uca_title_34A.txt

Utah Code Annotated - Title 34A - Utah Labor Code
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Utah Code Annotated - Title 34A - Chapter 1 - Labor Commission Act
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Utah Code Annotated § 34A-1-101 Title.
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Utah Code Annotated § 34A-1-101(1): This title is known as the "Utah Labor Code."
Utah Code Annotated § 34A-1-101(2): This chapter is known as the "Labor Commission Act."


Utah Code Annotated § 34A-1-102 Definitions.
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Unless otherwise specified, as used in this title:Utah Code Annotated § 34A-1-102(1): "Certified mail" means a method of mailing by any carrier that is accompanied by proof of delivery.
Utah Code Annotated § 34A-1-102(2): 34A-1-103 "Commission" means the Labor Commission created in Section
Utah Code Annotated § 34A-1-102(3): 34A-1-201 "Commissioner" means the commissioner of the commission appointed under Section


Utah Code Annotated § 34A-1-103 Labor Commission -- Creation -- Seal.
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Utah Code Annotated § 34A-1-103(1): Title 34, Labor in General There is created the Labor Commission that has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in:
Utah Code Annotated § 34A-1-103(1)(a): this title; and
Utah Code Annotated § 34A-1-103(1)(b): Title 34, Labor in General unless otherwise specified,
Utah Code Annotated § 34A-1-103(2): The commission may sue and be sued.
Utah Code Annotated § 34A-1-103(3): 
Utah Code Annotated § 34A-1-103(3)(a): The commission shall have an official seal for the authentication of its orders.  A description and impression of the seal shall be filed with the Division of Archives.
Utah Code Annotated § 34A-1-103(3)(b): A court in this state shall take judicial notice of the seal of the commission.


Utah Code Annotated § 34A-1-104 Commission authority.
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Within all other authority or responsibility granted to it by law, the commission may:Utah Code Annotated § 34A-1-104(1): Title 34, Labor in General; Title 63G, Chapter 3, Utah Administrative Rulemaking Act adopt rules when authorized by this title, or
Utah Code Annotated § 34A-1-104(2): Title 63G, Chapter 4, Administrative Procedures Act conduct adjudicative proceedings in accordance with the procedures of
Utah Code Annotated § 34A-1-104(3): Title 34, Labor in General license agencies in accordance with this title or
Utah Code Annotated § 34A-1-104(4): Title 34, Labor in General employ and determine the compensation of clerical, legal, technical, investigative, and other employees necessary to carry out its policymaking, regulatory, and enforcement powers, rights, duties, and responsibilities under this title or
Utah Code Annotated § 34A-1-104(5): administer and enforce all laws for the protection of the life, health, and safety of employees;
Utah Code Annotated § 34A-1-104(6): ascertain and fix reasonable standards, and prescribe, modify, and enforce reasonable orders, for the adoption of safety devices, safeguards, and other means or methods of protection, to be as nearly uniform as possible, as necessary to carry out all laws and lawful orders relative to the protection of the life, health, and safety, of employees in employment and places of employment;
Utah Code Annotated § 34A-1-104(7): ascertain, fix, and order reasonable standards for the construction, repair, and maintenance of places of employment as shall make them safe;
Utah Code Annotated § 34A-1-104(8): Title 34, Labor in General investigate, ascertain, and determine reasonable classifications of persons, employments, and places of employment as necessary to carry out the purposes of this title or
Utah Code Annotated § 34A-1-104(9): promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees;
Utah Code Annotated § 34A-1-104(10): ascertain and adopt reasonable standards and rules, prescribe and enforce reasonable orders, and take other actions appropriate for the protection of life, health, and safety of all persons with respect to all prospects, tunnels, pits, banks, open cut workings, quarries, strip mine operations, ore mills, and surface operations or any other mining operation, whether or not the relationship of employer and employee exists, but the commission may not assume jurisdiction or authority over adopted standards and regulations or perform any mining inspection or enforcement of mining rules and regulations so long as Utah's mining operations are governed by federal regulations;
Utah Code Annotated § 34A-1-104(11): develop processes to ensure that the commission responds to the full range of employee and employer clients; and
Utah Code Annotated § 34A-1-104(12): carry out the responsibilities assigned to it by statute.


Utah Code Annotated § 34A-1-105 Commission budget -- Reports from divisions.
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Utah Code Annotated § 34A-1-105(1): The commission shall prepare and submit to the governor for inclusion in the governor's budget to be submitted to the Legislature, a budget of the commission's financial requirements needed to carry out its responsibilities as provided by law during the fiscal year following the Legislature's next annual general session.
Utah Code Annotated § 34A-1-105(2): The commissioner shall require a report from each of the divisions and offices of the commission, to aid in preparation of the commission budget.


Utah Code Annotated § 34A-1-106 Fees.
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Utah Code Annotated § 34A-1-106(1): 63J-1-504 Unless otherwise provided by statute, the commission may adopt a schedule of fees assessed for services provided by the commission by following the procedures and requirements of Section
Utah Code Annotated § 34A-1-106(2): The commission shall submit each fee established under this section to the Legislature for its approval as part of the commission's annual appropriations request.


Utah Code Annotated § 34A-1-201 Commissioner -- Appointment -- Removal -- Compensation -- Qualifications -- Responsibilities -- Reports.
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Utah Code Annotated § 34A-1-201(1): Title 67, Chapter 22, State Officer Compensation
Utah Code Annotated § 34A-1-201(1)(a): The chief administrative officer of the commission is the commissioner, who shall be appointed by the governor with the advice and consent of the Senate.
Utah Code Annotated § 34A-1-201(1)(b): The commissioner shall serve at the pleasure of the governor.
Utah Code Annotated § 34A-1-201(1)(c): Title 67, Chapter 22, State Officer Compensation The commissioner shall receive a salary established by the governor within the salary range fixed by the Legislature in
Utah Code Annotated § 34A-1-201(1)(d): The commissioner shall be experienced in administration, management, and coordination of complex organizations.
Utah Code Annotated § 34A-1-201(2): (2)(b)(ii); (2)(b)(i); (2)(b)(ii)
Utah Code Annotated § 34A-1-201(2)(a): The commissioner shall serve full-time.
Utah Code Annotated § 34A-1-201(2)(b): (2)(b)(ii); (2)(b)(i); (2)(b)(ii)
Utah Code Annotated § 34A-1-201(2)(b)(i): (2)(b)(ii) Except as provided in Subsection
Utah Code Annotated § 34A-1-201(2)(b)(i)(A): hold any other office of this state, another state, or the federal government except in an ex officio capacity; or
Utah Code Annotated § 34A-1-201(2)(b)(i)(B): serve on any committee of any political party.
Utah Code Annotated § 34A-1-201(2)(b)(ii): (2)(b)(i) Notwithstanding Subsection
Utah Code Annotated § 34A-1-201(2)(b)(ii)(A): hold a nominal position or title if it is required by law as a condition for the state participating in an appropriation or allotment of any money, property, or service that may be made or allotted for the commission; or
Utah Code Annotated § 34A-1-201(2)(b)(ii)(B): serve as the chief administrative officer of any division, office, or bureau that is established within the commission.
Utah Code Annotated § 34A-1-201(2)(b)(iii): (2)(b)(ii) If the commissioner holds a position as permitted under Subsection
Utah Code Annotated § 34A-1-201(3): Before beginning the duties as a commissioner, an appointed commissioner shall take and subscribe the constitutional oath of office and file the oath with the Division of Archives.
Utah Code Annotated § 34A-1-201(4): Title 63A, Chapter 17, Utah State Personnel Management Act; Title 34, Labor in General The commissioner shall:
Utah Code Annotated § 34A-1-201(4)(a): Title 63A, Chapter 17, Utah State Personnel Management Act administer and supervise the commission in compliance with
Utah Code Annotated § 34A-1-201(4)(b): approve the proposed budget of each division and the Appeals Board;
Utah Code Annotated § 34A-1-201(4)(c): approve all applications for federal grants or assistance in support of any commission program; and
Utah Code Annotated § 34A-1-201(4)(d): Title 34, Labor in General fulfill such other duties as assigned by the Legislature or as assigned by the governor that are not inconsistent with this title or
Utah Code Annotated § 34A-1-201(5): 
Utah Code Annotated § 34A-1-201(5)(a): The commissioner shall report annually to the Legislature and the governor concerning the operations of the commission and the programs that the commission administers.
Utah Code Annotated § 34A-1-201(5)(b): If federal law requires that a report to the governor or Legislature be given concerning the commission or a program administered by the commission, the commissioner or the commissioner's designee shall make that report.


Utah Code Annotated § 34A-1-202 Divisions and office -- Creation -- Duties --  Appeals Board, councils, and panel.
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Utah Code Annotated § 34A-1-202(1): 40-2-201 There is created within the commission the following divisions and office:
Utah Code Annotated § 34A-1-202(1)(a): the Division of Industrial Accidents that shall administer the regulatory requirements of this title concerning industrial accidents and occupational disease;
Utah Code Annotated § 34A-1-202(1)(b): the Division of Occupational Safety and Health that shall administer the regulatory requirements of Chapter 6, Utah Occupational Safety and Health Act;
Utah Code Annotated § 34A-1-202(1)(c): the Division of Boiler and Elevator Safety that shall administer the regulatory requirements of Chapter 7, Safety;
Utah Code Annotated § 34A-1-202(1)(d): the Division of Antidiscrimination and Labor that shall administer the regulatory requirements of:
Utah Code Annotated § 34A-1-202(1)(d)(i): Title 34, Labor in General, when specified by statute;
Utah Code Annotated § 34A-1-202(1)(d)(ii): Chapter 5, Utah Antidiscrimination Act;
Utah Code Annotated § 34A-1-202(1)(d)(iii): this title, when specified by statute; and
Utah Code Annotated § 34A-1-202(1)(d)(iv): Title 57, Chapter 21, Utah Fair Housing Act;
Utah Code Annotated § 34A-1-202(1)(e): the Division of Adjudication that shall adjudicate claims or actions brought under this title; and
Utah Code Annotated § 34A-1-202(1)(f): 40-2-201 the Utah Office of Coal Mine Safety created in Section
Utah Code Annotated § 34A-1-202(2): 34A-1-205; 34A-2-107; 40-2-203; 40-2-204 In addition to the divisions created under this section, within the commission are the following:
Utah Code Annotated § 34A-1-202(2)(a): 34A-1-205 the Appeals Board created in Section
Utah Code Annotated § 34A-1-202(2)(b): 34A-2-107; 40-2-203; 40-2-204 the following program advisory councils:
Utah Code Annotated § 34A-1-202(2)(b)(i): 34A-2-107 the workers' compensation advisory council created in Section
Utah Code Annotated § 34A-1-202(2)(b)(ii): 40-2-203 the Mine Safety Technical Advisory Council created in Section
Utah Code Annotated § 34A-1-202(2)(b)(iii): 40-2-204 the Coal Miner Certification Panel created in Section
Utah Code Annotated § 34A-1-202(3): In addition to the responsibilities described in this section, the commissioner may assign to a division a responsibility granted to the commission by law.


Utah Code Annotated § 34A-1-203 Commissioner -- Jurisdiction over division directors -- Authority.
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Utah Code Annotated § 34A-1-203(1): The commissioner has administrative jurisdiction over each division.
Utah Code Annotated § 34A-1-203(2): To effectuate greater efficiency and economy in the operations of the commission, the commissioner may:
Utah Code Annotated § 34A-1-203(2)(a): make changes in personnel and service functions in the divisions under the commissioner's administrative jurisdiction; and
Utah Code Annotated § 34A-1-203(2)(b): authorize designees to perform appropriate responsibilities.
Utah Code Annotated § 34A-1-203(3): To facilitate management of the commission, the commissioner may establish offices necessary to implement this title or to perform functions such as budgeting, planning, data processing, and personnel administration.


Utah Code Annotated § 34A-1-204 Division directors -- Appointment -- Compensation -- Qualifications.
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Utah Code Annotated § 34A-1-204(1): The chief officer of each division within the commission shall be a director, who shall serve as the executive and administrative head of the division.
Utah Code Annotated § 34A-1-204(2): A director shall be appointed by the commissioner with the concurrence of the governor and may be removed from that position at the will of the commissioner.
Utah Code Annotated § 34A-1-204(3): Title 63A, Chapter 17, Utah State Personnel Management Act A director of a division shall receive compensation as provided by
Utah Code Annotated § 34A-1-204(4): (4)(a)
Utah Code Annotated § 34A-1-204(4)(a): A director of a division shall be experienced in administration and possess such additional qualifications as determined by the commissioner.
Utah Code Annotated § 34A-1-204(4)(b): (4)(a) In addition to the requirements imposed under Subsection


Utah Code Annotated § 34A-1-205 Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications.
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Utah Code Annotated § 34A-1-205(1): 
Utah Code Annotated § 34A-1-205(1)(a): There is created the Appeals Board within the commission consisting of three members.
Utah Code Annotated § 34A-1-205(1)(b): The board may call and preside at adjudicative proceedings to review an order or decision that is subject to review by the Appeals Board under this title.
Utah Code Annotated § 34A-1-205(2): 
Utah Code Annotated § 34A-1-205(2)(a): With the advice and consent of the Senate and in accordance with this section, the governor shall appoint:
Utah Code Annotated § 34A-1-205(2)(a)(i): one member of the board to represent employers; and
Utah Code Annotated § 34A-1-205(2)(a)(ii): one member of the board to represent employees.
Utah Code Annotated § 34A-1-205(2)(b): With the advice and consent of the Senate and in accordance with this section, the governor may appoint:
Utah Code Annotated § 34A-1-205(2)(b)(i): one alternate member of the board to represent employers in the event that the member representing employers is unavailable; or
Utah Code Annotated § 34A-1-205(2)(b)(ii): one alternate member of the board to represent employees in the event that the member representing employees is unavailable.
Utah Code Annotated § 34A-1-205(2)(c): In making the appointments described in this subsection, the governor shall:
Utah Code Annotated § 34A-1-205(2)(c)(i): when appointing a member or alternate member to represent employers, consider nominations from employer organizations;
Utah Code Annotated § 34A-1-205(2)(c)(ii): when appointing a member or alternate member to represent employees, consider nominations from employee organizations;
Utah Code Annotated § 34A-1-205(2)(c)(iii): ensure that no more than two members belong to the same political party; and
Utah Code Annotated § 34A-1-205(2)(c)(iv): ensure that an alternate member belongs to the same political party as the member for whom the alternate stands in.
Utah Code Annotated § 34A-1-205(2)(d): The governor shall, at the time of appointment or reappointment, make appointments to the board so that at least two of the members of the board are members of the Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
Utah Code Annotated § 34A-1-205(3): 
Utah Code Annotated § 34A-1-205(3)(a): The term of a member and an alternate member shall be six years beginning on March 1 of the year the member or alternate member is appointed, except that the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members and alternate members are staggered so that one member and alternate member is appointed every two years.
Utah Code Annotated § 34A-1-205(3)(b): The governor may remove a member or alternate member only for inefficiency, neglect of duty, malfeasance or misfeasance in office, or other good and sufficient cause.
Utah Code Annotated § 34A-1-205(3)(c): A member or alternate member shall hold office until a successor is appointed and has qualified.
Utah Code Annotated § 34A-1-205(4): Title 63A, Chapter 17, Utah State Personnel Management Act A member and alternate member shall be part-time and receive compensation as provided by
Utah Code Annotated § 34A-1-205(5): 
Utah Code Annotated § 34A-1-205(5)(a): The chief officer of the board shall be the chair, who shall serve as the executive and administrative head of the board.
Utah Code Annotated § 34A-1-205(5)(b): The governor shall appoint and may remove at will the chair from the position of chair.
Utah Code Annotated § 34A-1-205(6): A majority of the board shall constitute a quorum to transact business.
Utah Code Annotated § 34A-1-205(7): (7)(b)
Utah Code Annotated § 34A-1-205(7)(a): (7)(b) The commission shall provide the Appeals Board necessary staff support, except as provided in Subsection
Utah Code Annotated § 34A-1-205(7)(b): At the request of the Appeals Board, the attorney general shall act as an impartial aid to the Appeals Board in outlining the facts and the issues.


