whistle, both capable of giving a loud and clear warning signal.

b. Each locomotive used, between sunset and sunrise, shall have two lights, one located on the front of the locomotive and one on the rear, each of which shall enable a person in the cab of the locomotive under the condition, including visual capacity, to see a dark object for a distance of at least 300 feet ahead, and in front of such headlight in yard service and 800 feet in road service.

c. All locomotives equipped with footboards shall be equipped with toeboards. The grab irons and handrails shall be well maintained at all times.

d. Safety latches shall be provided on electric locomotives to hold trolley poles, current collector, or pantagraphs away from the trolley wires.

e. The engineer or motorperson shall be made responsible for the safe operation of the locomotive.

f. Locomotives shall not be run over tracks where dirt or other materials strike the footboards.

13. Car Storage.

a. When practical, cars must be kept clear of any street or public crossing, and at least one hundred feet from the crossing.

b. A sufficient number of hand brakes must be set to hold cars; if brakes are inoperative, cars must be secured otherwise. When cars are set out on a grade, they must be coupled, if practical, and in addition to brakes being set, wheels must be blocked.

c. Cars shall not be stored on tracks unless protected with derails, when facing point switches or ascending grades toward main track, except in emergency or on instructions of proper authority, and in such cases cars must be properly secured. Wheels must be blocked where necessary.

d. When empty cars are stored on tracks adjacent to buildings an opening of at least 40 feet must be made every five car lengths.

14. Air Brake Systems.

a. Where air brake systems are used, the following applies:

(1) Train line pressure for passenger trains is 110 pounds, for freight and mixed trains, 90 pounds. Should the proper control of a freight train or mixed train make it necessary, the use of 90 pounds brake pipe pressure is permissible. Brake pipe pressure for yard engines is governed by class of equipment handled or minimum of 80 pounds.

(2) Main reservoir pressure must be maintained at least 15 pounds minimum above adjustment of the feed valve, or brake pipe pressure.

(3) The proportion of air brakes in operation must at no time be less than 85% of all the cars in a train. On ascending grades rear car must have operative air brakes.

(4) Train air brake system must be charged to require air pressure, angle cocks and cut out cocks must be properly positioned, air hose must be properly coupled and must be in condition for service. An examination must be made for leaks and necessary repairs made to reduce leakage to a minimum. Retaining valves and retaining valve pipes must be inspected and known to be in condition for service.

(5) It must be known that the air brake equipment on engines is in a safe and suitable condition for service.

15. Air Brake Application.

a. Leakage from main air reservoir and related piping shall not exceed an average of three pounds per minute in a test of three minutes duration, made after the pressure was reduced 40% below maximum pressure.

b. Brake pipe leakage must not exceed five pounds per minute after a reduction of ten pounds has been made from brake pipe air pressure of not less than 70 pounds.

c. With a full service application of brakes, and with communication to the brake cylinders closed, brakes must remain applied not less than five minutes.

d. Compressor governor shall be adjusted so that the high pressure side causes the compressor to unload at 140 pounds and the low pressure side causes the compressor to load at 130 pounds.

e. Leakage from control air reservoir, related piping and pneumatically operated controls shall not exceed an average of three pounds per minute in a test of three minutes duration.

f. Compressor or compressors must be tested for a capacity by orifice test as often as conditions require but not less frequently than once every six months.

g. Every main reservoir before being put into service, and at least once every 18 months thereafter, shall be subjected to hydrostatic pressure not less than 25% above the maximum working pressure.

h. Where a stop is made on a grade for an indefinite period, brakes on all engines must be fully applied and sufficient hand brakes set when necessary to hold the train and air brakes on cars released. When on an ascending grade, hand brakes must be set on rear and on a descending grade, set on head end of train.

i. When stop is for a short period and retaining valves are in use, the air brakes, when necessary, may be applied and released once every two minutes, to assist engine brakes to hold the train.

j. When setting cars out at intermediate points, a normal brake application from the automatic brake valve must be made, hand brake applied, close angle cock from locomotive, bleed air brake system on car, block wheels of car; the air brakes on the car will not be applied under an emergency application (big hole).

16. Air Brake Maintenance.

a. Before adjusting piston travel or working on the brake rigging, brakes must be cut out by closing cut-out cock in the branch line, all reservoirs drained and necessary precautions taken.

b. Air gauges must be tested at least once every six months and when any irregularity is reported. They shall be compared with an accurate deadweight tester, or test gauge. Gauges found inaccurate or defective must be repaired or replaced.

c. Distributing or control valves, brake application valves, equalizing piston portion, feed and reducing valves, safety valves, brake pipe vent valves, relay valves, magnet valves, dirt collectors and filters must be cleaned, repaired and tested as often as conditions require to properly maintain them in a safe and suitable condition for service.

d. On engines so equipped, hand brakes, parts and connections must be inspected and necessary repairs made as often as the service requires.

e. Minimum brake cylinder piston travel must be sufficient to provide proper brake shoe clearance when brakes are released.

f. Maximum brake cylinder piston travel when engine is standing must not exceed the following:

TABLE 1

Inches

Driving wheel brake 6

Swivel type brake with

brakes on more than

one truck operated

by one brake cylinder 7

Swivel type truck brake

equipped with one

brake cylinder 8

Swivel type truck brake

equipped with two or

more brake cylinders 6

g. Foundation brake rigging, and safety supports, where used, must be maintained in safe and suitable condition for service. Levers, rods, brake beams, hangers and pins must be of ample strength and must not bind or foul in any way that will affect proper operation of brakes. All pins must be properly applied and secured in place with suitable locking devices. Brake shoes must be properly applied and kept approximately in line with treads of wheels or other braking surfaces.

h. No part of the foundation brake rigging and safety supports shall be less than 2 1/2 inches above the top of the rail. i. Before a car is released from a shop or repair track, it must be known that the brake pipe is securely clamped, angle cocks in proper position with suitable clearance; valves, reservoirs and cylinders tight on supports and supports securely attached to car.

j. When cars are on shop or repair tracks, hand brakes and connections must be inspected, tested and necessary repairs made to insure they are in a suitable condition for safe and effective operation.

k. Brake equipment on cars must be cleaned, repaired, lubricated and tested as often as required to maintain it in a safe and suitable condition for service.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-5 Livestock Butchering and Bulk Carcass Handling

A. Corrals and livestock.

1. Unloading areas are to be constructed so as not to endanger those employees working in these areas. They are to be constructed with a minimum width of three feet. The area must be lighted with sufficient illumination so that the work can be done safely.

2. Livestock holding pens are to be constructed of a heavy type material, lumber or metal, that will stand extreme pressures from livestock. Also, all sides shall be made climbable.

3. Floors of kill pens will be made of a material with a texture to reduce slippage.

4. Employees who will work with livestock are to be physically and mentally capable to perform their duties.

5. Employees shall be aware of the dangers of livestock handling before working with livestock.

6. Electrical shocking devices (hot shots) used for moving livestock shall be manufactured for the purpose with controlled power output and shall be used according to the manufacturer's recommendations. No direct wire shall be used for this purpose.

B. Kill Floors.

1. Dressing platforms shall have standard railing and toeboards at the back side and short board or rail on the dressing side. The rail on the dressing side shall have sufficient clearance above the platform for cleanup but low enough to catch an employee in case of slippage.

2. Employees using explosive-actuated knockers shall be instructed in the use of the tool.

3. Employees using pneumatic knockers shall also be instructed in the use of the tool.

4. Couplings on high pressure hoses shall be pinned, chained or otherwise secured to prevent them from uncoupling accidentally.

5. Employees knocking cattle with the explosive-actuated or pneumatic knockers need not be carded by the manufacturer.

6. Explosive-actuated or pneumatic knockers, either loaded or unloaded, shall not be pointed at workers.

7. Explosive-actuated knockers shall not be loaded until just before intended firing. No loaded tool shall be left unattended.

8. All hoist and balancers shall be equipped with safety chains.

9. All control switches are to be suspended and free swinging so as to permit the operator to move completely clear of hoist area.

10. Safety hats shall be worn by all employees.

11. All water and steam lines 160 degrees or more are to be designated as such by a sign indicating hot water and hot metal pipes shall be located or covered so as to prevent contact with hot surfaces.

12. Splitting area must be clear of all unauthorized personnel before operating saw.

C. Coolers and loading areas.

1. All rails carrying animal carcasses shall be under a periodic maintenance and inspection schedule. All rail hangers, connecting bolts and switching areas are to be checked for tightness and wear.

2. Freezers, coolers, and dry storage areas shall have provisions for adequate aisles and exits.

3. Unit coolers, heaters and refrigeration piping that is within stacking limits must be adequately protected. In ceiling coil type freezers, all stacking shall be limited to avoid striking and breaking pipes.

4. Defrosting by heat is preferred to scraping of coils. If scraping is necessary, great caution must be used and provisions for emergencies must be made.

5. Unit coolers must be provided with adequate barriers to prevent any product from coming in contact with either unit or piping. Valves, pump-out lines and the like shall be so located at the installation so that they are not vulnerable to damage.

6. All freezer and cooler doors shall be equipped with two-way door openers.

7. All dock areas are to be kept clean and free of all refuse.

8. Empty beef trollies shall not be left hanging on any rail.

9. All dock boards or plates shall have an under-structure preventing them from sliding backward or forward when in loading position. Plates shall be provided with suitable chains, or other fixture, on each side for safe lowering into position.