Utah Code Annotated § 34A-1-301 Commission jurisdiction and power.
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The commission has the duty and the full power, jurisdiction, and authority to determine the facts and apply the law in this chapter or any other title or chapter it administers.

Utah Code Annotated § 34A-1-302 Presiding officers for adjudicative proceedings -- Subpoenas -- Independent judgment -- Consolidation -- Record -- Notice of order.
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Utah Code Annotated § 34A-1-302(1): 78B-6-313
Utah Code Annotated § 34A-1-302(1)(a): The commissioner shall authorize the Division of Adjudication to call, assign a presiding officer, and conduct hearings and adjudicative proceedings when an application for a proceeding is filed with the Division of Adjudication under this title.
Utah Code Annotated § 34A-1-302(1)(b): 78B-6-313 The director of the Division of Adjudication or the director's designee may issue subpoenas.  Failure to respond to a properly issued subpoena may result in a contempt citation and offenders may be punished as provided in Section
Utah Code Annotated § 34A-1-302(1)(c): Witnesses subpoenaed under this section are allowed fees as provided by law for witnesses in the district court of the state.  The witness fees shall be paid by the state unless the witness is subpoenaed at the instance of a party other than the commission.
Utah Code Annotated § 34A-1-302(1)(d): A presiding officer assigned under this section may not participate in any case in which the presiding officer is an interested party.  Each decision of a presiding officer shall represent the presiding officer's independent judgment.
Utah Code Annotated § 34A-1-302(2): If, in the judgment of the presiding officer having jurisdiction of the proceeding the consolidation would not be prejudicial to any party, when the same or substantially similar evidence is relevant and material to the matters in issue in more than one proceeding, the presiding officer may:
Utah Code Annotated § 34A-1-302(2)(a): fix the same time and place for considering each matter;
Utah Code Annotated § 34A-1-302(2)(b): jointly conduct hearings;
Utah Code Annotated § 34A-1-302(2)(c): make a single record of the proceedings; and
Utah Code Annotated § 34A-1-302(2)(d): consider evidence introduced with respect to one proceeding as introduced in the others.
Utah Code Annotated § 34A-1-302(3): 
Utah Code Annotated § 34A-1-302(3)(a): The commission shall keep a full and complete record of all adjudicative proceedings in connection with a disputed matter.
Utah Code Annotated § 34A-1-302(3)(b): All testimony at any hearing shall be recorded but need not be transcribed.  If a party requests transcription, the transcription shall be provided at the party's expense.
Utah Code Annotated § 34A-1-302(3)(c): All records on appeals shall be maintained by the Division of Adjudication.  The records shall include an appeal docket showing the receipt and disposition of the appeals.
Utah Code Annotated § 34A-1-302(4): A party in interest shall be given notice of the entry of a presiding officer's order or any order or award of the commission.  The mailing of the copy of the order or award to the last-known address in the files of the commission of a party in interest and to the attorneys or agents of record in the case, if any, is considered to be notice of the order.
Utah Code Annotated § 34A-1-302(5): 63G-4-206 In any formal adjudicative proceeding, the presiding officer may take any action permitted under Section


Utah Code Annotated § 34A-1-303 Review of administrative decision.
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Utah Code Annotated § 34A-1-303(1): A decision entered by an administrative law judge under this title is the final order of the commission unless a further appeal is initiated:
Utah Code Annotated § 34A-1-303(1)(a): under this title; and
Utah Code Annotated § 34A-1-303(1)(b): in accordance with the rules of the commission governing the review.
Utah Code Annotated § 34A-1-303(2): (3); Title 63G, Chapter 4, Administrative Procedures Act; (2)(b)(iii); Title 63G, Chapter 4, Administrative Procedures Act; 34A-2-413; (3); 34A-1-205; Title 63G, Chapter 4, Administrative Procedures Act; (2)(c)(iii); Title 63G, Chapter 4, Administrative Procedures Act; 34A-2-413
Utah Code Annotated § 34A-1-303(2)(a): Unless otherwise provided, a person who is entitled to appeal a decision of an administrative law judge under this title may appeal the decision by filing a motion for review with the Division of Adjudication.
Utah Code Annotated § 34A-1-303(2)(b): (3); Title 63G, Chapter 4, Administrative Procedures Act; (2)(b)(iii); Title 63G, Chapter 4, Administrative Procedures Act; 34A-2-413
Utah Code Annotated § 34A-1-303(2)(b)(i): (3); Title 63G, Chapter 4, Administrative Procedures Act Unless a party in interest to the appeal requests in accordance with Subsection
Utah Code Annotated § 34A-1-303(2)(b)(ii): (2)(b)(iii); Title 63G, Chapter 4, Administrative Procedures Act Subject to Subsection
Utah Code Annotated § 34A-1-303(2)(b)(iii): 34A-2-413 In the case of an award of permanent total disability benefits under Section
Utah Code Annotated § 34A-1-303(2)(c): (3); 34A-1-205; Title 63G, Chapter 4, Administrative Procedures Act; (2)(c)(iii); Title 63G, Chapter 4, Administrative Procedures Act; 34A-2-413
Utah Code Annotated § 34A-1-303(2)(c)(i): (3); 34A-1-205; Title 63G, Chapter 4, Administrative Procedures Act If in accordance with Subsection
Utah Code Annotated § 34A-1-303(2)(c)(i)(A): 34A-1-205 Section
Utah Code Annotated § 34A-1-303(2)(c)(i)(B): Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 34A-1-303(2)(c)(ii): (2)(c)(iii); Title 63G, Chapter 4, Administrative Procedures Act Subject to Subsection
Utah Code Annotated § 34A-1-303(2)(c)(iii): 34A-2-413 In the case of an award of permanent total disability benefits under Section
Utah Code Annotated § 34A-1-303(2)(d): The commissioner may transfer a motion for review to the Appeals Board for decision if the commissioner determines that the commissioner's ability to impartially decide the motion for review might reasonably be questioned.
Utah Code Annotated § 34A-1-303(3): A party in interest may request that an appeal be heard by the Appeals Board by filing the request with the Division of Adjudication:
Utah Code Annotated § 34A-1-303(3)(a): as part of the motion for review; or
Utah Code Annotated § 34A-1-303(3)(b): if requested by a party in interest who did not file a motion for review, within 20 days of the date the motion for review is filed with the Division of Adjudication.
Utah Code Annotated § 34A-1-303(4): 
Utah Code Annotated § 34A-1-303(4)(a): On appeal, the commissioner or the Appeals Board may:
Utah Code Annotated § 34A-1-303(4)(a)(i): affirm the decision of an administrative law judge;
Utah Code Annotated § 34A-1-303(4)(a)(ii): modify the decision of an administrative law judge;
Utah Code Annotated § 34A-1-303(4)(a)(iii): return the case to an administrative law judge for further action as directed; or
Utah Code Annotated § 34A-1-303(4)(a)(iv): reverse the findings, conclusions, and decision of an administrative law judge.
Utah Code Annotated § 34A-1-303(4)(b): The commissioner or Appeals Board may not conduct a trial de novo of the case.
Utah Code Annotated § 34A-1-303(4)(c): The commissioner or Appeals Board may base its decision on:
Utah Code Annotated § 34A-1-303(4)(c)(i): the evidence previously submitted in the case; or
Utah Code Annotated § 34A-1-303(4)(c)(ii): on written argument or written supplemental evidence requested by the commissioner or Appeals Board.
Utah Code Annotated § 34A-1-303(4)(d): The commissioner or Appeals Board may permit the parties to:
Utah Code Annotated § 34A-1-303(4)(d)(i): file briefs or other papers; or
Utah Code Annotated § 34A-1-303(4)(d)(ii): conduct oral argument.
Utah Code Annotated § 34A-1-303(4)(e): The commissioner or Appeals Board shall promptly notify the parties to any proceedings before the commissioner or Appeals Board of its decision, including its findings and conclusions.
Utah Code Annotated § 34A-1-303(5): (5)(b); (5)(c)(i); (ii)
Utah Code Annotated § 34A-1-303(5)(a): Each decision of a member of the Appeals Board shall represent the member's independent judgment.
Utah Code Annotated § 34A-1-303(5)(b): A member of the Appeals Board may not participate in any case in which the member is an interested party.
Utah Code Annotated § 34A-1-303(5)(c): (5)(b) If a member of the Appeals Board may not participate in a case because the member is an interested party, the two members of the Appeals Board that may hear the case shall assign an individual to participate as a member of the board in that case if the individual:
Utah Code Annotated § 34A-1-303(5)(c)(i): is not an interested party in the case;
Utah Code Annotated § 34A-1-303(5)(c)(ii): was not previously assigned to:
Utah Code Annotated § 34A-1-303(5)(c)(ii)(A): preside over any proceeding related to the case; or
Utah Code Annotated § 34A-1-303(5)(c)(ii)(B): take any administrative action related to the case; and
Utah Code Annotated § 34A-1-303(5)(c)(iii): (5)(b) is representative of the following group that was represented by the member that may not hear the case under Subsection
Utah Code Annotated § 34A-1-303(5)(c)(iii)(A): employers;
Utah Code Annotated § 34A-1-303(5)(c)(iii)(B): employees; or
Utah Code Annotated § 34A-1-303(5)(c)(iii)(C): the public.
Utah Code Annotated § 34A-1-303(5)(d): (5)(c)(i); (ii) The two members of the Appeals Board may appoint an individual to participate as a member of the Appeals Board in a case if:
Utah Code Annotated § 34A-1-303(5)(d)(i): there is a vacancy on the board at the time the Appeals Board hears the review of the case;
Utah Code Annotated § 34A-1-303(5)(d)(ii): (5)(c)(i); (ii) the individual appointed meets the conditions described in Subsections
Utah Code Annotated § 34A-1-303(5)(d)(iii): the individual appointed is representative of the following group that was represented by the member for which there is a vacancy:
Utah Code Annotated § 34A-1-303(5)(d)(iii)(A): employers;
Utah Code Annotated § 34A-1-303(5)(d)(iii)(B): employees; or
Utah Code Annotated § 34A-1-303(5)(d)(iii)(C): the public.
Utah Code Annotated § 34A-1-303(6): If an order is appealed to the court of appeals after the party appealing the order has exhausted all administrative appeals, the court of appeals has jurisdiction to:
Utah Code Annotated § 34A-1-303(6)(a): review, reverse, remand, or annul any order of the commissioner or Appeals Board; or
Utah Code Annotated § 34A-1-303(6)(b): suspend or delay the operation or execution of the order of the commissioner or Appeals Board being appealed.


Utah Code Annotated § 34A-1-304 Definitions -- Rulemaking -- Electronic or similar methods of proceedings.
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Utah Code Annotated § 34A-1-304(1): Title 34, Labor in General; Title 40, Chapter 2, Coal Mine Safety Act; Title 57, Chapter 21, Utah Fair Housing Act For purposes of this section:
Utah Code Annotated § 34A-1-304(1)(a): "Deliver" means to serve, file, or otherwise provide a document.
Utah Code Annotated § 34A-1-304(1)(b): "Document" includes a notice, order, decision, or other document that is required or permitted by a relevant statute.
Utah Code Annotated § 34A-1-304(1)(c): Title 34, Labor in General; Title 40, Chapter 2, Coal Mine Safety Act; Title 57, Chapter 21, Utah Fair Housing Act "Relevant statute" means a provision of:
Utah Code Annotated § 34A-1-304(1)(c)(i): this title;
Utah Code Annotated § 34A-1-304(1)(c)(ii): Title 34, Labor in General
Utah Code Annotated § 34A-1-304(1)(c)(iii): Title 40, Chapter 2, Coal Mine Safety Act
Utah Code Annotated § 34A-1-304(1)(c)(iv): Title 57, Chapter 21, Utah Fair Housing Act
Utah Code Annotated § 34A-1-304(2): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Title 63G, Chapter 4, Administrative Procedures Act
Utah Code Annotated § 34A-1-304(2)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 34A-1-304(2)(b): Title 63G, Chapter 4, Administrative Procedures Act Except as provided in this title and
Utah Code Annotated § 34A-1-304(3): The rules made under this section shall protect the rights of the parties and include procedures to:
Utah Code Annotated § 34A-1-304(3)(a): dispose of a case informally or expedite claims adjudication;
Utah Code Annotated § 34A-1-304(3)(b): narrow issues; and
Utah Code Annotated § 34A-1-304(3)(c): simplify the methods of proof at a hearing.
Utah Code Annotated § 34A-1-304(4): The commission may by rule permit a hearing or other adjudicative proceeding to be conducted, recorded, or published by an electronic means or similar method.
Utah Code Annotated § 34A-1-304(5): Title 63G, Chapter 3, Utah Administrative Rulemaking Act Notwithstanding whether a relevant statute requires that a document be delivered by mail or otherwise, the commission may by rule, made in accordance with


Utah Code Annotated § 34A-1-305 Orders of commission -- Presumed lawful.
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All orders of the commission within its jurisdiction shall be presumed reasonable and lawful until they are found otherwise in an action brought for that purpose, or until altered or revoked by the commission.

Utah Code Annotated § 34A-1-306 Orders not to be set aside on technicalities.
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A substantial compliance with the requirements of this chapter shall be sufficient to give effect to the orders of the commission, and they may not be declared inoperative, illegal, or void for any omission of a technical nature.

Utah Code Annotated § 34A-1-307 Action permitted in adjudicative proceedings.
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For the purposes mentioned in this title, the commission may take any action permitted:Utah Code Annotated § 34A-1-307(1): 63G-4-205; 63G-4-206 if a formal adjudicative proceeding, under Section
Utah Code Annotated § 34A-1-307(2): 63G-4-203 if an informal adjudicative proceeding, under Section


Utah Code Annotated § 34A-1-308 Depositions.
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The commission or any party may in any investigation cause depositions of witnesses residing within or without the state to be taken as in civil actions.

Utah Code Annotated § 34A-1-309 Add-on fees.
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Utah Code Annotated § 34A-1-309(1): 34A-2-201.5 As used in this section:
Utah Code Annotated § 34A-1-309(1)(a): 34A-2-201.5 "Carrier" means:
Utah Code Annotated § 34A-1-309(1)(a)(i): a workers' compensation insurance carrier;
Utah Code Annotated § 34A-1-309(1)(a)(ii): the Uninsured Employers' Fund, an employer that does not carry workers' compensation insurance; or
Utah Code Annotated § 34A-1-309(1)(a)(iii): 34A-2-201.5 a self-insured employer as defined in Section
Utah Code Annotated § 34A-1-309(1)(b): "Indemnity compensation" means a workers' compensation claim for indemnity benefits that arises from or may arise from a denial of a medical claim.
Utah Code Annotated § 34A-1-309(1)(c): "Medical claim" means a workers' compensation claim for medical expenses or recommended medical care.
Utah Code Annotated § 34A-1-309(1)(d): "Unconditional denial" means a carrier's denial of a medical claim:
Utah Code Annotated § 34A-1-309(1)(d)(i): after the carrier completes an investigation; or
Utah Code Annotated § 34A-1-309(1)(d)(ii): 90 days after the day on which the claim was submitted to the carrier.
Utah Code Annotated § 34A-1-309(2): 34A-2-407(9); 34A-2-407(9)
Utah Code Annotated § 34A-1-309(2)(a): The commission may award an add-on fee to a claimant to be paid by the carrier if:
Utah Code Annotated § 34A-1-309(2)(a)(i): a medical claim is at issue;
Utah Code Annotated § 34A-1-309(2)(a)(ii): the carrier issues an unconditional denial of the medical claim;
Utah Code Annotated § 34A-1-309(2)(a)(iii): the claimant hires an attorney to represent the claimant during the formal adjudicative process before the commission;
Utah Code Annotated § 34A-1-309(2)(a)(iv): after the carrier issues the unconditional denial, the commission orders the carrier or the carrier agrees to pay the medical claim; and
Utah Code Annotated § 34A-1-309(2)(a)(v): any award of indemnity compensation in the case is less than $5,000.
Utah Code Annotated § 34A-1-309(2)(b): An award of an add-on fee under this section is in addition to:
Utah Code Annotated § 34A-1-309(2)(b)(i): the amount awarded for the medical claim or indemnity compensation; and
Utah Code Annotated § 34A-1-309(2)(b)(ii): any amount for attorney fees agreed upon between the claimant and the claimant's attorney.
Utah Code Annotated § 34A-1-309(2)(c): An award under this section is governed by the law in effect at the time the claimant files an application for hearing with the Division of Adjudication.
Utah Code Annotated § 34A-1-309(2)(d): 34A-2-407(9); 34A-2-407(9)
Utah Code Annotated § 34A-1-309(2)(d)(i): 34A-2-407(9) Medical expenses awarded as part of a medical claim under this section shall be calculated in accordance with the amount the carrier is required to pay under the rules established by the commission under Subsection
Utah Code Annotated § 34A-1-309(2)(d)(ii): 34A-2-407(9) If the medical expenses awarded under this section are not set forth in the rules described in Subsection
Utah Code Annotated § 34A-1-309(3): If the commission awards an add-on fee under this section, the commission shall award the add-on fee in the following amount:
Utah Code Annotated § 34A-1-309(3)(a): the lesser of 25% of the medical expenses the commission awards to the claimant or $25,000, for a case that is resolved at the commission level;
Utah Code Annotated § 34A-1-309(3)(b): the lesser of 30% of the medical expenses the Utah Court of Appeals awards to the claimant or $30,000, for a case that is resolved on appeal before the Utah Court of Appeals; or
Utah Code Annotated § 34A-1-309(3)(c): the lesser of 35% of the medical expenses that the Utah Supreme Court awards to the claimant or $35,000, for a case that is resolved on appeal before the Utah Supreme Court.
Utah Code Annotated § 34A-1-309(4): If a court invalidates any portion of this section, the entire section is invalid.


Utah Code Annotated § 34A-1-310 Record of proceedings before commission.
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A record shall be kept of all proceedings before the commission on any investigation in accordance with Section

Utah Code Annotated § 34A-1-401 Attorney general and county attorneys -- Duties.
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If requested by the commission, the attorney general or any county or district attorney shall:Utah Code Annotated § 34A-1-401(1): institute and prosecute the necessary actions or proceedings for the enforcement of any order of the commission or of any of the provisions of this title; or
Utah Code Annotated § 34A-1-401(2): defend any suit, action, or proceeding brought against the commission.


Utah Code Annotated § 34A-1-402 Publication of orders, rules, and rates.
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Utah Code Annotated § 34A-1-402(1): (1)
Utah Code Annotated § 34A-1-402(1)(a): The commission shall make available in proper form for distribution to the public, its orders and rules; and
Utah Code Annotated § 34A-1-402(1)(b): (1) furnish the information made available under Subsection
Utah Code Annotated § 34A-1-402(2): 63G-2-203 The commission may in accordance with Section


Utah Code Annotated § 34A-1-403 Judgments in favor of commission -- Preference.
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All judgments obtained in any action prosecuted by the commission or the state under this title shall have the same preference against the assets of the employer as claims for taxes.

Utah Code Annotated § 34A-1-404 Injunction prohibited.
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Utah Code Annotated § 34A-1-404(1): An injunction may not be issued suspending or restraining:
Utah Code Annotated § 34A-1-404(1)(a): any order by the commission or decision under this title; or
Utah Code Annotated § 34A-1-404(1)(b): any action of the state auditor, state treasurer, attorney general, or the auditor or treasurer of any county, required to be taken by them or any of them by this title.
Utah Code Annotated § 34A-1-404(2): (1) Notwithstanding Subsection
Utah Code Annotated § 34A-1-404(2)(a): any right or defense in any action brought by the commission or the state in pursuance of authority contained in this title; or
Utah Code Annotated § 34A-1-404(2)(b): the right any party of interest has to appeal a decision or final order of the commission.


Utah Code Annotated § 34A-1-405 Employer's records subject to examination -- Penalty.
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Utah Code Annotated § 34A-1-405(1): A book, record, or payroll of an employer showing, or reflecting in any way upon the amount of the employer's wage expenditure shall always be open for inspection by the commission, or any of the commission's auditors, inspectors, or assistants, for the purpose of ascertaining:
Utah Code Annotated § 34A-1-405(1)(a): the correctness of the wage expenditure;
Utah Code Annotated § 34A-1-405(1)(b): the number of individuals employed; and
Utah Code Annotated § 34A-1-405(1)(c): other information as may be necessary for the uses and purposes of the commission in its administration of the law.
Utah Code Annotated § 34A-1-405(2): 34A-2-704; 34A-2-704; 34A-2-704
Utah Code Annotated § 34A-1-405(2)(a): If an employer refuses to submit a book, record, or payroll for inspection, after being presented with written authority from the commission, the employer is liable for a penalty of $100 for each offense.
Utah Code Annotated § 34A-1-405(2)(b): 34A-2-704; 34A-2-704; 34A-2-704 A penalty imposed under this section shall be:
Utah Code Annotated § 34A-1-405(2)(b)(i): ordered under a civil action;
Utah Code Annotated § 34A-1-405(2)(b)(ii): 34A-2-704; 34A-2-704 deposited into the Uninsured Employers' Fund created in Section
Utah Code Annotated § 34A-1-405(2)(b)(iii): 34A-2-704 collected by the administrator of the Uninsured Employers' Fund in accordance with Section


Utah Code Annotated § 34A-1-406 Right of visitation.
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Utah Code Annotated § 34A-1-406(1): The commissioner or the commissioner's designee may:
Utah Code Annotated § 34A-1-406(1)(a): enter any place of employment for the purpose of:
Utah Code Annotated § 34A-1-406(1)(a)(i): collecting facts and statistics; or
Utah Code Annotated § 34A-1-406(1)(a)(ii): examining the provisions made for the health and safety of the employees in the place of employment; and
Utah Code Annotated § 34A-1-406(1)(b): bring to the attention of every employer any law, or any final order or rule of the commission, and any failure on the part of the employer to comply with the law, rule, or final order.
Utah Code Annotated § 34A-1-406(2): An employer may not refuse to admit the commissioner or the commissioner's designee to the employer's place of employment.


Utah Code Annotated § 34A-1-407 Investigation of places of employment -- Violations of rules or orders -- Temporary injunction.
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Utah Code Annotated § 34A-1-407(1): 
Utah Code Annotated § 34A-1-407(1)(a): Upon complaint by any person that any employment or place of employment, regardless of the number of persons employed, is not safe for any employee or is in violation of state law, the commission shall refer the complaint for investigation and administrative action under:
Utah Code Annotated § 34A-1-407(1)(a)(i): Chapter 2, Workers' Compensation Act;
Utah Code Annotated § 34A-1-407(1)(a)(ii): Chapter 3, Utah Occupational Disease Act;
Utah Code Annotated § 34A-1-407(1)(a)(iii): Chapter 5, Utah Antidiscrimination Act;
Utah Code Annotated § 34A-1-407(1)(a)(iv): Chapter 6, Utah Occupational Safety and Health Act;
Utah Code Annotated § 34A-1-407(1)(a)(v): Chapter 7, Safety; or
Utah Code Annotated § 34A-1-407(1)(a)(vi): any combination of Subsections (1)(a)(i) through (v).
Utah Code Annotated § 34A-1-407(1)(b): Notwithstanding Subsection (1)(a) and Title 40, Chapter 2, Coal Mine Safety Act, for any Utah mine subject to the Federal Mine Safety and Health Act, the sole duty of the commission is to notify the appropriate federal agency of the complaint.
Utah Code Annotated § 34A-1-407(2): Notwithstanding any other penalty provided in this title, if any employer, after receiving notice, fails or refuses to obey the rules or order of the commission relative to the protection of the life, health, or safety of any employee, a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, is empowered, upon petition of the commission to issue, ex parte and without bond, a temporary injunction restraining the further operation of the employer's business.


Utah Code Annotated § 34A-1-408 Investigations through representatives.
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Utah Code Annotated § 34A-1-408(1): For the purpose of making any investigation necessary for the implementation of this title with regard to any employment or place of employment, the commission may appoint, in writing, any competent person who is a resident of the state, as an agent, whose duties shall be prescribed in the written appointment.
Utah Code Annotated § 34A-1-408(2): In the discharge of the agent's duties, the agent shall have:
Utah Code Annotated § 34A-1-408(2)(a): every power of investigation granted in this title to the commission; and
Utah Code Annotated § 34A-1-408(2)(b): the same powers as a referee appointed by a district court with regard to taking evidence.
Utah Code Annotated § 34A-1-408(3): The commission may:
Utah Code Annotated § 34A-1-408(3)(a): conduct any number of the investigations contemporaneously through different agents; and
Utah Code Annotated § 34A-1-408(3)(b): delegate to the agents the taking of evidence bearing upon any investigation or hearing.
Utah Code Annotated § 34A-1-408(4): The recommendations made by the agents shall be advisory only and do not preclude the taking of further evidence or further investigation if the commission so orders.


Utah Code Annotated § 34A-1-409 Partial invalidity -- Saving clause.
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Should any section or provision of this title be decided by the courts to be unconstitutional or invalid the same does not affect the validity of the title as a whole or any part of the title other than the part so decided to be unconstitutional.

Utah Code Annotated - Title 34A - Chapter 2 - Workers' Compensation Act
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Utah Code Annotated § 34A-2-101 Title.
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This chapter shall be known as the "Workers' Compensation Act."

Utah Code Annotated § 34A-2-102 Definition of terms.
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Utah Code Annotated § 34A-2-102(1): 34A-2-409; Chapter 3, Utah Occupational Disease Act; 34A-2-801; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 53-13-103; 53-2e-101; 53-2e-101; 53-2e-101; 34A-3-113; 53-6-102; 53-13-104 As used in this chapter:
Utah Code Annotated § 34A-2-102(1)(a): 34A-2-409 "Average weekly wages" means the average weekly wages as determined under Section
Utah Code Annotated § 34A-2-102(1)(b): "Award" means a final order of the commission as to the amount of compensation due:
Utah Code Annotated § 34A-2-102(1)(b)(i): an injured employee; or
Utah Code Annotated § 34A-2-102(1)(b)(ii): a dependent of a deceased employee.
Utah Code Annotated § 34A-2-102(1)(c): Chapter 3, Utah Occupational Disease Act "Compensation" means the payments and benefits provided for in this chapter or
Utah Code Annotated § 34A-2-102(1)(d): 34A-2-801; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-102(1)(d)(i): 34A-2-801 "Decision" means a ruling of:
Utah Code Annotated § 34A-2-102(1)(d)(i)(A): an administrative law judge; or
Utah Code Annotated § 34A-2-102(1)(d)(i)(B): 34A-2-801 in accordance with Section
Utah Code Annotated § 34A-2-102(1)(d)(i)(B)(I): the commissioner; or
Utah Code Annotated § 34A-2-102(1)(d)(i)(B)(II): the Appeals Board.
Utah Code Annotated § 34A-2-102(1)(d)(ii): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act "Decision" includes:
Utah Code Annotated § 34A-2-102(1)(d)(ii)(A): Chapter 3, Utah Occupational Disease Act an award or denial of a medical, disability, death, or other related benefit under this chapter or
Utah Code Annotated § 34A-2-102(1)(d)(ii)(B): Chapter 3, Utah Occupational Disease Act another adjudicative ruling in accordance with this chapter or
Utah Code Annotated § 34A-2-102(1)(e): "Director" means the director of the division, unless the context requires otherwise.
Utah Code Annotated § 34A-2-102(1)(f): "Disability" means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function.  Disability can be total or partial, temporary or permanent, industrial or nonindustrial.
Utah Code Annotated § 34A-2-102(1)(g): "Division" means the Division of Industrial Accidents.
Utah Code Annotated § 34A-2-102(1)(h): 53-13-103; 53-2e-101; 53-2e-101; 53-2e-101; 34A-3-113; 53-6-102; 53-13-104 "First responder" means:
Utah Code Annotated § 34A-2-102(1)(h)(i): 53-13-103 a law enforcement officer, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(ii): 53-2e-101 an emergency medical technician, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(iii): 53-2e-101 an advanced emergency medical technician, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(iv): 53-2e-101 a paramedic, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(v): 34A-3-113 a firefighter, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(vi): 53-6-102 a dispatcher, as defined in Section
Utah Code Annotated § 34A-2-102(1)(h)(vii): 53-13-104 a correctional officer, as defined in Section
Utah Code Annotated § 34A-2-102(1)(i): "Impairment" is a purely medical condition reflecting an anatomical or functional abnormality or loss.  Impairment may be either temporary or permanent, industrial or nonindustrial.
Utah Code Annotated § 34A-2-102(1)(j): "Order" means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons.
Utah Code Annotated § 34A-2-102(1)(k): 
Utah Code Annotated § 34A-2-102(1)(k)(i): "Personal injury by accident arising out of and in the course of employment" includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment.
Utah Code Annotated § 34A-2-102(1)(k)(ii): "Personal injury by accident arising out of and in the course of employment" does not include a disease, except as the disease results from the injury.
Utah Code Annotated § 34A-2-102(1)(l): "Safe" and "safety," as applied to employment or a place of employment, means the freedom from danger to the life or health of employees reasonably permitted by the nature of the employment.
Utah Code Annotated § 34A-2-102(2): Chapter 3, Utah Occupational Disease Act As used in this chapter and
Utah Code Annotated § 34A-2-102(2)(a): "Brother or sister" includes a half brother or sister.
Utah Code Annotated § 34A-2-102(2)(b): "Child" includes:
Utah Code Annotated § 34A-2-102(2)(b)(i): a posthumous child; or
Utah Code Annotated § 34A-2-102(2)(b)(ii): a child legally adopted prior to an injury.