10. Workers must be trained in safe lifting.

11. Sanitation measures taken shall be such as to protect the health and well being of the employees. A system shall be established and maintained for waste and trash disposal so that reasonable level of housekeeping may be maintained. Wastes shall not be allowed to accumulate so as to ferment or putrefy or otherwise become unsanitary and hazardous.

12. A sufficient level of illumination shall be supplied for the type of work in the area. Reference: ANSI Standard A11.1, Industrial Lighting.

TABLE 2

MEAT PACKING

Slaughtering 30 foot-candles.

Cleaning, Cutting, etc. 100 foot-candles.

Inspection, difficult 100 foot-candles.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-6 Motor Vehicle Transportation of Workers

A. General.

1. The purpose of this Safety Code is to prescribe minimum standards for the safe transportation of employees to and from their places of employment as set forth in Title 34, Chapter 36, Transportation of Workers.

2. These rules shall apply to every motor vehicle, including passenger automobiles and station wagons, used to transport employees to and from their place of employment whether or not used upon a public highway.

3. All specifications in this code are minimum. At any particular operation these rules can be enhanced or made more stringent if necessary to protect the life and safety of employees.

4. All owners of motor vehicles used to transport workers, or their appointed agents, and drivers of such vehicles shall abide by all safety orders issued by the Commission, or by its authorized representative.

5. The right of inspection and examination at any reasonable time is reserved by the Commission or its duly designated agent.

6. These rules shall not apply to motor carriers or to motor vehicles owned and operated by the government of the United States.

7. These rules and regulations do not apply to the transportation of agricultural workers.

B. Drivers.

1. Only authorized, experienced, competent, qualified and licensed drivers, not less than 18 years of age, shall be permitted to operate vehicles used to transport workers. A chauffeur's license is not required, except as may be required by law.

2. No employee shall be used to operate a vehicle for transporting workers after such an employee has completed twelve aggregate hours of work in any period of 24 consecutive hours, excluding rest stops and a meal period of not exceeding one hour. During period of regular shift change, this shall not preclude working two alternate eight-hour shifts with an eight-hour off period between the two shifts.

NOTE: A rest stop is a period of not less than two hours and during which time the employee is released from all duty and responsibility. Aggregate hours of work includes all types and classifications of employment and shall not be construed to apply to only those hours driving a vehicle.

3. In lieu of responsible supervisory personnel the operator of a vehicle shall at all times be in charge of workers and responsible for the observance of safety rules.

4. There shall be some signal system, or signaling device provided for the supervisor to communicate with or signal the driver, where the supervisor is separated from the driver.

5. Signals adopted shall be simple and understood by both driver and supervisor. If a signaling device is used, it shall be maintained in good working order.

C. Operation of vehicles.

1. No vehicle shall be loaded beyond its safe carry capacity.

2. No motor vehicle shall be driven if it is so loaded, or if the load thereon is so distributed or so inadequately secured, as to prevent its safe operation.

3. No motor vehicle shall be driven when the passengers or any object obscures the driver's view ahead or to either side, or interferes with the free movement of the driver's arms or legs, or prevents the driver's free and ready access to their controls and emergency equipment, or prevents the free and ready exit of any persons from the vehicle.

4. Drivers using motor vehicles to transport workers shall observe all motor vehicle laws of this state and the cities and counties in which the vehicle is operated.

5. The driver of any vehicle transporting workers, before crossing at grade any tracks of a railroad, shall stop such vehicle not less than 10, not more than 50 feet from the nearest rail of such track, and while so stopped shall look and listen in both directions along such tracks for approaching trains or cars.

a. This requirement shall not apply:

(1) To tracks where traffic control signals are in operation and give indication to approaching vehicular traffic to proceed.

(2) To industry track crossing across which train operations are required by law to be conducted under flat protection; or

(3) To industry track crossing within which the indicated speed of vehicles is 20 miles per hour.

b. Unless a train is approaching, motor vehicles carrying workers are not required to stop at crossings where the Public Service Commission has determined and plainly marked exempt.

6. Only persons authorized by management shall be allowed to ride on vehicles.

7. Vehicles transporting workers shall be driven completely off the highway or road to discharge or take on workers. When the width of the highway or road does not allow the observance of this rule, the vehicle shall draw to the extreme right of the usable portion of the road before discharging or taking on workers, provided there is 16 feet of roadway opposite such vehicle for free passage of other vehicles.

D. Securing of Tools, Equipment, etc.

1. Racks, boxes, holsters, or equivalent means shall be provided and arranged so passengers will not be endangered by tools or equipment being transported, loaded or removed, and tools and equipment preferably placed or arranged so they are accessible from the outside of the vehicle.

2. Tools and materials shall be secured in the racks and boxes provided.

3. When materials of any type are transported at the same time, workers shall be protected from the hazards of materials by adequate partitions or proper securing of loads.

4. A motor vehicle used to haul or transport workers must be equipped with sides at least 42" high and shall have adequate seating facilities.

E. Hauling of Explosives Prohibited.

No explosives, injurious chemicals of pesticides shall be hauled on any vehicles while they are engaged in transporting workers. This rule shall not prohibit the driver and the qualified powder crew from riding in a vehicle in which explosives are being hauled.

F. Hauling of Gasoline, etc.

Gasoline and other low flash point liquids shall not be hauled on vehicles transporting workers except in approved safety containers of not more than five-gallon capacity, and provided such containers are carried in a safe suitable location outside the passenger compartment. Such containers shall be carried as far away from the passenger compartment as possible and where they will not block exit from the vehicle and shall be firmly secured to prevent shifting, or shall be placed in well ventilated compartments or racks.

G. Refueling of Vehicles.

1. Smoking in the vicinity of vehicles being refueled is prohibited.

2. Refueling while motor is running or when within close proximity to any open fires or flame is prohibited.

H. Workers' Duties.

1. Workers riding in motor vehicles shall not stand while the vehicle is in motion. Passengers must wait for the vehicle to come to a complete stop before boarding or leaving.

2. Workers shall be prohibited from riding on running boards or fenders, hoods or cab tops, or with their arms or feet hanging out of or over the rear or side of any vehicle, or on sides of pickups or on tail gates.

3. When dismounting from a vehicle on a highway or road, the workers shall wait until the vehicle has proceeded before crossing the road unless the vehicle has stopped at its destination.

4. Workers wearing equipment which might injure a fellow worker (spurs, exposed sharp tools, etc.) shall remove such equipment before entering any vehicle in which workers are being transported.

5. Scuffling or horseplay while riding in any vehicle is prohibited.

6. Any hazardous condition or defect of a motor vehicle or unsafe practice of driver or workers riding in vehicles used to transport workers shall be reported to the employer, supervisor, or driver as soon as possible by any worker having knowledge of such conditions.

I. Heating the Vehicle.

Any heating units provided for the comfort of workers riding in vehicles used in their transportation shall be guarded or insulated to prevent workers from being burned by accidental contact. The use of hot water radiator type heaters is recommended.

1. If it is necessary to use stoves for heating, such stoves shall be securely attached to the bed of the vehicle and shall be equipped with doors which lock securely. Pipes and other attachments shall be securely fastened to the stove and to the vehicle. Pipes shall be either of continuous length or welded or riveted to the joints.

2. Heating facilities shall be arranged so that smoke, fumes or gases will not enter the vehicle.

J. Inspection, Testing, and Repairs.

1. All vehicles shall be kept in good repair and safe operating condition at all times. Vehicles with defective gears, tires, steering equipment or brakes shall not be used to transport workers.

2. Inspection or testing by the driver of all parts vital to the safe operation of vehicles, such as brakes, steering gear, tires, lights and signaling devices, shall be made at the beginning of each shift or each day, and as often as necessary during use. Any condition found then or at any other time which will prevent the safe operation of the vehicle shall be corrected before the vehicle is used.

3. Compartments for workers shall be kept in a clean and sanitary condition.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-8 Elevators, Escalators, Aerial Trams, Manlifts, Workers' Hoists, Etc

A. This part will cover elevators of various types, dumbwaiters, escalators, moving walks, aerial trams, ski lifts, manlifts, personnel and material hoists or other mechanical applications of a similar nature when used to transport employees. It will not cover conveyors used to move material to and from storage, stacking or tiering machines, mine hoists, elevators, or skips.

B. Where local laws or ordinances have more strict regulations such laws or ordinances shall apply.

C. Elevators, escalators, and moving walks shall be designed, installed, operated, inspected, maintained and tested as specified in American National Standard Institute, A17.1, which is incorporated by reference.

D. Aerial tramways and ski lifts shall meet the provisions specified in American National Standards Institute Code B77.1 which is incorporated by reference.

E. Manlifts shall meet the provisions specified in American National Standards Institute Safety Code A90.1 which is incorporated by reference.

F. Material hoists and workers' hoists shall meet the safety provisions specified in American National Standards Institute A10.2 and A10.4, which is hereby incorporated by reference. For a hoist to meet the provisions to transport workers (A10.4) it shall also meet safety provisions, out of American National Standards Institute Safety Code A17.1 which is incorporated by reference.