Utah Code Annotated § 34A-2-103 Employers enumerated and defined -- Regularly employed -- Statutory employers -- Exceptions.
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Utah Code Annotated § 34A-2-103(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 34A-2-105; 34A-3-102
Utah Code Annotated § 34A-2-103(1)(a): Chapter 3, Utah Occupational Disease Act The state, and each county, city, town, and school district in the state are considered employers under this chapter and
Utah Code Annotated § 34A-2-103(1)(b): Chapter 3, Utah Occupational Disease Act; 34A-2-105; 34A-3-102 For the purposes of the exclusive remedy in this chapter and
Utah Code Annotated § 34A-2-103(2): Chapter 3, Utah Occupational Disease Act; (2)
Utah Code Annotated § 34A-2-103(2)(a): Chapter 3, Utah Occupational Disease Act Subject to the other provisions of this section, each person, including each public utility and each independent contractor, who regularly employs one or more workers or operatives in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written, is considered an employer under this chapter and
Utah Code Annotated § 34A-2-103(2)(b): (2) As used in this Subsection
Utah Code Annotated § 34A-2-103(2)(b)(i): "Independent contractor" means any person engaged in the performance of any work for another who, while so engaged, is:
Utah Code Annotated § 34A-2-103(2)(b)(i)(A): independent of the employer in all that pertains to the execution of the work;
Utah Code Annotated § 34A-2-103(2)(b)(i)(B): not subject to the routine rule or control of the employer;
Utah Code Annotated § 34A-2-103(2)(b)(i)(C): engaged only in the performance of a definite job or piece of work; and
Utah Code Annotated § 34A-2-103(2)(b)(i)(D): subordinate to the employer only in effecting a result in accordance with the employer's design.
Utah Code Annotated § 34A-2-103(2)(b)(ii): "Regularly" includes all employments in the usual course of the trade, business, profession, or occupation of the employer, whether continuous throughout the year or for only a portion of the year.
Utah Code Annotated § 34A-2-103(3): Title 31A, Chapter 40, Professional Employer Organization Licensing Act; 31A-40-209; 34A-2-201(1); 34A-2-201(1)
Utah Code Annotated § 34A-2-103(3)(a): Title 31A, Chapter 40, Professional Employer Organization Licensing Act; 31A-40-209; 34A-2-201(1) The client under a professional employer organization agreement regulated under
Utah Code Annotated § 34A-2-103(3)(a)(i): is considered the employer of a covered employee; and
Utah Code Annotated § 34A-2-103(3)(a)(ii): 31A-40-209; 34A-2-201(1) subject to Section
Utah Code Annotated § 34A-2-103(3)(b): 34A-2-201(1) The division shall promptly inform the Insurance Department if the division has reason to believe that a professional employer organization is not in compliance with Subsection
Utah Code Annotated § 34A-2-103(4): Chapter 3, Utah Occupational Disease Act A domestic employer who does not employ one employee or more than one employee at least 40 hours per week is not considered an employer under this chapter and
Utah Code Annotated § 34A-2-103(5): (5); 35A-4-206(1); (2); 35A-4-206(3); (5)(a)(i)(A); (5)(a)(ii); (5)(a)(ii)(A)(II); (VIII); (5)(a)(ii)(A); (B); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 31A-1-301; 31A-1-301; Chapter 3, Utah Occupational Disease Act; (5)(c)(ii)(B)
Utah Code Annotated § 34A-2-103(5)(a): (5); 35A-4-206(1); (2); 35A-4-206(3); (5)(a)(i)(A); (5)(a)(ii); (5)(a)(ii)(A)(II); (VIII); (5)(a)(ii)(A); (B) As used in this Subsection
Utah Code Annotated § 34A-2-103(5)(a)(i): 35A-4-206(1); (2); 35A-4-206(3); (5)(a)(i)(A); (5)(a)(ii)
Utah Code Annotated § 34A-2-103(5)(a)(i)(A): 35A-4-206(1); (2); 35A-4-206(3) "Agricultural employer" means a person who employs agricultural labor as defined in Subsections
Utah Code Annotated § 34A-2-103(5)(a)(i)(B): (5)(a)(i)(A); (5)(a)(ii) Notwithstanding Subsection
Utah Code Annotated § 34A-2-103(5)(a)(ii): (5)(a)(ii)(A)(II); (VIII); (5)(a)(ii)(A); (B) "Employer's immediate family" means:
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A): an agricultural employer's:
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(I): spouse;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(II): grandparent;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(III): parent;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(IV): sibling;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(V): child;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(VI): grandchild;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(VII): nephew; or
Utah Code Annotated § 34A-2-103(5)(a)(ii)(A)(VIII): niece;
Utah Code Annotated § 34A-2-103(5)(a)(ii)(B): (5)(a)(ii)(A)(II); (VIII) a spouse of any person provided in Subsections
Utah Code Annotated § 34A-2-103(5)(a)(ii)(C): (5)(a)(ii)(A); (B) an individual who is similar to those listed in Subsection
Utah Code Annotated § 34A-2-103(5)(a)(iii): "Nonimmediate family" means a person who is not a member of the employer's immediate family.
Utah Code Annotated § 34A-2-103(5)(b): Chapter 3, Utah Occupational Disease Act For purposes of this chapter and
Utah Code Annotated § 34A-2-103(5)(c): Chapter 3, Utah Occupational Disease Act; 31A-1-301; 31A-1-301 For purposes of this chapter and
Utah Code Annotated § 34A-2-103(5)(c)(i): for the previous calendar year the agricultural employer's total annual payroll for all nonimmediate family employees was less than $8,000; or
Utah Code Annotated § 34A-2-103(5)(c)(ii): 31A-1-301; 31A-1-301
Utah Code Annotated § 34A-2-103(5)(c)(ii)(A): for the previous calendar year the agricultural employer's total annual payroll for all nonimmediate family employees was equal to or greater than $8,000 but less than $50,000; and
Utah Code Annotated § 34A-2-103(5)(c)(ii)(B): 31A-1-301; 31A-1-301 the agricultural employer maintains insurance that covers job-related injuries of the employer's nonimmediate family employees in at least the following amounts:
Utah Code Annotated § 34A-2-103(5)(c)(ii)(B)(I): 31A-1-301 $300,000 liability insurance, as defined in Section
Utah Code Annotated § 34A-2-103(5)(c)(ii)(B)(II): 31A-1-301 $5,000 for health care benefits similar to benefits under health care insurance as defined in Section
Utah Code Annotated § 34A-2-103(5)(d): Chapter 3, Utah Occupational Disease Act; (5)(c)(ii)(B) For purposes of this chapter and
Utah Code Annotated § 34A-2-103(5)(d)(i): for the previous calendar year the agricultural employer's total annual payroll for all nonimmediate family employees is equal to or greater than $50,000; or
Utah Code Annotated § 34A-2-103(5)(d)(ii): (5)(c)(ii)(B)
Utah Code Annotated § 34A-2-103(5)(d)(ii)(A): for the previous year the agricultural employer's total payroll for nonimmediate family employees was equal to or exceeds $8,000 but is less than $50,000; and
Utah Code Annotated § 34A-2-103(5)(d)(ii)(B): (5)(c)(ii)(B) the agricultural employer fails to maintain the insurance required under Subsection
Utah Code Annotated § 34A-2-103(6): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act An employer of agricultural laborers or domestic servants who is not considered an employer under this chapter and
Utah Code Annotated § 34A-2-103(6)(a): Chapter 3, Utah Occupational Disease Act this chapter and
Utah Code Annotated § 34A-2-103(6)(b): the rules of the commission.
Utah Code Annotated § 34A-2-103(7): (7)(a); (7)(a)(i)(A); (D); Chapter 3, Utah Occupational Disease Act; (7)(a); (7)(a); 34A-2-201; 34A-2-201; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act; (7)(a); 34A-2-104(4); (7)(a); 34A-2-201; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act; (7)(f); (7); (7)(f)(iii); 34A-2-105; (7)(f)(i)(B); (7)(f)(ii); (7)(a); (7)(a); 34A-2-201; 34A-2-201; 34A-2-111(3)(d); (7)(c)(i); (7)(e)(i); (7)(c)(ii); (7)(e)(ii); 34A-2-104(4); (7)(a); 34A-2-201; 34A-2-111(3)(d)
Utah Code Annotated § 34A-2-103(7)(a): (7)(a); (7)(a)(i)(A); (D); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-103(7)(a)(i): (7)(a); (7)(a)(i)(A); (D) As used in this Subsection
Utah Code Annotated § 34A-2-103(7)(a)(i)(A): a sole proprietorship;
Utah Code Annotated § 34A-2-103(7)(a)(i)(B): a corporation;
Utah Code Annotated § 34A-2-103(7)(a)(i)(C): a partnership;
Utah Code Annotated § 34A-2-103(7)(a)(i)(D): a limited liability company; or
Utah Code Annotated § 34A-2-103(7)(a)(i)(E): (7)(a)(i)(A); (D) a person similar to one described in Subsections
Utah Code Annotated § 34A-2-103(7)(a)(ii): Chapter 3, Utah Occupational Disease Act If an employer procures any work to be done wholly or in part for the employer by a contractor over whose work the employer retains supervision or control, and this work is a part or process in the trade or business of the employer, the contractor, all persons employed by the contractor, all subcontractors under the contractor, and all persons employed by any of these subcontractors, are considered employees of the original employer for the purposes of this chapter and
Utah Code Annotated § 34A-2-103(7)(b): (7)(a) Any person who is engaged in constructing, improving, repairing, or remodeling a residence that the person owns or is in the process of acquiring as the person's personal residence may not be considered an employee or employer solely by operation of Subsection
Utah Code Annotated § 34A-2-103(7)(c): (7)(a); 34A-2-201; 34A-2-201; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act A partner in a partnership or an owner of a sole proprietorship is not considered an employee under Subsection
Utah Code Annotated § 34A-2-103(7)(c)(i): 34A-2-201; 34A-2-201 a valid certification of the partnership's or sole proprietorship's compliance with Section
Utah Code Annotated § 34A-2-103(7)(c)(ii): Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act if a partnership or sole proprietorship with no employees other than a partner of the partnership or owner of the sole proprietorship, a workers' compensation coverage waiver issued pursuant to
Utah Code Annotated § 34A-2-103(7)(c)(ii)(A): the partnership or sole proprietorship is customarily engaged in an independently established trade, occupation, profession, or business; and
Utah Code Annotated § 34A-2-103(7)(c)(ii)(B): Chapter 3, Utah Occupational Disease Act the partner or owner personally waives the partner's or owner's entitlement to the benefits of this chapter and
Utah Code Annotated § 34A-2-103(7)(d): (7)(a); 34A-2-104(4) A director or officer of a corporation is not considered an employee under Subsection
Utah Code Annotated § 34A-2-103(7)(e): (7)(a); 34A-2-201; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act A contractor or subcontractor is not an employee of the employer under Subsection
Utah Code Annotated § 34A-2-103(7)(e)(i): 34A-2-201 a valid certification of the contractor's or subcontractor's compliance with Section
Utah Code Annotated § 34A-2-103(7)(e)(ii): Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act if a partnership, corporation, or sole proprietorship with no employees other than a partner of the partnership, officer of the corporation, or owner of the sole proprietorship, a workers' compensation coverage waiver issued pursuant to
Utah Code Annotated § 34A-2-103(7)(e)(ii)(A): the partnership, corporation, or sole proprietorship is customarily engaged in an independently established trade, occupation, profession, or business; and
Utah Code Annotated § 34A-2-103(7)(e)(ii)(B): Chapter 3, Utah Occupational Disease Act the partner, corporate officer, or owner personally waives the partner's, corporate officer's, or owner's entitlement to the benefits of this chapter and
Utah Code Annotated § 34A-2-103(7)(f): (7)(f); (7); (7)(f)(iii); 34A-2-105; (7)(f)(i)(B); (7)(f)(ii); (7)(a); (7)(a); 34A-2-201; 34A-2-201; 34A-2-111(3)(d); (7)(c)(i); (7)(e)(i); (7)(c)(ii); (7)(e)(ii); 34A-2-104(4); (7)(a); 34A-2-201; 34A-2-111(3)(d)
Utah Code Annotated § 34A-2-103(7)(f)(i): (7)(f) For purposes of this Subsection
Utah Code Annotated § 34A-2-103(7)(f)(i)(A): is an employer; and
Utah Code Annotated § 34A-2-103(7)(f)(i)(B): procures work to be done wholly or in part for the employer by a contractor, including:
Utah Code Annotated § 34A-2-103(7)(f)(i)(B)(I): all persons employed by the contractor;
Utah Code Annotated § 34A-2-103(7)(f)(i)(B)(II): all subcontractors under the contractor; and
Utah Code Annotated § 34A-2-103(7)(f)(i)(B)(III): all persons employed by any of these subcontractors.
Utah Code Annotated § 34A-2-103(7)(f)(ii): (7); (7)(f)(iii); 34A-2-105; (7)(f)(i)(B) Notwithstanding the other provisions in this Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii): (7)(f)(ii); (7)(a); (7)(a); 34A-2-201; 34A-2-201; 34A-2-111(3)(d); (7)(c)(i); (7)(e)(i); (7)(c)(ii); (7)(e)(ii); 34A-2-104(4); (7)(a); 34A-2-201; 34A-2-111(3)(d) Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(A): (7)(a); (7)(a); 34A-2-201 under Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B): 34A-2-201; 34A-2-111(3)(d)
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(I): 34A-2-201 secures, in accordance with Section
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(II): procures work to be done that is part or process of the trade or business of the eligible employer; and
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(III): 34A-2-111(3)(d) does the following with regard to a written workplace accident and injury reduction program that meets the requirements of Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(III)(Aa): adopts the workplace accident and injury reduction program;
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(III)(Bb): posts the workplace accident and injury reduction program at the work site at which the eligible employer procures work; and
Utah Code Annotated § 34A-2-103(7)(f)(iii)(B)(III)(Cc): enforces the workplace accident and injury reduction program according to the terms of the workplace accident and injury reduction program; or
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C): (7)(c)(i); (7)(e)(i); (7)(c)(ii); (7)(e)(ii); 34A-2-104(4); (7)(a); 34A-2-201; 34A-2-111(3)(d)
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(I): (7)(c)(i); (7)(e)(i); (7)(c)(ii); (7)(e)(ii); 34A-2-104(4) obtains and relies on:
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(I)(Aa): (7)(c)(i); (7)(e)(i) a valid certification described in Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(I)(Bb): (7)(c)(ii); (7)(e)(ii) a workers' compensation coverage waiver described in Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(I)(Cc): 34A-2-104(4) proof that a director or officer is excluded from coverage under Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(II): (7)(a); 34A-2-201 is liable under Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(III): procures work to be done that is part or process in the trade or business of the eligible employer; and
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(IV): 34A-2-111(3)(d) does the following with regard to a written workplace accident and injury reduction program that meets the requirements of Subsection
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(IV)(Aa): adopts the workplace accident and injury reduction program;
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(IV)(Bb): posts the workplace accident and injury reduction program at the work site at which the eligible employer procures work; and
Utah Code Annotated § 34A-2-103(7)(f)(iii)(C)(IV)(Cc): enforces the workplace accident and injury reduction program according to the terms of the workplace accident and injury reduction program.
Utah Code Annotated § 34A-2-103(8): (8); Chapter 3, Utah Occupational Disease Act; Title 58, Chapter 55, Utah Construction Trades Licensing Act; (7)(c); 34A-2-104(3); Chapter 3, Utah Occupational Disease Act; (8)(c); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (8)(b); (8)(c)
Utah Code Annotated § 34A-2-103(8)(a): (8) For purposes of this Subsection
Utah Code Annotated § 34A-2-103(8)(a)(i): an individual;
Utah Code Annotated § 34A-2-103(8)(a)(ii): a corporation; or
Utah Code Annotated § 34A-2-103(8)(a)(iii): publicly traded.
Utah Code Annotated § 34A-2-103(8)(b): Chapter 3, Utah Occupational Disease Act; Title 58, Chapter 55, Utah Construction Trades Licensing Act; (7)(c); 34A-2-104(3); Chapter 3, Utah Occupational Disease Act; (8)(c) For purposes of this chapter and
Utah Code Annotated § 34A-2-103(8)(c): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (8)(b) Pursuant to rules made by the commission in accordance with
Utah Code Annotated § 34A-2-103(8)(c)(i): is an active manager of the unincorporated entity;
Utah Code Annotated § 34A-2-103(8)(c)(ii): directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or
Utah Code Annotated § 34A-2-103(8)(c)(iii): is not subject to supervision or control in the performance of work by:
Utah Code Annotated § 34A-2-103(8)(c)(iii)(A): the unincorporated entity; or
Utah Code Annotated § 34A-2-103(8)(c)(iii)(B): a person with whom the unincorporated entity contracts.
Utah Code Annotated § 34A-2-103(8)(d): (8)(c) As part of the rules made under Subsection
Utah Code Annotated § 34A-2-103(8)(d)(i): "active manager";
Utah Code Annotated § 34A-2-103(8)(d)(ii): "directly or indirectly holds at least an 8% ownership interest"; and
Utah Code Annotated § 34A-2-103(8)(d)(iii): "subject to supervision or control in the performance of work."
Utah Code Annotated § 34A-2-103(9): (9); (4); (9)(c); Chapter 3, Utah Occupational Disease Act; (9); (9)
Utah Code Annotated § 34A-2-103(9)(a): (9) As used in this Subsection
Utah Code Annotated § 34A-2-103(9)(a)(i): respite care;
Utah Code Annotated § 34A-2-103(9)(a)(ii): skilled nursing;
Utah Code Annotated § 34A-2-103(9)(a)(iii): nursing assistant services;
Utah Code Annotated § 34A-2-103(9)(a)(iv): home health aide services;
Utah Code Annotated § 34A-2-103(9)(a)(v): personal care and attendant services;
Utah Code Annotated § 34A-2-103(9)(a)(vi): other in-home care, such as support for the daily activities of the individual with a disability;
Utah Code Annotated § 34A-2-103(9)(a)(vii): specialized in-home training for the individual with a disability or a family member of the individual with a disability;
Utah Code Annotated § 34A-2-103(9)(a)(viii): specialized in-home support, coordination, and other supported living services; and
Utah Code Annotated § 34A-2-103(9)(a)(ix): other home and community based services unique to the individual with a disability or the family of the individual with a disability that help prevent the individual with a disability from being placed in a more restrictive setting.
Utah Code Annotated § 34A-2-103(9)(b): (4); (9)(c); Chapter 3, Utah Occupational Disease Act Notwithstanding Subsection
Utah Code Annotated § 34A-2-103(9)(b)(i): employs the individual to provide home and community based services for seven hours per week or more; and
Utah Code Annotated § 34A-2-103(9)(b)(ii): pays the individual providing the home and community based services from state or federal money received by the individual with a disability or designated representative of the individual with a disability to fund home and community based services, including through a person designated by the Secretary of the Treasury in accordance with Section 3504, Internal Revenue Code, as a fiduciary, agent, or other person who has the control, receipt, custody, or disposal of, or pays the wages of, the individual providing the home and community based services.
Utah Code Annotated § 34A-2-103(9)(c): (9); (9) The state and federal money received by an individual with a disability or designated representative of an individual with a disability shall include the cost of the workers' compensation coverage required by this Subsection
Utah Code Annotated § 34A-2-103(10): (10); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-103(10)(a): (10) For purposes of this Subsection
Utah Code Annotated § 34A-2-103(10)(b): Chapter 3, Utah Occupational Disease Act For purposes of determining whether two or more persons are considered joint employers under this chapter or
Utah Code Annotated § 34A-2-103(11): (11); (11)
Utah Code Annotated § 34A-2-103(11)(a): (11) As used in this Subsection
Utah Code Annotated § 34A-2-103(11)(a)(i): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-2-103(11)(a)(ii): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-2-103(11)(a)(iii): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-2-103(11)(b): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34A-2-103(11)(b)(i): a franchisee; or
Utah Code Annotated § 34A-2-103(11)(b)(ii): a franchisee's employee.
Utah Code Annotated § 34A-2-103(11)(c): (11) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection


Utah Code Annotated § 34A-2-104 "Employee," "worker," and "operative" defined -- Specific circumstances -- Exemptions.
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Utah Code Annotated § 34A-2-104(1): Chapter 3, Utah Occupational Disease Act; 34A-2-103 As used in this chapter and
Utah Code Annotated § 34A-2-104(1)(a): 
Utah Code Annotated § 34A-2-104(1)(a)(i): an elective or appointive officer and any other person:
Utah Code Annotated § 34A-2-104(1)(a)(i)(A): in the service of:
Utah Code Annotated § 34A-2-104(1)(a)(i)(A)(I): the state;
Utah Code Annotated § 34A-2-104(1)(a)(i)(A)(II): a county, city, or town within the state; or
Utah Code Annotated § 34A-2-104(1)(a)(i)(A)(III): a school district within the state;
Utah Code Annotated § 34A-2-104(1)(a)(i)(B): serving the state, or any county, city, town, or school district under:
Utah Code Annotated § 34A-2-104(1)(a)(i)(B)(I): an election;
Utah Code Annotated § 34A-2-104(1)(a)(i)(B)(II): appointment; or
Utah Code Annotated § 34A-2-104(1)(a)(i)(B)(III): any contract of hire, express or implied, written or oral; and
Utah Code Annotated § 34A-2-104(1)(a)(ii): including:
Utah Code Annotated § 34A-2-104(1)(a)(ii)(A): an officer or employee of the state institutions of learning; and
Utah Code Annotated § 34A-2-104(1)(a)(ii)(B): a member of the Utah National Guard or Utah State Defense Force while on state active duty; and
Utah Code Annotated § 34A-2-104(1)(b): 34A-2-103 a person in the service of any employer, as defined in Section
Utah Code Annotated § 34A-2-104(1)(b)(i): under any contract of hire:
Utah Code Annotated § 34A-2-104(1)(b)(i)(A): express or implied; and
Utah Code Annotated § 34A-2-104(1)(b)(i)(B): oral or written;
Utah Code Annotated § 34A-2-104(1)(b)(ii): including aliens and minors, whether legally or illegally working for hire; and
Utah Code Annotated § 34A-2-104(1)(b)(iii): not including any person whose employment:
Utah Code Annotated § 34A-2-104(1)(b)(iii)(A): is casual; and
Utah Code Annotated § 34A-2-104(1)(b)(iii)(B): not in the usual course of the trade, business, or occupation of the employee's employer.
Utah Code Annotated § 34A-2-104(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-104(2)(a): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act Unless a lessee provides coverage as an employer under this chapter and
Utah Code Annotated § 34A-2-104(2)(a)(i): Chapter 3, Utah Occupational Disease Act covered for compensation by the lessor under this chapter and
Utah Code Annotated § 34A-2-104(2)(a)(ii): Chapter 3, Utah Occupational Disease Act subject to this chapter and
Utah Code Annotated § 34A-2-104(2)(a)(iii): Chapter 3, Utah Occupational Disease Act entitled to the benefits of this chapter and
Utah Code Annotated § 34A-2-104(2)(b): The lessor may deduct from the proceeds of ores mined by the lessees an amount equal to the insurance premium for that type of work.
Utah Code Annotated § 34A-2-104(3): (3)(b); Chapter 3, Utah Occupational Disease Act; (3)(a); Chapter 3, Utah Occupational Disease Act; (3)(a)(ii); (3)(a)(i); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-104(3)(a): (3)(b); Chapter 3, Utah Occupational Disease Act; (3)(a); Chapter 3, Utah Occupational Disease Act; (3)(a)(ii); (3)(a)(i)
Utah Code Annotated § 34A-2-104(3)(a)(i): (3)(b); Chapter 3, Utah Occupational Disease Act Except as provided in Subsection
Utah Code Annotated § 34A-2-104(3)(a)(ii): (3)(a) If a partnership or sole proprietorship makes an election under Subsection
Utah Code Annotated § 34A-2-104(3)(a)(iii): Chapter 3, Utah Occupational Disease Act; (3)(a)(ii) A partner of a partnership or owner of a sole proprietorship may not be considered an employee of the partner's partnership or the owner's sole proprietorship under this chapter or
Utah Code Annotated § 34A-2-104(3)(a)(iv): (3)(a)(i) For premium rate making, the insurance carrier shall assume the salary or wage of the partner or sole proprietor electing coverage under Subsection
Utah Code Annotated § 34A-2-104(3)(b): Chapter 3, Utah Occupational Disease Act A partner of a partnership or an owner of a sole proprietorship is an employee of the partnership or sole proprietorship under this chapter and
Utah Code Annotated § 34A-2-104(3)(b)(i): the partnership or sole proprietorship:
Utah Code Annotated § 34A-2-104(3)(b)(i)(A): is a motor carrier; and
Utah Code Annotated § 34A-2-104(3)(b)(i)(B): employs at least one individual who is not a partner or an owner; and
Utah Code Annotated § 34A-2-104(3)(b)(ii): the partner or owner personally operates a motor vehicle for the motor carrier.
Utah Code Annotated § 34A-2-104(4): (4)(g); Chapter 3, Utah Occupational Disease Act; (4)(a); (4)(b)(ii); (4); 34A-2-103(7)(d); Chapter 3, Utah Occupational Disease Act; (4)(b); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(b)(ii); (4)(a)
Utah Code Annotated § 34A-2-104(4)(a): (4)(g); Chapter 3, Utah Occupational Disease Act Except as provided in Subsection
Utah Code Annotated § 34A-2-104(4)(b): (4)(a) If a corporation makes an election under Subsection
Utah Code Annotated § 34A-2-104(4)(b)(i): upon its insurance carrier, if any; or
Utah Code Annotated § 34A-2-104(4)(b)(ii): upon the commission if the corporation is self-insured or has no employee other than the one or more directors or officers being excluded.
Utah Code Annotated § 34A-2-104(4)(c): (4)(b)(ii) A corporation may exclude no more than five individuals who are directors or officers under Subsection
Utah Code Annotated § 34A-2-104(4)(d): (4); 34A-2-103(7)(d) An exclusion under this Subsection
Utah Code Annotated § 34A-2-104(4)(e): Chapter 3, Utah Occupational Disease Act; (4)(b) A director or officer of a corporation is considered an employee under this chapter and
Utah Code Annotated § 34A-2-104(4)(f): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(b)(ii) The commission may make rules, in accordance with
Utah Code Annotated § 34A-2-104(4)(g): (4)(a) Subsection
Utah Code Annotated § 34A-2-104(5): Chapter 3, Utah Occupational Disease Act; 61-2f-102; 64-13-16; 64-13-19; 31A-1-301; (6); (7); (8); (5)(d)(i); (5)(d)(i); (5)(d)(iii); Part 10, Workers' Compensation Coverage Waivers Act; (5)(d)(iii); (7)(c) As used in this chapter and
Utah Code Annotated § 34A-2-104(5)(a): 61-2f-102 a sales agent or associate broker, as defined in Section
Utah Code Annotated § 34A-2-104(5)(a)(i): substantially all of the sales agent's or associate broker's income for services is from real estate commissions; and
Utah Code Annotated § 34A-2-104(5)(a)(ii): the sales agent's or associate broker's services are performed under a written contract that provides that:
Utah Code Annotated § 34A-2-104(5)(a)(ii)(A): the real estate agent is an independent contractor; and
Utah Code Annotated § 34A-2-104(5)(a)(ii)(B): the sales agent or associate broker is not to be treated as an employee for federal income tax purposes;
Utah Code Annotated § 34A-2-104(5)(b): 64-13-16; 64-13-19 an offender performing labor under Section
Utah Code Annotated § 34A-2-104(5)(c): 31A-1-301 an individual who for an insurance producer, as defined in Section
Utah Code Annotated § 34A-2-104(5)(c)(i): substantially all of the individual's income from those services is from insurance commissions; and
Utah Code Annotated § 34A-2-104(5)(c)(ii): the services of the individual are performed under a written contract that states that the individual:
Utah Code Annotated § 34A-2-104(5)(c)(ii)(A): is an independent contractor;
Utah Code Annotated § 34A-2-104(5)(c)(ii)(B): is not to be treated as an employee for federal income tax purposes; and
Utah Code Annotated § 34A-2-104(5)(c)(ii)(C): can derive income from more than one insurance company; or
Utah Code Annotated § 34A-2-104(5)(d): (6); (7); (8); (5)(d)(i); (5)(d)(i); (5)(d)(iii); Part 10, Workers' Compensation Coverage Waivers Act; (5)(d)(iii); (7)(c) subject to Subsections
Utah Code Annotated § 34A-2-104(5)(d)(i): 
Utah Code Annotated § 34A-2-104(5)(d)(i)(A): owns a motor vehicle; or
Utah Code Annotated § 34A-2-104(5)(d)(i)(B): leases a motor vehicle to a motor carrier;
Utah Code Annotated § 34A-2-104(5)(d)(ii): (5)(d)(i) personally operates the motor vehicle described in Subsection
Utah Code Annotated § 34A-2-104(5)(d)(iii): (5)(d)(i) operates the motor vehicle described in Subsection
Utah Code Annotated § 34A-2-104(5)(d)(iv): (5)(d)(iii); Part 10, Workers' Compensation Coverage Waivers Act; (5)(d)(iii); (7)(c)
Utah Code Annotated § 34A-2-104(5)(d)(iv)(A): (5)(d)(iii); Part 10, Workers' Compensation Coverage Waivers Act provides to the motor carrier at the time the written agreement described in Subsection
Utah Code Annotated § 34A-2-104(5)(d)(iv)(B): (5)(d)(iii); (7)(c) provides to the motor carrier at the time the written agreement described in Subsection
Utah Code Annotated § 34A-2-104(6): (5)(d); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act An individual described in Subsection
Utah Code Annotated § 34A-2-104(6)(a): Chapter 3, Utah Occupational Disease Act this chapter and
Utah Code Annotated § 34A-2-104(6)(b): commission rules.
Utah Code Annotated § 34A-2-104(7): (5)(d)(iii) As used in this section:
Utah Code Annotated § 34A-2-104(7)(a): "Motor carrier" means a person engaged in the business of transporting freight, merchandise, or other property by a commercial vehicle on a highway within this state.
Utah Code Annotated § 34A-2-104(7)(b): "Motor vehicle" means a self-propelled vehicle intended primarily for use and operation on the highways, including a trailer or semitrailer designed for use with another motorized vehicle.
Utah Code Annotated § 34A-2-104(7)(c): (5)(d)(iii) "Occupational accident related insurance" means insurance that provides the following coverage at a minimum aggregate policy limit of $1,000,000 for all benefits paid, including medical expense benefits, for an injury sustained in the course of working under a written agreement described in Subsection
Utah Code Annotated § 34A-2-104(7)(c)(i): disability benefits;
Utah Code Annotated § 34A-2-104(7)(c)(ii): death benefits; and
Utah Code Annotated § 34A-2-104(7)(c)(iii): medical expense benefits, which include:
Utah Code Annotated § 34A-2-104(7)(c)(iii)(A): hospital coverage;
Utah Code Annotated § 34A-2-104(7)(c)(iii)(B): surgical coverage;
Utah Code Annotated § 34A-2-104(7)(c)(iii)(C): prescription drug coverage; and
Utah Code Annotated § 34A-2-104(7)(c)(iii)(D): dental coverage.
Utah Code Annotated § 34A-2-104(8): (5)(d); Part 10, Workers' Compensation Coverage Waivers Act; (7)(c); Part 10, Workers' Compensation Coverage Waivers Act For an individual described in Subsection
Utah Code Annotated § 34A-2-104(8)(a): Part 10, Workers' Compensation Coverage Waivers Act if the individual is not covered by a workers' compensation policy, the individual shall obtain:
Utah Code Annotated § 34A-2-104(8)(a)(i): occupational accident related insurance; and
Utah Code Annotated § 34A-2-104(8)(a)(ii): Part 10, Workers' Compensation Coverage Waivers Act a waiver in accordance with
Utah Code Annotated § 34A-2-104(8)(b): (7)(c); Part 10, Workers' Compensation Coverage Waivers Act the commission shall verify the existence of occupational accident insurance coverage with the coverage and benefit limits listed in Subsection