G. Material hoists which do not meet the requirements for worker's hoists (A10.4) must be clearly marked "NO RIDERS" or a similar sign. All employees are required to enforce any restrictions against any workers riding such hoists.

H. Before any equipment covered by this part is installed or a major revision or remodeling begins on such equipment, the Administrator must be advised at least one week in advance of such installation, revision, or remodeling.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-9 Filters and Centrifuges

A. Filters-General.

1. The necessary protective equipment shall be supplied and used, to protect employees from chemically harmful, hot or irritating materials.

2. Most filtration equipment depends on vacuum and/or pressure operation. Therefore, hazards produced by such vacuum or pressure shall be recognized and precautions and training given commensurate with such hazards.

3. Covers, ventilating hoods, feed chutes or other auxiliary equipment located overhead or suspended above the workers shall be adequately secured by recognized engineering standards and shall be inspected frequently to assure that corrosion wear or any other factor has not deteriorated the suspension system, making it unsafe.

4. When hoods or covers are movable and raised (suspended) so that workers must work under them, positive blocking or supports sufficient to support the load must be in place before the employee commences work under the hood or cover.

5. Floors, walkways, ramps, stairs, or other such equipment shall be adequate for the work performed and they shall have handrailings. Where the materials handled cause floors to become slick, anti-skid surfaces shall be provided.

6. When it is necessary to handle heavy components in excess of 100 lbs, as a regular part of the operation, a hoist shall be provided. In some cases, depending on the lifting position of the employee, a hoist may be necessary when the components weigh less than 100 lbs.

7. Any filter which is activated by pressure shall be equipped with a pressure gauge installed so as to indicate the pressure within the functional mechanism of the filter.

8. All electrical gear installed in connection with filtration must be grounded. Switch gear should be waterproof or installed above or away from the filtration area. All switch gear shall be properly identified.

9. Sumps or other floor openings shall be protected by covers or railings or other satisfactory barricades.

B. Plate and Frame Filters.

1. The filter shall be fitted for the maximum pressure which can be delivered by the feed pump.

2. Plates and frames shall be properly fitted and dressed so as to reduce leakage to a minimum.

3. Provisions shall be established to control leakage from squirting from the filter into the work area. A full cover is recommended.

4. The handles on plates and frames shall be securely attached. When wooden plates and frames are used, the handles shall be inspected and maintained so as to prevent their pulling out while being handled. Plates and frames with loose handles shall not be installed when reassembling a filter.

5. Spigots, when used, shall be adequately maintained.

6. When the filter cake is dropped into an agitator, hopper, extender chute, or tank, a grizzly or other effective means shall be provided to protect the employee from getting caught or falling into such equipment.

7. Hydraulic closers shall be fitted for the pressure encountered. Adequate blocks or other satisfactory method shall be provided so that the hydraulic pressure can be relieved during the operating cycle of the filter.

8. When a bar is used to tighten the filter, a hand guard or block or other satisfactory means shall be provided on the handle to protect the hands of the operator from being mashed against the floor or other contact surface.

C. Drum filters.

1. Driving machinery shall be guarded or totally enclosed.

2. Agitator drive arms shall be arranged or shall be guarded so that the employee is protected at scissor or pinch points.

3. Air lancing of the feed bath or air agitation shall be controlled. Goggles or face shields shall be worn when using an air lance.

4. Repulper agitators shall be protected by grizzly or other means so that hands or feet cannot come in contact with the blades.

5. Filters shall be maintained or a cover shall be provided so that the blow cannot pass through holes in the blanket in such a manner as to endanger workers. This shall be interpreted as meaning hazardous chemicals or hot solutions.

6. Belt discharges shall be guarded so that the nip points are enclosed or otherwise protected.

7. Employees shall not enter the inside of a drum until it is established that a safe atmosphere exists. A fan or other source of breathable air shall be supplied to insure an adequate oxygen supply inside the drum. An employee shall be available outside the drum in case of emergency.

D. Disc or Leaf Filters.

1. Driving mechanisms shall be adequately guarded or enclosed.

2. Adequate footing shall be provided when changing sectors, retainers or rods.

3. The filter shall be fitted for the vacuum and pressures encountered.

4. Disposal of filter cake shall meet the provisions outlined in Subsection R614-6-9.B.6.

5. If conveyor discharge is used, the conveyors shall meet the standards set forth in Section R614-5-2.

E. Pressure filters-Horizontal and Vertical tank type.

1. Pressure filter tanks shall be constructed under the standards established for unfired pressure vessels.

2. The filter shall be fitted for the pressures encountered.

3. All seal gaskets shall be maintained so as to preclude leakage.

4. Closure mechanisms shall be positive so as to prevent any possibility of the tank opening while under pressure.

5. Hinged lever type of closures shall be so arranged that when the handle passes center, when opening the filter, that the operator is protected from the thrust on the handle or it is reduced to a safe force which can be easily controlled.

6. Individual screw type closures shall all be in place and tightened so as to receive strain uniformly around the circumference of the tank before the filter is placed in operation.

7. No pressure tank type filter shall be opened until all pressure has been relieved and is open to atmosphere.

8. Filter media shall be cleaned in a safe manner. Due caution shall be exercised when using steam, hot water or compressed air.

F. Pan, Tray and Belt Filters.

1. The applicable provisions for all above-mentioned filters shall be followed.

2. The slurry feed shall be so controlled to prevent splashing onto the operator.

G. Vacuum and filtrate pumps and lines.

1. All drives shall be enclosed or guarded.

2. Lines shall be adequately identified.

3. When valves are installed in lines, they shall be accessible from floors, ladders or platforms provided, or shall have extension handles to the working area.

H. Filter aids and reagents.

1. Operators shall be knowledgeable concerning any additives used and the reaction which may be hazardous.

2. Chemicals which may be poisonous or severely irritating shall have such warnings posted along with procedure concerning their use and instructions in case of hazardous exposure.

3. The storage and handling of any chemicals used shall be in conformance with the Manufacturing Chemists Association data sheet concerning the material.

4. Steam and hot solutions or slurries shall be identified and where practical shall have the lines insulated in areas where employees may contact them.

I. Centrifuges.

1. The housing of all centrifuges shall be electrically grounded.

2. Operators of centrifuges shall be trained concerning the hazards of the operation.

3. Each centrifuge shall be equipped with an interlocking device that will prevent the cover from being opened while the machine is in operation or under power.

4. When the cover is bolted, the interlock will not be necessary, but a positive procedure of lockout and tagging shall be enforced.

5. Each centrifuge shall be adequately anchored and shall be equipped with a vibration cutout device. This must be maintained operable at all times. This requirement may be waived when the centrifuge has a full-time attendant.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-10 Food Processing

A. Grinders and cutters.

1. Production rooms shall have adequate lighting throughout working and storage areas.

2. Machines and equipment shall be installed and used in the manner recommended by their manufacturer.

3. Machine operators shall be trained in the machine operation and especially in safety as concerns the particular machine or process.

4. Grinders shall be provided with suitable pushing bars. Supervision shall see that the pushers are used and that hands are not used to feed grinders.

5. Every power-driven food grinder of the worm type shall be so constructed, installed or guarded that the employee's fingers cannot come in contact with the worm. Examples:

a. Mechanical feeding.

b. Grating or bar guards over opening arranged in such a manner that the fingers cannot reach the worm.

c. Distance from the feed opening to screw in excess of an arm's length.

d. Restricting the size of the feed opening.

6. Under no circumstances shall pusher be used in lieu of a positive method of guarding.

7. Before cleaning food grinders, choppers, or similar powered equipment, the controls shall be locked and/or tagged in the off position.

8. Processing machines shall be installed at the proper height, or platforms installed, so the operator can accomplish the work without using stools or make-shift devices to stand on.

9. Chopper and blender bowls shall be guarded. When guarding is not practical, explicit instructions and supervision must assure that hands do not enter the bowl.

10. Machines having a plunger, piston or fast moving press type of operation shall be equipped with two hand controls, remote controls, interlocking devices, etc., to prevent the operator from being caught in the closure.

11. Knife changing or any repairs or changes which will permit the employee to be caught in the machinery or its driving mechanism shall not be done until the power controls are in the off position and/or tagged and locked.

B. Material and arrangement.

1. Machines shall be installed so as to give safe operation space and adequate access.

2. A system shall be established and maintained for waste and trash disposal so that a reasonable level of housekeeping may be maintained. Wastes shall not be allowed to accumulate so as to ferment or putrefy or otherwise become unsanitary and hazardous.

3. Excess material in the work places may be hazardous and shall be avoided.

4. Equipment shall be maintained so as to prevent metal edges from wearing sharp, tools from wearing or otherwise becoming hazardous, broken handles, etc. Buckets, pans, trays, etc., shall have a place and be in their place. Bails and handles on service containers shall be maintained safe.

5. Hoses shall be selected for the type of usage involved. Hoses shall be identified so that there is not an interchange of cold water hose into hot water, air or steam usage.

6. Hose couplings on air, hot water, and steam lines shall be secured by pinning, chains, or other satisfactory methods.

7. Hoses shall not be strung across work areas and left unattended. A rack, reel or other device shall be provided for hose storage.

C. Tools.

1. Hand knives and other sharp tools when carried, except in hand, shall be kept in a scabbard, case, holder or otherwise protected from accidental contact.