Utah Code Annotated § 34A-2-104.5 Nongovernment entity volunteers.
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Utah Code Annotated § 34A-2-104.5(1): (1)(a)(i); 53G-7-903; 53B-16-403; 34A-2-103; Title 34, Chapter 40, Utah Minimum Wage Act As used in this section:
Utah Code Annotated § 34A-2-104.5(1)(a): (1)(a)(i); 53G-7-903; 53B-16-403
Utah Code Annotated § 34A-2-104.5(1)(a)(i): "Intern" means a student or trainee who works without pay at a trade or occupation in order to gain work experience.
Utah Code Annotated § 34A-2-104.5(1)(a)(ii): (1)(a)(i); 53G-7-903; 53B-16-403 Notwithstanding Subsection
Utah Code Annotated § 34A-2-104.5(1)(b): 34A-2-103 "Nongovernment entity" means an entity or individual that:
Utah Code Annotated § 34A-2-104.5(1)(b)(i): 34A-2-103 is an employer as provided in Section
Utah Code Annotated § 34A-2-104.5(1)(b)(ii): is not a government entity.
Utah Code Annotated § 34A-2-104.5(1)(c): Title 34, Chapter 40, Utah Minimum Wage Act "Utah minimum wage" means the highest wage designated as Utah's minimum wage under
Utah Code Annotated § 34A-2-104.5(1)(d): 
Utah Code Annotated § 34A-2-104.5(1)(d)(i): "Volunteer" means an individual who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising nongovernment entity.
Utah Code Annotated § 34A-2-104.5(1)(d)(ii): "Volunteer" includes an intern of a nongovernment entity.
Utah Code Annotated § 34A-2-104.5(1)(d)(iii): "Volunteer" does not include an individual participating in human subjects research to the extent that the participation is governed by federal law or regulation inconsistent with this chapter.
Utah Code Annotated § 34A-2-104.5(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act A volunteer for a nongovernment entity is not an employee of the nongovernment entity for purposes of this chapter and
Utah Code Annotated § 34A-2-104.5(3): 34A-2-201; 34A-2-201; Chapter 3, Utah Occupational Disease Act; 34A-2-105; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-104.5(3)(a): 34A-2-201 A nongovernment entity may elect to secure coverage for all of the nongovernment entity's volunteers by obtaining coverage for the volunteers in accordance with Section
Utah Code Annotated § 34A-2-104.5(3)(b): 34A-2-201; Chapter 3, Utah Occupational Disease Act; 34A-2-105; Chapter 3, Utah Occupational Disease Act If a nongovernment entity obtains coverage under Section
Utah Code Annotated § 34A-2-104.5(3)(b)(i): a volunteer is considered an employee of the nongovernment entity; and
Utah Code Annotated § 34A-2-104.5(3)(b)(ii): 34A-2-105; Chapter 3, Utah Occupational Disease Act these benefits are the exclusive remedy of the volunteer in accordance with Section
Utah Code Annotated § 34A-2-104.5(4): A nongovernment entity shall keep sufficient records of the nongovernment entity's volunteers and the volunteers' duties to determine compliance with this section.
Utah Code Annotated § 34A-2-104.5(5): (3); Part 4, Compensation and Benefits To compute the disability compensation benefits under Subsection
Utah Code Annotated § 34A-2-104.5(6): A workers' compensation insurer shall calculate the premium for a nongovernment entity's volunteer on the basis of the Utah minimum wage on the actual hours the volunteer provides service to the nongovernment entity, except that a workers' compensation insurer may assume 30 hours worked per week if the nongovernment entity does not provide a record of actual hours worked.  The imputed wages shall be assigned to the class code on the policy that best describes the volunteer's duties.
Utah Code Annotated § 34A-2-104.5(7): The failure or refusal of a nongovernment entity to make an election under this section in regard to volunteers does not alter, have an effect on, or give rise to any implication or presumption regarding:
Utah Code Annotated § 34A-2-104.5(7)(a): the nongovernment entity's duties or liabilities with respect to volunteers; or
Utah Code Annotated § 34A-2-104.5(7)(b): the rights of volunteers.
Utah Code Annotated § 34A-2-104.5(8): (3)(b)(ii) Subject to Subsection
Utah Code Annotated § 34A-2-104.5(9): (3)(a) A nongovernment entity shall notify a volunteer of an election under Subsection
Utah Code Annotated § 34A-2-104.5(9)(a): printed notices where volunteers are likely to see the notices in conspicuous places about the nongovernment entity's place of business; and
Utah Code Annotated § 34A-2-104.5(9)(b): notices on a website that the nongovernment entity uses to recruit or provide information to volunteers.


Utah Code Annotated § 34A-2-105 Exclusive remedy against employer, and officer, agent, or employee of employer.
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Utah Code Annotated § 34A-2-105(1): Chapter 3, Utah Occupational Disease Act The right to recover compensation pursuant to this chapter for injuries sustained by an employee, whether resulting in death or not, is the exclusive remedy against the employer and is the exclusive remedy against any officer, agent, or employee of the employer and the liabilities of the employer imposed by this chapter is in place of any and all other civil liability whatsoever, at common law or otherwise, to the employee or to the employee's spouse, widow, children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other person whomsoever, on account of any accident or injury or death, in any way contracted, sustained, aggravated, or incurred by the employee in the course of or because of or arising out of the employee's employment, and an action at law may not be maintained against an employer or against any officer, agent, or employee of the employer based upon any accident, injury, or death of an employee.  Nothing in this section prevents an employee, or the employee's dependents, from filing a claim for compensation in those cases in accordance with
Utah Code Annotated § 34A-2-105(2): Title 31A, Chapter 40, Professional Employer Organization Licensing Act The exclusive remedy provisions of this section apply to both the client and the professional employer organization in a coemployment relationship regulated under
Utah Code Annotated § 34A-2-105(3): 34A-2-201
Utah Code Annotated § 34A-2-105(3)(a): For purposes of this section:
Utah Code Annotated § 34A-2-105(3)(a)(i): "Temporary employee" means an individual who for temporary work assignment is:
Utah Code Annotated § 34A-2-105(3)(a)(i)(A): an employee of a temporary staffing company; or
Utah Code Annotated § 34A-2-105(3)(a)(i)(B): registered by or otherwise associated with a temporary staffing company.
Utah Code Annotated § 34A-2-105(3)(a)(ii): "Temporary staffing company" means a company that engages in the assignment of individuals as temporary full-time or part-time employees to fill assignments with a finite ending date to another independent entity.
Utah Code Annotated § 34A-2-105(3)(b): 34A-2-201 If the temporary staffing company secures the payment of workers' compensation in accordance with Section


Utah Code Annotated § 34A-2-106 Injuries or death caused by wrongful acts of persons other than employer, officer, agent, or employee of employer -- Rights of employer or insurance carrier in cause of action -- Maintenance of action -- Notice of intention to proceed against third party -- Right to maintain action not involving employee-employer relationship -- Disbursement of proceeds of recovery -- Exclusive remedy.
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Utah Code Annotated § 34A-2-106(1): Chapter 3, Utah Occupational Disease Act When any injury or death for which compensation is payable under this chapter or
Utah Code Annotated § 34A-2-106(1)(a): the injured employee, or in case of death, the employee's dependents, may claim compensation; and
Utah Code Annotated § 34A-2-106(1)(b): the injured employee or the employee's heirs or personal representative may have an action for damages against the third person.
Utah Code Annotated § 34A-2-106(2): (2)(a); (2)(a)
Utah Code Annotated § 34A-2-106(2)(a): If compensation is claimed and the employer or insurance carrier becomes obligated to pay compensation, the employer or insurance carrier:
Utah Code Annotated § 34A-2-106(2)(a)(i): shall become trustee of the cause of action against the third party; and
Utah Code Annotated § 34A-2-106(2)(a)(ii): may bring and maintain the action either in the employer or insurance carrier's own name or in the name of the injured employee, or the employee's heirs or the personal representative of the deceased.
Utah Code Annotated § 34A-2-106(2)(b): (2)(a); (2)(a) Notwithstanding Subsection
Utah Code Annotated § 34A-2-106(3): (3)(a)(i); (ii)
Utah Code Annotated § 34A-2-106(3)(a): (3)(a)(i); (ii) Before proceeding against a third party, to give a person described in Subsections
Utah Code Annotated § 34A-2-106(3)(a)(i): the carrier; and
Utah Code Annotated § 34A-2-106(3)(a)(ii): any other person obligated for the compensation payments.
Utah Code Annotated § 34A-2-106(3)(b): The injured employee, or, in case of death, the employee's heirs, shall give written notice to the carrier and other person obligated for the compensation payments of any known attempt to attribute fault to the employer, officer, agent, or employee of the employer:
Utah Code Annotated § 34A-2-106(3)(b)(i): by way of settlement; or
Utah Code Annotated § 34A-2-106(3)(b)(ii): in a proceeding brought by the injured employee, or, in case of death, the employee's heirs.
Utah Code Annotated § 34A-2-106(4): 34A-2-103; 34A-2-103 For the purposes of this section and subject to Section
Utah Code Annotated § 34A-2-106(4)(a): a subcontractor;
Utah Code Annotated § 34A-2-106(4)(b): a general contractor;
Utah Code Annotated § 34A-2-106(4)(c): an independent contractor;
Utah Code Annotated § 34A-2-106(4)(d): a property owner; or
Utah Code Annotated § 34A-2-106(4)(e): a lessee or assignee of a property owner.
Utah Code Annotated § 34A-2-106(5): (5)(a); (c); (5)(a); 78B-5-819(2); 78B-5-819(2) If any recovery is obtained against a third person, it shall be disbursed in accordance with Subsections
Utah Code Annotated § 34A-2-106(5)(a): 
Utah Code Annotated § 34A-2-106(5)(a)(i): The reasonable expense of the action, including attorney fees, shall be paid and charged proportionately against the parties as their interests may appear.
Utah Code Annotated § 34A-2-106(5)(a)(ii): Any fee chargeable to the employer or carrier is to be a credit upon any fee payable by the injured employee or, in the case of death, by the dependents, for any recovery had against the third party.
Utah Code Annotated § 34A-2-106(5)(b): (5)(a); 78B-5-819(2); 78B-5-819(2) The person liable for compensation payments shall be reimbursed, less the proportionate share of costs and attorney fees provided for in Subsection
Utah Code Annotated § 34A-2-106(5)(b)(i): 78B-5-819(2) without reduction based on fault attributed to the employer, officer, agent, or employee of the employer in the action against the third party if the combined percentage of fault attributed to persons immune from suit is determined to be less than 40% prior to any reallocation of fault under Subsection
Utah Code Annotated § 34A-2-106(5)(b)(ii): 78B-5-819(2) less the amount of payments made multiplied by the percentage of fault attributed to the employer, officer, agent, or employee of the employer in the action against the third party if the combined percentage of fault attributed to persons immune from suit is determined to be 40% or more prior to any reallocation of fault under Subsection
Utah Code Annotated § 34A-2-106(5)(c): The balance shall be paid to the injured employee, or the employee's heirs in case of death, to be applied to reduce or satisfy in full any obligation thereafter accruing against the person liable for compensation.
Utah Code Annotated § 34A-2-106(6): 34A-2-105; 34A-3-102; 34A-2-105; 34A-3-102; 78B-5-817; 78B-5-823
Utah Code Annotated § 34A-2-106(6)(a): The apportionment of fault to the employer in a civil action against a third party is not an action at law and does not impose any liability on the employer.
Utah Code Annotated § 34A-2-106(6)(b): 34A-2-105; 34A-3-102 The apportionment of fault does not alter or diminish the exclusiveness of the remedy provided to an employee, the employee's heirs, or the employee's personal representatives, or the immunity provided an employer pursuant to Section
Utah Code Annotated § 34A-2-106(6)(c): 34A-2-105; 34A-3-102; 78B-5-817; 78B-5-823 Any court in which a civil action is pending shall issue a partial summary judgment to an employer with respect to the employer's immunity as provided in Section


Utah Code Annotated § 34A-2-107 Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation.
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Utah Code Annotated § 34A-2-107(1): 31A-22-1001; (1)(b)(i) There is created a workers' compensation advisory council composed of:
Utah Code Annotated § 34A-2-107(1)(a): the following voting members whom the commissioner shall appoint:
Utah Code Annotated § 34A-2-107(1)(a)(i): five employer representatives; and
Utah Code Annotated § 34A-2-107(1)(a)(ii): five employee representatives;
Utah Code Annotated § 34A-2-107(1)(b): 31A-22-1001; (1)(b)(i) the following nonvoting members whom the commissioner shall appoint:
Utah Code Annotated § 34A-2-107(1)(b)(i): 31A-22-1001 a representative of the workers' compensation insurance carrier that provides workers' compensation insurance under Section
Utah Code Annotated § 34A-2-107(1)(b)(ii): (1)(b)(i) a representative of a workers' compensation insurance carrier different from the workers' compensation insurance carrier listed in Subsection
Utah Code Annotated § 34A-2-107(1)(b)(iii): a representative of health care providers;
Utah Code Annotated § 34A-2-107(1)(b)(iv): the Utah insurance commissioner or the insurance commissioner's designee;
Utah Code Annotated § 34A-2-107(1)(b)(v): the commissioner or the commissioner's designee; and
Utah Code Annotated § 34A-2-107(1)(b)(vi): a representative of hospitals; and
Utah Code Annotated § 34A-2-107(1)(c): the following nonvoting members:
Utah Code Annotated § 34A-2-107(1)(c)(i): a member of the Senate whom the president of the Senate shall appoint; and
Utah Code Annotated § 34A-2-107(1)(c)(ii): a member of the House of Representatives whom the speaker of the House of Representatives shall appoint.
Utah Code Annotated § 34A-2-107(2): Employers and employees shall consider nominating members of groups who historically may have been excluded from the council, such as women, minorities, and individuals with disabilities.
Utah Code Annotated § 34A-2-107(3): (3)(b); (1); (3)(a)
Utah Code Annotated § 34A-2-107(3)(a): (3)(b); (1) Except as required by Subsection
Utah Code Annotated § 34A-2-107(3)(b): (3)(a) Notwithstanding the requirements of Subsection
Utah Code Annotated § 34A-2-107(4): 
Utah Code Annotated § 34A-2-107(4)(a): When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
Utah Code Annotated § 34A-2-107(4)(b): The commissioner shall terminate the term of a council member who ceases to be representative as designated by the member's original appointment.
Utah Code Annotated § 34A-2-107(5): (5)(a); (5)(a) The council shall confer at least quarterly for the purpose of advising the commission, the division, and the Legislature on:
Utah Code Annotated § 34A-2-107(5)(a): the Utah workers' compensation and occupational disease laws;
Utah Code Annotated § 34A-2-107(5)(b): (5)(a) the administration of the laws described in Subsection
Utah Code Annotated § 34A-2-107(5)(c): (5)(a) rules related to the laws described in Subsection
Utah Code Annotated § 34A-2-107(6): Regarding workers' compensation, rehabilitation, and reemployment of employees who acquire a disability because of an industrial injury or occupational disease the council shall:
Utah Code Annotated § 34A-2-107(6)(a): offer advice on issues requested by:
Utah Code Annotated § 34A-2-107(6)(a)(i): the commission;
Utah Code Annotated § 34A-2-107(6)(a)(ii): the division; and
Utah Code Annotated § 34A-2-107(6)(a)(iii): the Legislature; and
Utah Code Annotated § 34A-2-107(6)(b): make recommendations to:
Utah Code Annotated § 34A-2-107(6)(b)(i): the commission; and
Utah Code Annotated § 34A-2-107(6)(b)(ii): the division.
Utah Code Annotated § 34A-2-107(7): The commissioner or the commissioner's designee shall serve as the chair of the council and call the necessary meetings.
Utah Code Annotated § 34A-2-107(8): The commission shall provide staff support to the council.
Utah Code Annotated § 34A-2-107(9): (9); 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107; 36-2-2; Title 5, Legislative Compensation and Expenses
Utah Code Annotated § 34A-2-107(9)(a): (9) Except as provided in Subsections
Utah Code Annotated § 34A-2-107(9)(b): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 A member who is not a legislator may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 34A-2-107(9)(b)(i): 63A-3-106 Section
Utah Code Annotated § 34A-2-107(9)(b)(ii): 63A-3-107 Section
Utah Code Annotated § 34A-2-107(9)(b)(iii): 63A-3-106; 63A-3-107 rules made by the Division of Finance pursuant to Sections
Utah Code Annotated § 34A-2-107(9)(c): 36-2-2; Title 5, Legislative Compensation and Expenses A member who is a legislator may receive compensation and travel expenses in accordance with Section


Utah Code Annotated § 34A-2-108 Void agreements between employers and employees.
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Utah Code Annotated § 34A-2-108(1): 34A-2-420; Chapter 3, Utah Occupational Disease Act Except as provided in Section
Utah Code Annotated § 34A-2-108(2): An agreement by an employee to pay any portion of the premium paid by the employee's employer is not valid.
Utah Code Annotated § 34A-2-108(3): Chapter 3, Utah Occupational Disease Act Any employer who deducts any portion of the premium from the wages or salary of any employee entitled to the benefits of this chapter or
Utah Code Annotated § 34A-2-108(3)(a): is guilty of a class B misdemeanor; and
Utah Code Annotated § 34A-2-108(3)(b): shall be fined not more than $100 for each such offense.