2. 29 CFR 1910 Subpart S adopts the National Electrical Code. This includes the grounding of all machines and electrical tools, and extension cords. Electrical installation must meet the provisions of these codes.

3. All portable tools shall have suitable guards that meet accepted codes. Employees using portable power tools shall be instructed and supervised in their proper use and care.

D. Refrigeration maintenance.

1. All mechanical personnel who are scheduled or designated to do any work on a refrigeration system shall be briefed on the entire job before beginning. The production supervisor and superintendent, safety department, and emergency personnel shall be notified that work is to be done.

2. Some of the basics that shall be checked before a refrigerant system is opened are:

a. Trace out piping.

b. Locate branch shut off valves.

c. Tag or lock out all switches, equipment, and valves that may affect the job.

d. Obtain all necessary safety equipment, and be sure that it is in operating condition.

e. Check to see that chemicals and gases are purged or evacuated from the system.

f. Note the effect of liquid and oil on pump-out operations.

g. Confer with associated personnel on safety precautions, safety equipment, standby safety equipment, emergency plans and first-aid measures.

h. Locate safety shower or deluge water supply.

i. Establish an evacuation route.

j. Check for location of nearest fire alarm, stretcher, and fire extinguisher. Know all emergency telephone numbers.

3. Before leaving the job make necessary checks to see that equipment is secured or safe to operate. If the job is not completed, post suitable warning, tag and lock controls, and notify supervisors of subsequent shift. Clean up all protective equipment.

E. Hot Processing.

1. Deep frying and similar processes where hot shortening or grease is handled or used must have adequate safety procedures established. Training in safe methods is essential and supervision must be assured that the safe procedures and methods are followed and that equipment used will function in a safe manner.

2. Hand transferring of hot grease or similar materials shall be done with extreme care, using gloves or pads to protect hands, and quantities not to exceed 1 U.S. gallon. Eye protection should be worn. Other employees shall be excluded from the hazard area.

3. Ventilation hoods over frying areas shall be cleaned sufficiently to keep them relatively grease free. A 10 B.C. fire extinguisher shall be available in the immediate area.

4. Lard rendering and filtration shall be so arranged, guarded, and protected as to prevent the workers from being exposed to the hazards of burns.

5. Sanitation and housekeeping measures shall be sufficient to protect the health and well being of the employees. Rotted or putrefied products and diseased animal products shall not be handled unless the employee is protected from skin contact. Other protection may be needed, and if so shall be used.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

Utah Admin. Code R614-6-11 Boilers and Pressure Vessels

Boilers and pressure vessels shall meet the requirements of Section 34A-7-102.

History

• KEY: machinery, work-related diseases, boilers
• Date of Last Change: February 21, 2025
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-7-101; 34A-7-102; 34A-7-103; 34A-7-104; 34A-7-105; 34A-6-201 et seq.

R614-7 Construction Standards

Utah Admin. Code R614-7-1 Roofing, Tar-Asphalt Operations

A. Hot roofing.

1. Protective clothing and equipment.

a. Roofers handling hot roofing materials shall be fully clothed including long sleeved shirts buttoned at the wrists. Other employees may wear no less than "T" shirts over their upper body.

b. Substantial shoes no less than six (6) inches in height, fully laced or secured shall be worn.

c. No gauntlet gloves shall be permitted. Wrist length gloves shall be worn.

d. Employees subjected to the possibility of splashing hot materials shall wear face shields or goggles.

2. Heating equipment.

a. All heating kettles shall be equipped with a temperature measring device in operating condition and the asphalt shall not be heated in excess of 50 degrees below the Flash Point.

b. Toxic and combustible vapors are given off during heating of asphalt and tar materials. Employees working with these materials shall be instructed in safety precautions and in the proper methods of handling.

c. Attendants shall be within 100 feet of the kettle at all times while the burner flame is on.

d. Kettle heating equipment shall be installed and maintained in conformity with the American National Standards Institute Requirements for the fuel being used.

e. A fire extinguisher no smaller than 10 B-C rating shall be installed in close proximity to heating kettles.

f. During melting and heating operations, care shall be taken to prevent moisture from getting into the hot mix.

3. Material handling.

a. Pump lines handling hot asphalt shall be positioned securely and equipped with a shut-off valve on each of a coupler which may be opened when lines are full.

b. Pump lines shall not be subjected to pressures in excess of the safe working pressure of the lines being used.

c. Hot asphalt shall not be carried up ladders but shall be pumped or hoisted.

d. Hoisting frames and equipment shall be installed in a safe manner, properly secured and positioned so that the operator has access to the bucket or container without subjecting himself to hazard.

e. Every tar bucket used by roofers or workers in similar trades shall be made of No. 24 gauge or heavier sheet steel and shall have a metal bail of no less than 1/4 inch diameter material. The bail shall be fastened to offset ears or the equivalent which have been riveted, welded or otherwise securely attached to the bucket. Soldered bail sockets are not permissible. Most paint buckets will not comply with these regulations.

f. Extreme caution shall be taken when working near sky lights or other roof holes.

g. Employees shall be positioned in such a manner that they cannot be struck by a bucket or other roofing material which may accidentally fall either while being hoisted, lowered or used in the roofing operation.

4. Flammable liquid with a flash point below 100 degrees F. (gasoline and similar products) shall not be used for cleaning purposes.

5. Workers shall not ride on top of loaded trucks or on running boards but shall be seated inside the cab of the vehicle.

6. Provisions of 29 CFR 1926.451 and 1926.1050 shall be complied with as applicable, covering scaffolds and ladders.

B. Asphalt mixing plants.

1. Toxic and combustible vapors are given off during heating of asphalt and tar materials. Employees working with these materials shall be instructed in necessary precautions and in the proper methods of handling.

2. Suitable clothing and protective devices shall be worn by employees handling or applying asphalt and tar materials.

3. Positive care shall be taken to prevent heating materials above the flashpoint. Mixing operations shall be performed at the lowest practicable temperature.

4. Drums or other containers in which liquid bituminous materials are stored shall be kept tightly closed when not in use and shall be protected from sources of excess heat, sparks, and open flames.

5. A 10 B.C. fire extinguisher shall be provided at locations where heating devices or melting kettles are in use.

6. Asphalt or tar heating kettles when in use shall not be left unattended and shall be securely fastened to prevent accidental tipping. They shall be provided with a lid and thermometer.

7. During melting and heating operations, care shall be taken to prevent moisture from getting into the hot mix. The use of gasoline or similar volatile materials as thinners is prohibited.

8. Where natural ventilation is insufficient at enclosed areas in which hot tar, asphalt, etc., are being heated or applied, an approved method of mechanical ventilation shall be provided. In addition, respirators shall be furnished to workers where required.

9. Heating, pumping, and application operations shall not be left unattended and an operator shall be stationed near the equipment to cut off flow or care for other emergencies.

10. Spraymen handling hot asphalt or tar shall not be allowed to work under hoses supplying hot materials to the sprays. Only flexible metallic hoses fitted with insulated handles shall be used in hand-spraying operations.

11. Form pins having mushroomed or split heads shall be discarded or effectively repaired.

12. Pipe lines which contain hot oil or asphalt shall be equipped with a shut-off valve on each side of a coupler which may be opened when lines are full.

History

• KEY: safety
• Date of Last Change: February 22, 2010
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-7-2 Grizzlies Over Chutes, Bins, and Tank Openings

A. Employees shall be furnished with and be required to use approved type safety harnesses and shall be tied off securely so as to suspend him above the level of the product before entering any bin, chute, or storage place containing material that might cave or run. Cleaning and barring down in such places shall be started from the top using only bars blunt on one end or having a ring type or D handhold.

B. Employees shall not work on top of material stored or piled above chutes, draw holes or conveyor systems while material is being withdrawn unless protected.

C. Chutes, bins, drawholes, and similar openings shall be equipped with grizzlies or other safety devices that will prevent employees from falling into the openings.

D. Bars for grizzly grids shall be so fitted that they will not loosen and slip out of place, and the operator shall not remove a bar temporarily to let large rocks through rather than to break them.

History

• KEY: safety
• Date of Last Change: February 22, 2010
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-7-3 Cranes and Derricks

Two Blocking Damage Preventive Feature. On hydraulic cranes with power telescoping booms, an "Anti Two- Blocking" feature, warning device, or other arrangement, shall be provided to warn the crane operator to avoid colliding ("two blocking") the hook block with the boom point when hoisting the load, when extending the boom or when booming up or down.

History

• KEY: safety
• Date of Last Change: February 22, 2010
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

Utah Admin. Code R614-7-4 Residential-Type Construction, Raising Framed Walls

A. Scope and Application

This section applies to work directly associated with the raising of framed walls in new buildings or structures in residential-type construction.

B. Definitions

1. "Residential-type Construction" means construction using the operations, methods, and procedures associated with residential and light commercial construction characterized by joists or trusses resting on stud walls and using wood and/or light gage steel frame construction.

2. "Bottom Plate" means the bottom horizontal member of a frame wall.

C. Standards For Raising Walls.

1. At no time during the raising of the framed wall shall an employee who is not performing the actual lift be allowed under the wall system unless a mechanical bracing system is in place to arrest the fall of a wall.

2. Before manually raising framed walls that are 10 feet or more in height, temporary restraints such as cleats on the foundation/floor system or straps on the wall bottom plate shall be installed to prevent inadvertent horizontal sliding or uplift of the framed wall bottom plate. Anchor bolts and/or toe nails, are not sufficient for use in blocking or bracing the framed wall.

3. Framed walls 18 feet or more in height shall be raised using mechanical lifting devices.

D. Standards For Training.

1. The employer shall provide a training program to employees engaged in raising framed walls. The program shall enable employees to recognize the hazards associated with raising framed walls and shall include procedures to minimize those hazards, including:

a. Where required by the standard, the use of and limitations to temporary restraints used to prevent inadvertent sliding and uplift on the bottom plate;

b. the use of mechanical lifting devises;

c. the use of mechanical bracing systems; and

d. the role of each employee involved in the raising of a framed wall.

History

• KEY: safety
• Date of Last Change: February 22, 2010
• Notice of Continuation: June 24, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-6

R616 Boiler, Elevator and Coal Mine Safety

R616-1 Coal, Gilsonite, or other Hydrocarbon Mining Certification

Utah Admin. Code R616-1-1 Authority and Purpose

This rule is established pursuant to Section 40-2-401 et seq., which authorize the Labor Commission to enact rules governing the certification of individuals to work in the positions of underground mine foreman, surface mine foreman, fire boss, underground electrician or surface electrician in coal mines, gilsonite mines or other hydrocarbon mines in Utah.

History

• KEY: certification, labor, mining
• Date of Last Change: May 23, 2007
• Notice of Continuation: June 3, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.

Utah Admin. Code R616-1-2 Definitions

A. "Commission" means the Labor Commission created in Section 34A-1-103.

B. "Division" means the Division of Boiler, Elevator and Coal Mine Safety of the Labor Commission.

C. "Certification" means a person being judged competent and qualified by the Division for a mining position identified in Section 40-2-402 by meeting standards established by the Division and the examining panel pursuant to the requirements in Sections 40-2-401 and 402.

History

• KEY: certification, labor, mining
• Date of Last Change: May 23, 2007
• Notice of Continuation: June 3, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.

Utah Admin. Code R616-1-3 Fees

As required by Section 40-2-401, the Labor Commission shall establish and collect fees for certification sufficient to fund the Commission's miner certification process. The Commission's fees schedule shall be submitted to the Legislature for approval pursuant to Section 63J-1-301(2).

History

• KEY: certification, labor, mining
• Date of Last Change: May 23, 2007
• Notice of Continuation: June 3, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.

Utah Admin. Code R616-1-4 Code of Federal Regulations

The provisions of 30 CFR, sections 1 through 199, "Federal Underground Coal Mine Safety Standards," 11th ed., July 1, 1996, are hereby incorporated by reference.

History

• KEY: certification, labor, mining
• Date of Last Change: May 23, 2007
• Notice of Continuation: June 3, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.

Utah Admin. Code R616-1-5 Initial Agency Action

Division action either granting or denying an applicant's application for certification are classified as informal adjudicative actions pursuant to Section 63G-4-202 of the Utah Administrative Procedures Act and shall be adjudicated accordingly.

History

• KEY: certification, labor, mining
• Date of Last Change: May 23, 2007
• Notice of Continuation: June 3, 2022
• Authorizing, and Implemented or Interpreted Law: 34A-1-104; 40-2-1 et seq.

R616-2 Boiler and Pressure Vessel Rules

Utah Admin. Code R616-2-1 Authority

This rule is established pursuant to Title 34A, Chapter 7 for the purpose of establishing reasonable safety standards for boilers and pressure vessels to prevent exposure to risks by the public and employees.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-2 Definitions

A. "ASME" means the American Society of Mechanical Engineers.

B. "Boiler inspector" means a person who is an employee of:

1. The Division who is authorized to inspect boilers and pressure vessels by having met nationally recognized standards of competency and having received the Commission's certificate of competency; or

2. An insurance company writing boiler and pressure vessel insurance in Utah who is deputized to inspect boilers and pressure vessels by having met nationally recognized standards of competency, receiving the Commission's certificate of competency, and having paid a certification fee.

C. "Commission" means the Labor Commission created in Section 34A-1-103.

D. "Division" means the Division of Boiler, Elevator and Coal Mine Safety of the Labor Commission.

E. "National Board" means the National Board of Boiler and Pressure Vessel Inspectors.

F. "Nonstandard" means a boiler or pressure vessel that does not bear ASME and National Board stamping and registration.

G. "Owner/user agency" means any business organization operating pressure vessels in this state that has a valid owner/user certificate from the Commission authorizing self-inspection of unfired pressure vessels by its owner/user agents, as regulated by the Commission, and for which a fee has been paid.

H. "Owner/user agent" means an employee of an owner/user agency who is authorized to inspect unfired pressure vessels by having met nationally recognized standards of competency, receiving the Commission's certificate of competency, and having paid a certification fee.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-3 Safety Codes and Rules for Boilers and Pressure Vessels

The following safety codes and rules shall apply to all boilers and pressure vessels in Utah, except those exempted pursuant to Section 34A-7-101, and are incorporated by reference in this rule.

A. ASME Boiler and Pressure Vessel Code -- 2023.

1. Section I Rules for Construction of Power Boilers.

2. Section IV Rules for Construction of Heating Boilers.

3. Section VIII Rules for Construction of Pressure Vessels.

B. Controls and Safety Devices for Automatically Fired Boilers, Applicable to boilers with fuel input ratings greater than or equal to 400,000 Btu/hr, ASME CSD-1-2015. Except:

1. Part CG-130(c).

C. National Board Inspection Code ANSI/NB-23 - 2023 Parts and 4.

D. NFPA 85 Boiler and Combustion Systems Hazard Code 2015.

E. Pressure Vessel Inspection Code: Maintenance Inspection, Rating, Repair and Alteration API 510 Tenth Edition, 2014. Except:

1. Section-8, and

2. Appendix-A.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-4 Quality Assurance for Boilers, Pressure Vessels and Power Piping

A. Consistent with the requirements of the Commission and its predecessor agency since May 1, 1978, all boilers and pressure vessels installed on or after May 1, 1978 shall be registered with the National Board and the data plate must include the National Board number.

B. Pursuant to Section 34A-7-102(2), any boiler or pressure vessel of special design must be approved by the Division to ensure it provides a level of safety equivalent to that contemplated by the Boiler and Pressure Vessel Code of the ASME. Any such boiler or pressure vessel must thereafter be identified by a Utah identification number provided by the Division.

C. All steam piping, installed after May 1, 1978, which is external (from the boiler to the first stop valve for a single boiler and the second stop valve in a battery of two or more boilers having manhole openings) shall comply with Section 1 of the ASME Boiler and Pressure Vessel Code or ASME B31.1 Power Piping as applicable.

D. Nonstandard boilers or pressure vessels installed in Utah before July 1, 1999 may be allowed to continue in operation provided the owner can prove the equivalence of its design to the requirements of the ASME Boiler and Pressure Vessel Code. Nonstandard boilers or pressure vessels may not be relocated or moved.

E. Effective July 1, 1999, all boiler and pressure vessel repairs or alterations must be performed by an organization holding a valid Certificate of Authorization to use the "R" stamp from the National Board. Repairs to pressure relief valves shall be performed by an organization holding a valid Certificate of Authorization to use the "VR" stamp from the National Board.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-5 Code Applicability

A. The safety codes which are applicable to a given boiler or pressure vessel installation are the latest versions of the codes in effect at the time the installation commenced.

B. If a boiler or pressure vessel is replaced, this is considered a new installation.

C. If a boiler or pressure vessel is relocated to another location or moved in its existing location, this is considered a new installation.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-6 Variances to Code Requirements

A. In a case where the Division finds that the enforcement of any code would not materially increase the safety of employees or general public, and would work undue hardships on the owner or user, the Division may allow the owner or user a variance pursuant to Section 34A-7-102. Variances must be in writing to be effective, and can be revoked after reasonable notice is given in writing.

B. Persons who apply for a variance to a safety code requirement must present the Division with the rationale as to how their boiler or pressure vessel installation provides safety equivalent to the safety code.

C. No errors or omissions in these codes shall be construed as permitting any unsafe or unsanitary condition to exist.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-7 Boiler and Pressure Vessel Compliance Manual

A. The Division shall develop and issue a safety code compliance manual for organizations and personnel involved in the design, installation, operation and maintenance of boilers and pressure vessels in Utah.

B. This compliance manual shall be reviewed annually for accuracy and shall be re-issued on a frequency not to exceed two years.

C. If a conflict exists between the Boiler and Pressure Vessel compliance manual and a safety code adopted in R616-2-3, the code requirements will take precedence.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-8 Inspection of Boilers and Pressure Vessels

A. It shall be the responsibility of the Division to make inspections of all boilers or pressure vessels operated within its jurisdiction, when deemed necessary or appropriate.

1. Boiler inspection frequency shall be pursuant to 34A-7-103.

2. Pressure Vessel inspection frequency shall be as follows:

a. Heat exchangers that operate from high pressure steam or high temperature water plants shall be inspected every twenty- four (24) months.

b. Autoclaves that operate above 15 psi steam pressure shall be inspected every twenty-four (24) months.

c. All other pressure vessels which fall under the jurisdiction of the Division shall be inspected every forty-eight (48) months.