Utah Code Annotated § 34A-2-109 Interstate and intrastate commerce.
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Utah Code Annotated § 34A-2-109(1): (2); Chapter 3, Utah Occupational Disease Act Except as provided in Subsection
Utah Code Annotated § 34A-2-109(1)(a): intrastate commerce;
Utah Code Annotated § 34A-2-109(1)(b): interstate commerce; and
Utah Code Annotated § 34A-2-109(1)(c): foreign commerce.
Utah Code Annotated § 34A-2-109(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act If a rule of liability or method of compensation is established by the Congress of the United States as to interstate or foreign commerce, this chapter and
Utah Code Annotated § 34A-2-109(2)(a): Chapter 3, Utah Occupational Disease Act this chapter and
Utah Code Annotated § 34A-2-109(2)(b): the connection to intrastate work is clearly separable and distinguishable from interstate or foreign commerce.


Utah Code Annotated § 34A-2-110 Workers' compensation insurance fraud -- Elements -- Penalties -- Notice.
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Utah Code Annotated § 34A-2-110(1): 76-2-201; 76-2-103; 76-2-103; 76-1-101.5; 76-2-103; Chapter 3, Utah Occupational Disease Act As used in this section:
Utah Code Annotated § 34A-2-110(1)(a): 76-2-201 "Corporation" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-110(1)(b): 76-2-103 "Intentionally" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-110(1)(c): 76-2-103 "Knowingly" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-110(1)(d): 76-1-101.5 "Person" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-110(1)(e): 76-2-103 "Recklessly" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-110(1)(f): Chapter 3, Utah Occupational Disease Act "Thing of value" means one or more of the following obtained under this chapter or
Utah Code Annotated § 34A-2-110(1)(f)(i): workers' compensation insurance coverage;
Utah Code Annotated § 34A-2-110(1)(f)(ii): disability compensation;
Utah Code Annotated § 34A-2-110(1)(f)(iii): a medical benefit;
Utah Code Annotated § 34A-2-110(1)(f)(iv): a good;
Utah Code Annotated § 34A-2-110(1)(f)(v): a professional service;
Utah Code Annotated § 34A-2-110(1)(f)(vi): a fee for a professional service; or
Utah Code Annotated § 34A-2-110(1)(f)(vii): anything of value.
Utah Code Annotated § 34A-2-110(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (2); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (2)(b)(iii); 34A-2-103(8); Chapter 3, Utah Occupational Disease Act; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act; 34A-2-410
Utah Code Annotated § 34A-2-110(2)(a): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act A person is guilty of workers' compensation insurance fraud if that person intentionally, knowingly, or recklessly:
Utah Code Annotated § 34A-2-110(2)(a)(i): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act devises a scheme or artifice to do the following by means of a false or fraudulent pretense, representation, promise, or material omission:
Utah Code Annotated § 34A-2-110(2)(a)(i)(A): Chapter 3, Utah Occupational Disease Act obtain a thing of value under this chapter or
Utah Code Annotated § 34A-2-110(2)(a)(i)(B): Chapter 3, Utah Occupational Disease Act avoid paying the premium that an insurer charges, for an employee on the basis of the underwriting criteria applicable to that employee, to obtain a thing of value under this chapter or
Utah Code Annotated § 34A-2-110(2)(a)(i)(C): Chapter 3, Utah Occupational Disease Act deprive an employee of a thing of value under this chapter or
Utah Code Annotated § 34A-2-110(2)(a)(ii): communicates or causes a communication with another in furtherance of the scheme or artifice.
Utah Code Annotated § 34A-2-110(2)(b): (2); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (2)(b)(iii); 34A-2-103(8); Chapter 3, Utah Occupational Disease Act; Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act; 34A-2-410 A violation of this Subsection
Utah Code Annotated § 34A-2-110(2)(b)(i): Chapter 3, Utah Occupational Disease Act make or cause to be made a false written or oral statement with the intent to obtain insurance coverage as mandated by this chapter or
Utah Code Annotated § 34A-2-110(2)(b)(ii): Chapter 3, Utah Occupational Disease Act; (2)(b)(iii); 34A-2-103(8) form a business, reorganize a business, or change ownership in a business with the intent to:
Utah Code Annotated § 34A-2-110(2)(b)(ii)(A): Chapter 3, Utah Occupational Disease Act obtain insurance coverage as mandated by this chapter or
Utah Code Annotated § 34A-2-110(2)(b)(ii)(B): (2)(b)(iii) misclassify an employee as described in Subsection
Utah Code Annotated § 34A-2-110(2)(b)(ii)(C): 34A-2-103(8) deprive an employee of workers' compensation coverage as required by Subsection
Utah Code Annotated § 34A-2-110(2)(b)(iii): Chapter 3, Utah Occupational Disease Act misclassify an employee as one of the following so as to avoid the obligation to obtain insurance coverage as mandated by this chapter or
Utah Code Annotated § 34A-2-110(2)(b)(iii)(A): an independent contractor;
Utah Code Annotated § 34A-2-110(2)(b)(iii)(B): a sole proprietor;
Utah Code Annotated § 34A-2-110(2)(b)(iii)(C): an owner;
Utah Code Annotated § 34A-2-110(2)(b)(iii)(D): a partner;
Utah Code Annotated § 34A-2-110(2)(b)(iii)(E): an officer; or
Utah Code Annotated § 34A-2-110(2)(b)(iii)(F): a member in a limited liability company;
Utah Code Annotated § 34A-2-110(2)(b)(iv): Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act use a workers' compensation coverage waiver issued under
Utah Code Annotated § 34A-2-110(2)(b)(v): 34A-2-410 collect or make a claim for temporary disability compensation as provided in Section
Utah Code Annotated § 34A-2-110(3): (2); (3)(c); 76-2-204; (3)(c)(ii); (2); (2); Chapter 3, Utah Occupational Disease Act; (2); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B)
Utah Code Annotated § 34A-2-110(3)(a): (2); (3)(c) Workers' compensation insurance fraud under Subsection
Utah Code Annotated § 34A-2-110(3)(b): 76-2-204 A corporation or association is guilty of the offense of workers' compensation insurance fraud under the same conditions as those set forth in Section
Utah Code Annotated § 34A-2-110(3)(c): (3)(c)(ii); (2); (2); Chapter 3, Utah Occupational Disease Act; (2); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B)
Utah Code Annotated § 34A-2-110(3)(c)(i): (3)(c)(ii); (2); (2); Chapter 3, Utah Occupational Disease Act; (2) In accordance with Subsection
Utah Code Annotated § 34A-2-110(3)(c)(i)(A): (2) the total value of all property, money, or other things obtained or sought to be obtained by the scheme or artifice described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(i)(B): Chapter 3, Utah Occupational Disease Act; (2) the number of individuals not covered under this chapter or
Utah Code Annotated § 34A-2-110(3)(c)(ii): (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B); (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B) A person is guilty of:
Utah Code Annotated § 34A-2-110(3)(c)(ii)(A): (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B) a class A misdemeanor:
Utah Code Annotated § 34A-2-110(3)(c)(ii)(A)(I): (3)(c)(i)(A) if the value of the property, money, or other thing of value described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(ii)(A)(II): (3)(c)(i)(B); (3)(c)(i)(B) for each individual described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(ii)(B): (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B) a third degree felony:
Utah Code Annotated § 34A-2-110(3)(c)(ii)(B)(I): (3)(c)(i)(A) if the value of the property, money, or other thing of value described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(ii)(B)(II): (3)(c)(i)(B); (3)(c)(i)(B) for each individual described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(ii)(C): (3)(c)(i)(A); (3)(c)(i)(B); (3)(c)(i)(B) a second degree felony:
Utah Code Annotated § 34A-2-110(3)(c)(ii)(C)(I): (3)(c)(i)(A) if the value of the property, money, or other thing of value described in Subsection
Utah Code Annotated § 34A-2-110(3)(c)(ii)(C)(II): (3)(c)(i)(B); (3)(c)(i)(B) for each individual described in Subsection
Utah Code Annotated § 34A-2-110(4): (2); (2); (5) The following are not a necessary element of an offense described in Subsection
Utah Code Annotated § 34A-2-110(4)(a): reliance on the part of a person;
Utah Code Annotated § 34A-2-110(4)(b): (2) the intent on the part of the perpetrator of an offense described in Subsection
Utah Code Annotated § 34A-2-110(4)(c): (5) an insurer or self-insured employer giving written notice in accordance with Subsection
Utah Code Annotated § 34A-2-110(5): Chapter 3, Utah Occupational Disease Act; (5)(b); (5)(a); Part 10, Workers' Compensation Coverage Waivers Act; Chapter 3, Utah Occupational Disease Act; (5); (2); (5); (2)
Utah Code Annotated § 34A-2-110(5)(a): Chapter 3, Utah Occupational Disease Act; (5)(b) An insurer or self-insured employer who, in connection with this chapter or
Utah Code Annotated § 34A-2-110(5)(b): (5)(a); Part 10, Workers' Compensation Coverage Waivers Act Subsection
Utah Code Annotated § 34A-2-110(5)(b)(i): applies for insurance coverage;
Utah Code Annotated § 34A-2-110(5)(b)(ii): Part 10, Workers' Compensation Coverage Waivers Act applies for a workers' compensation coverage waiver issued under
Utah Code Annotated § 34A-2-110(5)(b)(iii): reports payroll;
Utah Code Annotated § 34A-2-110(5)(b)(iv): makes a claim by reason of accident, injury, death, disease, or other claimed loss; or
Utah Code Annotated § 34A-2-110(5)(b)(v): makes a report or gives notice to an insurer or self-insured employer.
Utah Code Annotated § 34A-2-110(5)(c): Chapter 3, Utah Occupational Disease Act An insurer or self-insured employer who issues a check, warrant, or other financial instrument in payment of compensation issued under this chapter or
Utah Code Annotated § 34A-2-110(5)(d): (5) This Subsection
Utah Code Annotated § 34A-2-110(5)(e): (2); (5); (2) A person who violates Subsection
Utah Code Annotated § 34A-2-110(5)(e)(i): (2) a defense to violating Subsection
Utah Code Annotated § 34A-2-110(5)(e)(ii): grounds for suppressing evidence.
Utah Code Annotated § 34A-2-110(6): In the absence of malice, a person, employer, insurer, or governmental entity that reports a suspected fraudulent act relating to a workers' compensation insurance policy or claim is not subject to civil liability for libel, slander, or another relevant cause of action.
Utah Code Annotated § 34A-2-110(7): Title 31A, Chapter 31, Insurance Fraud Act; 31A-31-109
Utah Code Annotated § 34A-2-110(7)(a): Title 31A, Chapter 31, Insurance Fraud Act In an action involving workers' compensation, this section supersedes
Utah Code Annotated § 34A-2-110(7)(b): 31A-31-109 Nothing in this section prohibits the Insurance Department from investigating violations of this section or from pursuing civil or criminal penalties for violations of this section in accordance with Section