B. Boiler inspectors shall examine conditions in regards to the safety of the employees, public, machinery, ventilation, drainage, and into all other matters connected with the safety of persons using each boiler or pressure vessel, and when necessary give directions providing for the safety of persons in or about the same. For boilers or pressure vessels inspected by an inspector employed by the Division, the owner or user is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary. For boilers or pressure vessels inspected by a deputy inspector employed by an insurance company, the deputy inspector's right of entry on the premises where the boiler or pressure vessel is located is subject to the agreement between the insurance company and the owner or operator of the boiler or pressure vessel. In the event an internal inspection of a boiler or pressure vessel is required the owner or user shall, at a minimum, prepare the boiler or pressure vessel by meeting the requirements of 29 CFR Part 1910.146 "Permit Required Confined Spaces" and 29 CFR Part 1910.147 "Control of Hazardous Energy (Lockout/Tagout)".

C. If the Division finds a boiler or pressure vessel complies with the safety codes and rules, the owner or user shall be issued a Certificate of Inspection and Permit to Operate.

D. If the Division finds a boiler or pressure vessel is not being operated in accordance with safety codes and rules, the owner or user shall be notified in writing of all deficiencies and shall be directed to make specific improvements or changes as are necessary to bring the boiler or pressure vessel into compliance.

E. Pursuant to Sections 34A-1-104, 34A-2-301 and 34A-7-102, if the improvements or changes to the boiler or pressure vessel are not made within a reasonable time, the boiler or pressure vessel is being operated unlawfully.

F. If the owner or user refuses to allow an inspection to be made, the boiler or pressure vessels is being operated unlawfully.

G. If the owner or user refuses to pay the required fee, the boiler or pressure vessel is being operated unlawfully.

H. If the owner or user operates a boiler or pressure vessel unlawfully, the Commission may order the boiler or pressure vessel operation to cease pursuant to Sections 34A-1-104 and 34A-7-103.

I. If, in the judgment of a boiler inspector, the lives or safety of employees or public are or may be endangered should they remain in the danger area, the boiler inspector shall direct that they be immediately withdrawn from the danger area, and the boiler or pressure vessel be removed from service until repairs have been made and the boiler or pressure vessel has been brought into compliance.

J. An owner/user agency may conduct self inspection of its own unfired pressure vessels with its own employees who are owner/user agents under procedures and frequencies established by the Division.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-9 Fees

Fees to be charged as required by Section 34A-7-104 shall be adopted by the Labor Commission and approved by the Legislature pursuant to Section 63J-1-301(2).

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-10 Notification of Installation, Revision, or Repair

A. Before any boiler covered by this rule is installed or before major revision or repair, particularly welding, begins on a boiler or pressure vessel, the Division must be advised at least one week in advance of such installation, revision, or repair unless emergency dictates otherwise.

B. It is recommended that a business organization review its plans for purchase and installation, or of revision or repair, of a boiler or pressure vessel well in advance with the Division to ensure meeting code requirements upon finalization.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-11 Initial Agency Action

Issuance or denial of a Certificate of Inspection and Permit to Operate by the Division, and orders or directives to make changes or improvements by the boiler inspector are informal adjudicative actions commenced by the agency per Section 63G-4-201.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-12 Presiding Officer

The boiler inspector is the presiding officer referred to in Section 63G-4-201. If an informal hearing is requested pursuant to R616-2-13, the Commission shall appoint the presiding officer for that hearing.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-13 Request for Informal Hearing

Within 30 days of issuance, any aggrieved person may request an informal hearing regarding the reasonableness of a permit issuance or denial or an order to make changes or improvements. The request for hearing shall contain all information required by Sections 63G-4-201(2)(a) and 63G-4-201(3).

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-14 Classification of Proceeding for Purpose of Utah Administrative Procedures Act

Any hearing held pursuant to R616-2-13 shall be informal and pursuant to the procedural requirements of Section 63G-4-203 and any agency review of the order issued after the hearing shall be per Section 63G-4-302. An informal hearing may be converted to a formal hearing pursuant to Section 63G-4-202(3).

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

Utah Admin. Code R616-2-15 Deputy Boiler/Pressure Vessel Inspectors

A. Purpose -- Section 34A-7-10 of the Safety Act ("the Act"; Title 34A, Chapter 7, Part One, Utah Code Annotated) permits the Division of Boiler, Elevator and Coal Mine Safety ("the Division") to authorize qualified individuals to inspect boilers and pressure vessels as "deputy inspectors." This rule sets forth the Division's procedures and standards for authorizing deputy inspectors, monitoring their performance, and suspending or revoking such authority when appropriate.

B. Initial appointment of deputy inspectors.

1. An applicant for initial Division authorization to inspect boilers and pressure vessels as a deputy inspector must satisfy the following requirements in the order listed below:

a. A company insuring boilers and pressure vessels in Utah ("sponsoring employer" hereafter) must submit a letter to the Division certifying that:

i. the applicant is employed by the sponsoring employer; and

ii. the sponsoring employer requests the Division authorize the applicant to inspect boilers and pressure vessels insured by that employer;

b. The applicant or sponsoring employer must submit to the Division a current, valid certification from the National Board of Boiler and Pressure Vessel Certification ("National Board") that the applicant is qualified to inspect boilers and pressure vessels;

c. The applicant or sponsoring employer must submit an application fee of $30 to the Division;

d. The applicant must complete training for deputy inspectors provided by the Division;

e. The applicant must pass an oral examination administered by the Division pertaining to boiler and pressure vessel inspection standards and processes; and

f. The applicant must pass a written, closed-book examination administered by the Division on the Division's boiler/Pressure Vessel Compliance Manual, Rules, and codes adopted;

2. Upon successful completion of the foregoing requirements, the Division will appoint the applicant as a deputy inspector and will issue credentials to that effect. The Division will also notify the sponsoring employer of the appointment.

3. Initial appointment as a deputy inspector terminates at the end of the calendar year in which such appointment is made unless a deputy inspector qualifies for reappointment under paragraph C of this rule.

C. Annual reappointment of deputy inspectors.

1. Effective January 1 of each year, the Division will renew the appointment of each deputy inspector for an additional year if the inspector satisfies the following requirements:

a. The individual was authorized to serve as a deputy inspector as of December 31 of the previous year;

b. A sponsoring employer has submitted a letter to the Division certifying that:

i. the individual is employed by the sponsoring employer; and

ii. The sponsoring employer requests the Division to reappoint that individual as a deputy inspector to inspect boilers and pressure vessels for that employer;

c. The individual or sponsoring employer has submitted to the Division a current, valid certification from the National Board establishing that the individual is qualified as a boiler and pressure vessel inspector;

d. The individual or sponsoring employer has submitted to the Division the required renewal fee of $24;

e. The individual has completed the Division's required training for deputy inspectors.

2. An individual who does not meet each of the foregoing requirements is not eligible for reappointment as a deputy inspector and must instead meet each of the requirements for initial appointment under paragraph B of this rule.

D. Lapse, change of employment and loss of National Board certification.

1. Lapse. An individual's appointment as a deputy inspector will lapse if the individual:

a. Does not renew the appointment by satisfying the requirements of paragraph C of this rule;

b. Does not perform and submit to the Division at least one boiler or pressure vessel inspection during the previous calendar year; or

c. Fails to inform the Division of any change in status of employment with his or her sponsoring employer as required in the following paragraph D.2. of this rule.

2. Change in employment.

a. A deputy inspector must immediately notify the Division in writing of any change in the status of the inspector's employment with his or her sponsoring employer.

b. If the Division determines that an individual previously appointed as a deputy inspector is no longer employed by a company authorized to insure boilers and pressure vessels in Utah, the Division will immediately revoke that individual's appointment.

c. If the Division determines that a deputy inspector has changed employment to another company that insures boilers and pressure vessels in Utah, the Division will require the new employer or deputy inspector to submit the following:

i. A letter from the new employer:

AA. certifying that the individual is employed by that sponsoring employer; and

BB. requesting that the individual's appointment as a deputy inspector be continued;

ii. A current, valid certification as a boiler/pressure vessel inspector from the National Board; and

iii. Payment to the Division of the required fee of $24.

3. National Board Certification.

a. Every deputy inspector shall at all times hold a current valid certification as a boiler/pressure vessel inspector from the National Board.

b. Each deputy inspector shall immediately notify the Division if his or her National Board certification has been revoked or suspended.

c. If the Division has reason to believe that a deputy inspector's National Board certification has been revoked or suspended, the Division will obtain written verification from the National Board. IF the National Board has in fact revoked or suspended the deputy inspector's certification, the Division will revoke the inspector's appointment as a deputy inspector.

E. Scope of authority. Appointment as a deputy inspector has the limited effect of authorizing the deputy inspector to inspect boilers and pressure vessels insured by his or her sponsoring employer for compliance with engineering codes and other standards adopted by the Division in Utah Administrative Code Rule R616-2. The Division expressly does not confer any other authority to deputy inspectors. Deputy inspectors remain employees of their respective sponsoring employers and are not employees of the Division or agents of the Division for any other purpose. A deputy inspector's right to inspect any particular boiler or pressure vessel, including the deputy inspector's right of entry on the premises where the boiler or pressure vessel is located, is subject to the agreement between the sponsoring employers and the owner or operator of the boiler or pressure vessel. Appointment as a deputy inspector by the Division does not confer any right of entry independent from the terms of such agreement.

F. Inspection Standards

1. In inspecting any boiler or pressure vessel, a deputy inspector shall apply the standards and engineering codes adopted in Utah Administrative Code R616-2 - Boiler and Pressure Vessel Rules.

2. Each deputy inspector must use the Division's web-based applications to accurately record and submit all information regarding boilers and pressure vessels, including;

a. inspection reports;

b. scrapped and inactive items;

c. information changes other than those requiring submission of a Change of Insurance Status Form (NB4); and

d. a Web Issue Form (Form WIF-01) to identify any error or other issue resulting from the deputy inspector's use of the Division's web-based applications.

G. Quality Control. The Division will evaluate the performance of each deputy inspector to assure compliance with the Division's standards for boiler and pressure vessel inspections.

1. The Division's Business Analyst will review each inspection report submitted by a deputy inspector and will report any serious errors to the Chief Boiler and Pressure Vessel Inspector ("Chief Inspector") for appropriate action.

2. Each year, the Chief Inspector will evaluate a sample of each deputy inspector's inspections performed during that year for compliance with Division standards.

3. In addition to the reviews undertaken pursuant to paragraph G.2. of this rule, the Chief Inspector will also investigate any observation or report of an inspection deficiency to determine whether the deputy inspector complied with Division standards and rules in performing and reporting the inspection.

H. Corrective Action, Revocation and Right to Hearing.

1. If the Chief Inspector concludes that a deputy inspector does not satisfy requirements of this rule for continued appointment as a deputy inspector or has performed an inspection in a manner that is inconsistent with Division standards, the Chief Inspector will submit a written report and may recommend corrective action to the Division Director.

2. Depending on the circumstances and the seriousness of the situation, corrective action may include;

a. warning letter;

b. requirements for additional training;

c. requirements for retesting;

d. request review by the National Board;

e. additional supervision; and

f. revocation of appointment as a deputy inspector.

3. The Division Director shall forward a copy of the Chief Inspector's written report and any recommendation for corrective action to the deputy inspector and the sponsoring employer. If the deputy inspector or sponsoring employer dispute the report or recommended corrective action, the Division Director shall schedule time and place to conduct a hearing on the matter, such hearing to be conducted as an informal adjudicative proceeding under the Utah Administrative Procedures Act. After conducting such hearing, the Division Director will issue a written decision setting forth the material facts and ordering appropriate corrective action, if any. The Division Director shall forward a copy of the decision to the deputy inspector, sponsoring employer, and the National Board.

4. If the deputy inspector or sponsoring employer is dissatisfied with the Division Director's decision, the inspector or sponsoring employer may seek judicial review as provided by the Utah Administrative Procedures Act.

History

• KEY: boilers, certification, safety
• Date of Last Change: December 23, 2025
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-7-101 et seq.

R616-3 Elevator Rules

Utah Admin. Code R616-3-1 Authority

This rule is established pursuant to Section 34A-7-201 for the purpose of the Labor Commission ascertaining, fixing, and enforcing reasonable standards regarding elevators for the protection of life, health, and safety of the general public and employees.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-2 Definitions

A. "ANSI" means the American National Standards Institute, Inc.

B. "ASME" means the American Society of Mechanical Engineers.

C. "Commission" means the Labor Commission created in Section 34A-1-103.

D. "Division" means the Division of Boiler, Elevator and Coal Mine Safety of the Labor Commission.

E. "Elevator" means a hoisting and lowering mechanism equipped with a car or platform and that moves in guides in a substantially vertical direction.

F. "Escalator" means a stairway, moving walkway, or runway that is power driven, continuous and used to transport one or more individuals.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-3 Safety Codes for Elevators

The following safety codes are incorporated by reference within this rule:

A. ASME A17.1-2022/CSA B44-16, Safety Code for Elevators and Escalators, and amended as follows:

1. Delete 2.2.2.5;

2. The requirements listed in section 2.27.1will be those listed in the 2016 Edition of ASME A17.1 Section 2.27.1 and not those listed in the 2022 Edition

3. Amend 8.6.5.8 as follows: Existing hydraulic cylinders installed below ground when found to be leaking shall be replaced with cylinders conforming to 3.18.3.4 or the car shall be provided with safeties conforming to 3.17.1 and guide rails, guide rail supports and fastenings conforming to 3.23.1. This code is issued every two years. New issues become mandatory only when a formal change is made to this rule. Elevators are required to comply with the A17.1 code in effect at the time of installation.

4. Delete 8.6.4.24 and 8.6.5.19.

B. ASME A17.3 - 2015 Safety Code for Existing Elevators and Escalators. This code is adopted for regulatory guidance only for elevators classified as remodeled elevators by the Division of Boiler, Elevator and Coal Mine Safety.

C. ASME A90.1-2015, Safety Standard for Belt Manlifts.

D. ANSI A10.4-2016, Safety Requirements for Personnel Hoists and Employee Elevators for Construction and Demolition Operations.

E. ICC/ANSI A117.1 (2009) Accessible and Usable Buildings and Facilities, sections 407 and 408, and 410 approved October 20, 2010.

F. ASME A18.1-2020 Safety Standard For Platform Lifts And Stairway Chairlifts.

G. ASME A17.6-2010 Standard for Elevator Suspension, Compensation, and Governor Systems.

H. The Commission may, by rule, add or delete from the applicable safety codes for any good and sufficient safety reason.

I. If incorporated safety codes are in conflict with one another, the ASME A17.1, Safety Code for Elevators and Escalators will take precedence. The exception to this is for compliance with the accessibility guidelines of Pub. L. No. 101-336 "The Americans with Disability Act of 1990". In this instance, the International Building Code standards adopted in Subsection R616-3-3(E) for accessibility as applied to elevators take precedence over ASME A17.1.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-4 Inspector Qualification

A. Any person who performs elevator safety inspections must be a State Elevator Inspector certified by the Division.

B. A State Elevator Inspector is a person who meets the following nationally recognized standards of qualifications for inspectors of elevators and escalators:

(1) Has four or more years of verifiable documented education and experience in the mechanical and/or electrical aspects of the elevator industry and is a person deemed to meet the ASME A17.1 definition of "elevator personnel";

(2) Has two or more years of college courses in an elevator industry-related engineering field; or

(3) Meets the definition of "elevator personnel" in ASME A17.1 and has documented training as one of the following:

(i) an Elevator Inspector performing inspections for an enforcing authority;

(ii) an Elevator Inspector trainee working under the direct supervision of an Elevator Inspector performing inspections for an enforcing authority;

(iii) an Elevator Inspector performing inspections and licensed by or under the jurisdiction of an enforcing authority; or

(vi) an Elevator Inspector trainee licensed by or working under the direct supervision of a licensed Elevator Inspector performing inspections and working under the jurisdiction of an enforcing authority.

C. Prior to a person becoming certified as a State Elevator Inspector, a person must pass a state-issued examination with at least a 70% score which will test the person's knowledge and understanding of the Utah Elevator and Escalator Safety Act, Utah Code Ann. 34A-7-201 et seq.; the Utah Administrative Code sections relating to elevators, R616-3 et seq.; and the national code sections adopted and incorporated by Utah in R616-3-3.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-6 Exemptions

A. These rules apply to all elevators in Utah with the following exemptions:

1. Private residence elevators installed inside a single family dwelling. Common elevators which serve multiple private residences are not exempt from these rules.

2. Elevators in buildings owned by the Federal government.

B. Owners of elevators exempted in R616-3-6.A. may request a safety inspection by Division of Boiler, Elevator and Coal Mine Safety inspectors. Code non-compliance items will be treated as recommendations by the inspector with the owner having the option as to which, if any, are corrected. Owners requesting these inspections will be invoiced at the special inspection rate. If the owner requests a State of Utah Certificate to Operate for the elevator, all of the recommendations must be completed to the satisfaction of the inspector and the owner will be invoiced the appropriate certificate fee.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-7 Inspection of Elevators, Permit to Operate, Unlawful Operations

A. It shall be the responsibility of the Division to make inspections of all elevators when deemed necessary or appropriate.

B. Elevator inspectors shall examine conditions in regards to the safety of the employees, public, machinery, drainage, methods of lighting, and into all other matters connected with the safety of persons using or in close proximity to each elevator, and when necessary give directions providing for the better health and safety of persons in or about the same. The owner/user is required to freely permit entry, inspection, examination and inquiry, and to furnish a guide when necessary.

C. If the Division finds that an elevator complies with the applicable safety codes and rules, the owner/user shall be issued a Certificate of Inspection and Permit to Operate.

1. The Certificate of Inspection and Permit to Operate is valid for 24 months.

2. The Certificate of Inspection and Permit to Operate shall be displayed in a conspicuous location for the entire validation period. If the certificate is displayed where accessible to the general public, as opposed to being in the elevator machine room, it must be protected under a transparent cover.

D. If the Division finds an elevator is not being operated in accordance with the safety codes and rules, the owner/user shall be notified in writing of all deficiencies and shall be directed to make specific improvements or changes as are necessary to bring the elevator into compliance.

E. Pursuant to Section 34A-7-204, if the improvements or changes are not made within a reasonable time, by agreement of the division and the owner, the elevator is being operated unlawfully.

F. If the owner/user refuses to allow an inspection to be made, the elevator is being operated unlawfully.

G. If the owner/user refuses to pay the required fee, the elevator is being operated unlawfully.

H. If the owner/user operates an elevator unlawfully, the Commission may order the elevator operation to cease pursuant to Section 34A-1-104.

I. If, in the judgment of an elevator inspector, the lives or safety of employees or public are, or may be, endangered should they remain in the danger area, the elevator inspector shall direct that they be immediately withdrawn from the danger area, and the elevator removed from service until repairs have been made and the elevator has been brought into compliance.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-8 Inclined Wheelchair Lift Headroom Clearance

A. Headroom clearance for inclined wheelchair lifts throughout the range of travel shall be not less than 80 inches (2032 mm) as measured vertically from the leading edge of the platform floor.

B. For existing facilities only, in the event that it is not technically or economically feasible to provide other means of access for disabled persons, inclined wheelchair lifts may be installed if all of the following conditions are met:

1. The appropriate building inspection jurisdiction approves the use of an inclined wheelchair lift for the specific application.

2. Headroom clearance throughout the range of travel shall be not less than 60 inches as measured vertically from the leading edge of the platform floor.

3. The passenger restriction sign as required by ASME A18.1 3.1.2.3 shall be amended as follows: "PHYSICALLY DISABLED PERSONS ONLY. NO FREIGHT. HEADROOM CLEARANCE IS LIMITED. USE ONLY IN THE SITTING POSITION".

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-9 Valves in Hydraulic Elevator Operating Fluid Systems

A. Due to the potential loss of pressure retaining capability when over torqued, bronze-bodied valves shall not be installed in the hydraulic systems of a hydraulic elevator.

B. This requirement is in effect for all new installations and remodel installations involving the hydraulic system.

C. If a bronze-bodied valve installed on an existing elevator begins to leak, that valve shall be replaced by a steel-bodied valve.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-10 Hydraulic Elevator Piping

A. This rule establishes minimum standards for hydraulic fluid piping in hydraulic elevators. The piping specifications referred to in this rule are governed by ASME or ASTM piping specifications (e.g. ASME Specification SA-53 Table X2.4).

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-11 Shunt Trips in Elevator Systems

A. The means (shunt trip) to automatically disconnect the main line power supply to the elevator discussed in 2.8.3.3.2 of A17.1 is not required for hydraulic elevators with a rise of 50 feet or less.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-12 Hoistway Vents

Hoistway ventilation as outlined in the International Building Code is under the jurisdiction of the local buildi ng official.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-13 Hand Line Control Elevators

A. Operation of a hand line control elevator is not permitted.

B. Owners of hand line control elevators are required to render the elevator electrically and mechanically incapable of operation.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-14 Remodeled Elevators

A. When an elevator is classified as a remodeled (modernized) elevator by the Division, the components of the elevator involved in the modernization must comply with the standards of the latest version of ASME A17.1 and ASME A17.3 in effect at the time the remodeling of the elevator commences.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-15 Fees

A. Fees to be charged as provided by Section 34A-1-106 and 63J-1-303 shall be adopted by the Labor Commission and approved by the Legislature pursuant to Section 63J-1-301(2).

B. The fee for the initial certification permit shall be invoiced to and paid by the company or firm installing the elevator.

C. The renewal certification permit shall be invoiced to and paid by the owner/user.

D. Any request for a special inspection shall be invoiced to and paid by the person/company requesting the inspection, at the hourly rate plus mileage and expenses.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-16 Notification of Installation, Revision or Remodeling

A. Before any elevator covered by this rule is installed or a major revision or remodeling begins on the elevator, the Division must be advised at least one week in advance of such installation, revision, or remodeling unless emergency dictates otherwise.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-17 Initial Agency Action

Issuance or denial of a Certificate of Inspection and Permit to Operate by the Division, and orders or directives to make changes or improvements by the elevator inspector are informal adjudicative actions commenced by the agency per Section 63G-4-201.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-18 Presiding Officer

The elevator inspector is the presiding officer referred to in Section 63G-4-201. If an informal hearing is requested pursuant to R616-3-18, the Commission shall appoint the presiding officer for that hearing.

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-19 Request for Informal Hearing

Within 30 days of issuance, any aggrieved person may request an informal hearing regarding the reasonableness of a permit issuance or denial or an order to make changes or improvements. The request for hearing shall contain all information required by Sections 63G-4-201(3)(a) and 63G-4-201(3)(b).

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

Utah Admin. Code R616-3-20 Classification of Proceeding for Purpose of Utah Administrative Procedures Act

Any hearing held pursuant to R616-3-18 shall be informal and pursuant to the procedural requirements of Section 63G-4-203 and any agency review of the order issued after the hearing shall be per Section 63G-4-302. An informal hearing may be converted to a formal hearing pursuant to Subsection 63G-4-202(3).

History

• KEY: elevators, certification, safety
• Date of Last Change: May 22, 2026
• Notice of Continuation: September 29, 2025
• Authorizing, and Implemented or Interpreted Law: 34A-1-101 et seq.

R616-4 Coal Mine Safety

Utah Admin. Code R616-4-1 Authority and Purpose

This rule is established pursuant to authority granted the Commission by 40-2-104 and 40-2-301(2) for the purpose of improving coal mine safety, preventing coal mine accidents, and improving coal mine accident response consistent with the Coal Mine Safety Act.

History

• KEY: coal mines, safety
• Date of Last Change: March 11, 2010
• Notice of Continuation: August 20, 2024
• Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)

Utah Admin. Code R616-4-2 Definitions

As used in this rule, the terms listed below shall have the same definition as set forth in the Coal Mine Safety Act, as follows.

(1) "Adverse action" means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:

(a) discharge the person;

(b) threaten the person;

(c) coerce the person;

(d) intimidate the person; or

(e) discriminate against the person, including to discriminate in:

(i) compensation;

(ii) terms;

(iii) conditions;

(iv) location;

(v) rights;

(vi) immunities;

(vii) promotions; or

(viii) privileges.

(2) "Coal mine" means:

(a) the following used in extracting coal from its natural deposits in the earth by any means or method:

(i) the land;

(ii) a structure;

(iii) a facility;

(iv) machinery;

(v) a tool;

(vi) equipment;

(vii) a shaft;

(viii) a slope;

(ix) a tunnel;

(x) an excavation; and

(xi) other property; and

(b) the work of preparing extracted coal, including a coal preparation facility.

(3) "Commission" means the Labor Commission created in 34A-1-103.

(4) "Commissioner" means the commissioner appointed under 34A-1-201.

(5) "Council" means the Mine Safety Technical Advisory Council created in 40-2-203.

(6) "Director" means the Director of the Utah Office of Coal Mine Safety appointed under 40-2-202.

(7) "Major coal mine accident" means any of the following (but not limited too) at a coal mine located in Utah:

(a) a mine explosion;

(b) a mine fire;

(c) the flooding of a mine;

(d) a mine collapse; or

(e) the accidental death of an individual at a mine.

(8) "Mine Safety and Health Administration" and "MSHA" means the federal Mine Safety and Health Administration within the United States Department of Labor.

(9) "Office" means the Utah Office of Coal Mine Safety created in 40-2-201.

(10) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.

History

• KEY: coal mines, safety
• Date of Last Change: March 11, 2010
• Notice of Continuation: August 20, 2024
• Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)

Utah Admin. Code R616-4-3 Examining Coal Mines

(1) Pursuant to 34A-1-406 and other provisions of Utah Law, representatives of the Utah Labor Commission are authorized to enter places of employment, including coal mines, for purposes of "examining the provisions made for the health and safety of the employees in the place of employment."

(2) If the Director of the Office of Coal Mine Safety determines that the safety of an employee is or will be endangered by activities or conditions in a coal mine, the Director may:

(a) notify the employee and mine management of the danger and specify actions necessary to remedy the danger;

(b) notify the Mine Safety and Health Administration of the danger;

(c) notify other appropriate federal, state, and local government agencies; and

(d) take such other action as authorized by law to eliminate or mitigate the danger.

History

• KEY: coal mines, safety
• Date of Last Change: March 11, 2010
• Notice of Continuation: August 20, 2024
• Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)

Utah Admin. Code R616-4-4 Accident Notification Requirements

(1) After the occurrence of any coal mine accident that is required by MSHA or regulations 30 CFR Part 50 to be immediately reported to MSHA, a coal mine operator shall first notify MSHA of the accident. Immediately after completing its report to MSHA, the coal mine operator shall then report the accident to the Office of Coal Mine Safety at telephone number 1- 888-988-6463.

History

• KEY: coal mines, safety
• Date of Last Change: March 11, 2010
• Notice of Continuation: August 20, 2024
• Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)

Utah Admin. Code R616-4-5 Emergency Response Training

(1) Beginning with the 2010 calendar year, each coal mine operator shall annually hold an in-person meeting with law enforcement, public safety and health care providers for the purpose of reviewing and refining coal mine emergency response plans. The Office of Coal Mine Safety shall be notified of and arrange to participate in each such meeting, but the inability of the Office or any local, state, and federal emergency response personnel to attend such a meeting shall not prevent the operator from proceeding with the meeting as scheduled.

History

• KEY: coal mines, safety
• Date of Last Change: March 11, 2010
• Notice of Continuation: August 20, 2024
• Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)