Utah Code Annotated § 34A-2-111 Managed health care programs -- Other safety programs.
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Utah Code Annotated § 34A-2-111(1): Title 58, Chapter 5a, Podiatric Physician Licensing Act; Title 58, Chapter 24b, Physical Therapy Practice Act; Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; Title 58, Chapter 70a, Utah Physician Assistant Act; Title 58, Chapter 71, Naturopathic Physician Practice Act; Title 58, Chapter 72, Acupuncture Licensing Act; Title 58, Chapter 73, Chiropractic Physician Practice Act; Title 58, Chapter 31b, Nurse Practice Act; 26B-2-201; 34A-2-201.5 As used in this section:
Utah Code Annotated § 34A-2-111(1)(a): 
Utah Code Annotated § 34A-2-111(1)(a)(i): "Health care provider" means a person who furnishes treatment or care to persons who have suffered bodily injury.
Utah Code Annotated § 34A-2-111(1)(a)(ii): "Health care provider" includes:
Utah Code Annotated § 34A-2-111(1)(a)(ii)(A): a hospital;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(B): a clinic;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(C): an emergency care center;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(D): a physician;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(E): a nurse;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(F): a nurse practitioner;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(G): a physician's assistant;
Utah Code Annotated § 34A-2-111(1)(a)(ii)(H): a paramedic; or
Utah Code Annotated § 34A-2-111(1)(a)(ii)(I): an emergency medical technician.
Utah Code Annotated § 34A-2-111(1)(b): Title 58, Chapter 5a, Podiatric Physician Licensing Act; Title 58, Chapter 24b, Physical Therapy Practice Act; Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; Title 58, Chapter 70a, Utah Physician Assistant Act; Title 58, Chapter 71, Naturopathic Physician Practice Act; Title 58, Chapter 72, Acupuncture Licensing Act; Title 58, Chapter 73, Chiropractic Physician Practice Act; Title 58, Chapter 31b, Nurse Practice Act "Physician" means any health care provider licensed under:
Utah Code Annotated § 34A-2-111(1)(b)(i): Title 58, Chapter 5a, Podiatric Physician Licensing Act
Utah Code Annotated § 34A-2-111(1)(b)(ii): Title 58, Chapter 24b, Physical Therapy Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(iii): Title 58, Chapter 67, Utah Medical Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(iv): Title 58, Chapter 68, Utah Osteopathic Medical Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(v): Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(vi): Title 58, Chapter 70a, Utah Physician Assistant Act
Utah Code Annotated § 34A-2-111(1)(b)(vii): Title 58, Chapter 71, Naturopathic Physician Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(viii): Title 58, Chapter 72, Acupuncture Licensing Act
Utah Code Annotated § 34A-2-111(1)(b)(ix): Title 58, Chapter 73, Chiropractic Physician Practice Act
Utah Code Annotated § 34A-2-111(1)(b)(x): Title 58, Chapter 31b, Nurse Practice Act
Utah Code Annotated § 34A-2-111(1)(c): 26B-2-201 "Preferred health care facility" means a facility:
Utah Code Annotated § 34A-2-111(1)(c)(i): 26B-2-201 that is a health care facility as defined in Section
Utah Code Annotated § 34A-2-111(1)(c)(ii): designated under a managed health care program.
Utah Code Annotated § 34A-2-111(1)(d): "Preferred provider physician" means a physician designated under a managed health care program.
Utah Code Annotated § 34A-2-111(1)(e): 34A-2-201.5 "Self-insured employer" is as defined in Section
Utah Code Annotated § 34A-2-111(2): Chapter 3, Utah Occupational Disease Act; (2); (2)(b)(i); (iii); (2)(c)(i)(B); (2)(c)(i)(A); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII); (2)(c)(i)
Utah Code Annotated § 34A-2-111(2)(a): Chapter 3, Utah Occupational Disease Act; (2) A self-insured employer and insurance carrier may adopt a managed health care program to provide employees the benefits of this chapter or
Utah Code Annotated § 34A-2-111(2)(b): (2)(b)(i); (iii)
Utah Code Annotated § 34A-2-111(2)(b)(i): A preferred provider program may be developed if the preferred provider program allows a selection by the employee of more than one physician in the health care specialty required for treating the specific problem of an industrial patient.
Utah Code Annotated § 34A-2-111(2)(b)(ii): 
Utah Code Annotated § 34A-2-111(2)(b)(ii)(A): Subject to the requirements of this section, if a preferred provider program is developed by an insurance carrier or self-insured employer, an employee is required to use:
Utah Code Annotated § 34A-2-111(2)(b)(ii)(A)(I): preferred provider physicians; and
Utah Code Annotated § 34A-2-111(2)(b)(ii)(A)(II): preferred health care facilities.
Utah Code Annotated § 34A-2-111(2)(b)(ii)(B): If a preferred provider program is not developed, an employee may have free choice of health care providers.
Utah Code Annotated § 34A-2-111(2)(b)(iii): The failure to do the following may, if the employee has been notified of the preferred provider program, result in the employee being obligated for any charges in excess of the preferred provider allowances:
Utah Code Annotated § 34A-2-111(2)(b)(iii)(A): use a preferred health care facility; or
Utah Code Annotated § 34A-2-111(2)(b)(iii)(B): initially receive treatment from a preferred provider physician.
Utah Code Annotated § 34A-2-111(2)(b)(iv): (2)(b)(i); (iii) Notwithstanding the requirements of Subsections
Utah Code Annotated § 34A-2-111(2)(b)(iv)(A): 
Utah Code Annotated § 34A-2-111(2)(b)(iv)(A)(I): 
Utah Code Annotated § 34A-2-111(2)(b)(iv)(A)(I)(Aa): have its own health care facility on or near its worksite or premises; and
Utah Code Annotated § 34A-2-111(2)(b)(iv)(A)(I)(Bb): continue to contract with other health care providers; or
Utah Code Annotated § 34A-2-111(2)(b)(iv)(A)(II): operate a health care facility; and
Utah Code Annotated § 34A-2-111(2)(b)(iv)(B): require employees to first seek treatment at the provided health care or contracted facility.
Utah Code Annotated § 34A-2-111(2)(b)(v): An employee subject to a preferred provider program or employed by an employer having its own health care facility may procure the services of any qualified health care provider:
Utah Code Annotated § 34A-2-111(2)(b)(v)(A): for emergency treatment, if a physician employed in the preferred provider program or at the health care facility is not available for any reason;
Utah Code Annotated § 34A-2-111(2)(b)(v)(B): for conditions the employee in good faith believes are nonindustrial; or
Utah Code Annotated § 34A-2-111(2)(b)(v)(C): when an employee living in a rural area would be unduly burdened by traveling to:
Utah Code Annotated § 34A-2-111(2)(b)(v)(C)(I): a preferred provider physician; or
Utah Code Annotated § 34A-2-111(2)(b)(v)(C)(II): a preferred health care facility.
Utah Code Annotated § 34A-2-111(2)(c): (2)(c)(i)(B); (2)(c)(i)(A); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII); (2)(c)(i)
Utah Code Annotated § 34A-2-111(2)(c)(i): (2)(c)(i)(B); (2)(c)(i)(A); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII)
Utah Code Annotated § 34A-2-111(2)(c)(i)(A): (2)(c)(i)(B) An employer, insurance carrier, or self-insured employer may enter into contracts with the following for the purposes listed in Subsection
Utah Code Annotated § 34A-2-111(2)(c)(i)(A)(I): health care providers;
Utah Code Annotated § 34A-2-111(2)(c)(i)(A)(II): medical review organizations; or
Utah Code Annotated § 34A-2-111(2)(c)(i)(A)(III): vendors of medical goods, services, and supplies including medicines.
Utah Code Annotated § 34A-2-111(2)(c)(i)(B): (2)(c)(i)(A); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII) A contract described in Subsection
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(I): insurance carriers or self-insured employers may form groups in contracting for managed health care services with health care providers;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(II): peer review;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(III): methods of utilization review;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(IV): use of case management;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(V): bill audit;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(VI): discounted purchasing; and
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(VII): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII) the establishment of a reasonable health care treatment protocol program including the implementation of medical treatment and quality care guidelines that are:
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(VII)(Aa): scientifically based;
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(VII)(Bb): peer reviewed; and
Utah Code Annotated § 34A-2-111(2)(c)(i)(B)(VII)(Cc): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(c)(i)(B)(VII) consistent with standards for health care treatment protocol programs that the commission shall establish by rules made in accordance with
Utah Code Annotated § 34A-2-111(2)(c)(ii): (2)(c)(i) An insurance carrier may make any or all of the factors in Subsection
Utah Code Annotated § 34A-2-111(3): (3)(b)(i); 34A-2-103(7)(f); (3)(b); (c)
Utah Code Annotated § 34A-2-111(3)(a): In addition to a managed health care program, an insurance carrier may require an employer to establish a work place safety program if the employer:
Utah Code Annotated § 34A-2-111(3)(a)(i): has an experience modification factor of 1.00 or higher, as determined by the National Council on Compensation Insurance; or
Utah Code Annotated § 34A-2-111(3)(a)(ii): is determined by the insurance carrier to have a three-year loss ratio of 100% or higher.
Utah Code Annotated § 34A-2-111(3)(b): A workplace safety program may include:
Utah Code Annotated § 34A-2-111(3)(b)(i): a written workplace accident and injury reduction program that:
Utah Code Annotated § 34A-2-111(3)(b)(i)(A): promotes safe and healthful working conditions; and
Utah Code Annotated § 34A-2-111(3)(b)(i)(B): is based on clearly stated goals and objectives for meeting those goals; and
Utah Code Annotated § 34A-2-111(3)(b)(ii): a documented review of the workplace accident and injury reduction program each calendar year delineating how procedures set forth in the program are met.
Utah Code Annotated § 34A-2-111(3)(c): (3)(b)(i) A written workplace accident and injury reduction program permitted under Subsection
Utah Code Annotated § 34A-2-111(3)(c)(i): how managers, supervisors, and employees are responsible for implementing the program;
Utah Code Annotated § 34A-2-111(3)(c)(ii): how continued participation of management will be established, measured, and maintained;
Utah Code Annotated § 34A-2-111(3)(c)(iii): the methods used to identify, analyze, and control new or existing hazards, conditions, and operations;
Utah Code Annotated § 34A-2-111(3)(c)(iv): how the program will be communicated to all employees so that the employees are informed of work-related hazards and controls;
Utah Code Annotated § 34A-2-111(3)(c)(v): how workplace accidents will be investigated and corrective action implemented; and
Utah Code Annotated § 34A-2-111(3)(c)(vi): how safe work practices and rules will be enforced.
Utah Code Annotated § 34A-2-111(3)(d): 34A-2-103(7)(f); (3)(b); (c) For the purposes of a workplace accident and injury reduction program of an eligible employer described in Subsection
Utah Code Annotated § 34A-2-111(3)(d)(i): (3)(b); (c) include the provisions described in Subsections
Utah Code Annotated § 34A-2-111(3)(d)(ii): require a written agreement between the employer and all contractors and subcontractors on a project that states that:
Utah Code Annotated § 34A-2-111(3)(d)(ii)(A): the employer has the right to control the manner or method by which the work is executed;
Utah Code Annotated § 34A-2-111(3)(d)(ii)(B): if a contractor, subcontractor, or any employee of a contractor or subcontractor violates the workplace accident and injury reduction program, the employer maintains the right to:
Utah Code Annotated § 34A-2-111(3)(d)(ii)(B)(I): terminate the contract with the contractor or subcontractor;
Utah Code Annotated § 34A-2-111(3)(d)(ii)(B)(II): remove the contractor or subcontractor from the work site; or
Utah Code Annotated § 34A-2-111(3)(d)(ii)(B)(III): require that the contractor or subcontractor not permit an employee that violates the workplace accident and injury reduction program to work on the project for which the employer is procuring work; and
Utah Code Annotated § 34A-2-111(3)(d)(ii)(C): the contractor or subcontractor shall provide safe and appropriate equipment subject to the right of the employer to:
Utah Code Annotated § 34A-2-111(3)(d)(ii)(C)(I): inspect on a regular basis the equipment of a contractor or subcontractor; and
Utah Code Annotated § 34A-2-111(3)(d)(ii)(C)(II): require that the contractor or subcontractor repair, replace, or remove equipment the employer determines not to be safe or appropriate.
Utah Code Annotated § 34A-2-111(4): (3)(b)(i); (ii) The premiums charged to any employer who fails or refuses to establish a workplace safety program pursuant to Subsection


Utah Code Annotated § 34A-2-112 Administration of this chapter and Chapter 3.
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Utah Code Annotated § 34A-2-112(1): Chapter 3, Utah Occupational Disease Act Administration of this chapter and
Utah Code Annotated § 34A-2-112(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act The commission:
Utah Code Annotated § 34A-2-112(2)(a): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act has jurisdiction over every workplace in the state and may administer this chapter and
Utah Code Annotated § 34A-2-112(2)(b): Chapter 3, Utah Occupational Disease Act through the division under the supervision of the director, has the duty and full authority to take any administrative action authorized under this chapter or
Utah Code Annotated § 34A-2-112(2)(c): through the Division of Adjudication, commissioner, and Appeals Board, provide for the adjudication and review of an administrative action, decision, or order of the commission in accordance with this title.


Utah Code Annotated § 34A-2-113 Designated agent required.
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Each workers' compensation insurance carrier writing insurance in this state shall maintain a designated agent in this state that is:Utah Code Annotated § 34A-2-113(1): registered with the division; and
Utah Code Annotated § 34A-2-113(2): Chapter 3, Utah Occupational Disease Act authorized to receive on behalf of the workers' compensation insurance carrier all notices or orders provided for under this chapter or


Utah Code Annotated § 34A-2-114 Unlawful interference -- Penalties.
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Utah Code Annotated § 34A-2-114(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act An employer may not knowingly or intentionally:
Utah Code Annotated § 34A-2-114(1)(a): Chapter 3, Utah Occupational Disease Act impede or diminish an employee's efforts to make a claim or receive workers' compensation benefits under this chapter or
Utah Code Annotated § 34A-2-114(1)(b): Chapter 3, Utah Occupational Disease Act intimidate, coerce, or harass an employee with the intent of preventing the employee from making a claim or receiving workers' compensation benefits under this chapter or
Utah Code Annotated § 34A-2-114(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act An employer may not suspend, discharge, discipline, threaten to discharge or discipline, or otherwise retaliate against an employee solely because the employee:
Utah Code Annotated § 34A-2-114(2)(a): Chapter 3, Utah Occupational Disease Act claims or attempts to claim workers' compensation benefits under this chapter or
Utah Code Annotated § 34A-2-114(2)(b): Chapter 3, Utah Occupational Disease Act reports an employer's noncompliance with a provision of this chapter or
Utah Code Annotated § 34A-2-114(2)(c): testifies or intends to testify in a workers' compensation proceeding.
Utah Code Annotated § 34A-2-114(3): Title 63G, Chapter 4, Administrative Procedures Act; (1); (2) In accordance with
Utah Code Annotated § 34A-2-114(4): 34A-2-704 The division shall deposit any money collected under this section into the Uninsured Employers' Fund created in Section
Utah Code Annotated § 34A-2-114(5): This section does not affect the rights or obligations of an employee or employer under common law.


Utah Code Annotated § 34A-2-201 Employers to secure workers' compensation benefits for employees -- Methods.
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An employer shall secure the payment of workers' compensation benefits for its employees by:Utah Code Annotated § 34A-2-201(1): Title 31A, Insurance Code insuring, and keeping insured, the payment of this compensation with an insurer authorized under
Utah Code Annotated § 34A-2-201(2): 34A-2-201.5; Chapter 3, Utah Occupational Disease Act obtaining approval from the division in accordance with Section


Utah Code Annotated § 34A-2-201.3 Direct payments prohibited except by self-insured employer.
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Utah Code Annotated § 34A-2-201.3(1): 34A-2-201.5; Chapter 3, Utah Occupational Disease Act An employer who is not a self-insured employer, as defined in Section
Utah Code Annotated § 34A-2-201.3(1)(a): to an employee; or
Utah Code Annotated § 34A-2-201.3(1)(b): for the employee.
Utah Code Annotated § 34A-2-201.3(2): Title 63G, Chapter 4, Administrative Procedures Act; (1); 34A-2-201; (2)(a)
Utah Code Annotated § 34A-2-201.3(2)(a): Title 63G, Chapter 4, Administrative Procedures Act; (1); 34A-2-201 Subject to
Utah Code Annotated § 34A-2-201.3(2)(b): (2)(a) The division shall send the notice described in Subsection
Utah Code Annotated § 34A-2-201.3(3): (2); (1); (3)(a); (1)
Utah Code Annotated § 34A-2-201.3(3)(a): (2); (1) If, after the division mails the notice required by Subsection
Utah Code Annotated § 34A-2-201.3(3)(b): (3)(a); (1) If, after the division imposes a penalty under Subsection
Utah Code Annotated § 34A-2-201.3(4): (3); 34A-2-704; 34A-2-704; (4); 34A-2-704
Utah Code Annotated § 34A-2-201.3(4)(a): (3); 34A-2-704; 34A-2-704 The division shall deposit a penalty imposed under Subsection
Utah Code Annotated § 34A-2-201.3(4)(b): (4); 34A-2-704 The administrator of the Uninsured Employers' Fund shall collect money required to be deposited into the Uninsured Employers' Fund under this Subsection
Utah Code Annotated § 34A-2-201.3(5): Chapter 3, Utah Occupational Disease Act; 34A-2-201 A penalty under this section is in addition to any other penalty imposed under this chapter or
Utah Code Annotated § 34A-2-201.3(6): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with


Utah Code Annotated § 34A-2-201.5 Self-insured employer -- Acceptable security -- Procedures.
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Utah Code Annotated § 34A-2-201.5(1): 34A-2-102; 7-1-103; 31A-1-103; (2) As used in this section:
Utah Code Annotated § 34A-2-201.5(1)(a): "Acceptable security" means one or more of the following:
Utah Code Annotated § 34A-2-201.5(1)(a)(i): cash;
Utah Code Annotated § 34A-2-201.5(1)(a)(ii): a surety bond issued:
Utah Code Annotated § 34A-2-201.5(1)(a)(ii)(A): by a person acceptable to the division; and
Utah Code Annotated § 34A-2-201.5(1)(a)(ii)(B): in a form approved by the division;
Utah Code Annotated § 34A-2-201.5(1)(a)(iii): an irrevocable letter of credit issued:
Utah Code Annotated § 34A-2-201.5(1)(a)(iii)(A): by a depository institution acceptable to the division; and
Utah Code Annotated § 34A-2-201.5(1)(a)(iii)(B): in a form approved by the division;
Utah Code Annotated § 34A-2-201.5(1)(a)(iv): a United States Treasury Bill;
Utah Code Annotated § 34A-2-201.5(1)(a)(v): a deposit in a depository institution that:
Utah Code Annotated § 34A-2-201.5(1)(a)(v)(A): has an office located in Utah; and
Utah Code Annotated § 34A-2-201.5(1)(a)(v)(B): is insured by the Federal Deposit Insurance Corporation; or
Utah Code Annotated § 34A-2-201.5(1)(a)(vi): a certificate of deposit in a depository institution that:
Utah Code Annotated § 34A-2-201.5(1)(a)(vi)(A): has an office located in Utah; and
Utah Code Annotated § 34A-2-201.5(1)(a)(vi)(B): is insured by the Federal Deposit Insurance Corporation.
Utah Code Annotated § 34A-2-201.5(1)(b): 34A-2-102 "Compensation" is as defined in Section
Utah Code Annotated § 34A-2-201.5(1)(c): 7-1-103 "Depository institution" is as defined in Section
Utah Code Annotated § 34A-2-201.5(1)(d): "Member of a public agency insurance mutual" means a political subdivision or public agency that is included within a public agency insurance mutual.
Utah Code Annotated § 34A-2-201.5(1)(e): 31A-1-103 "Public agency insurance mutual" is as defined in Section
Utah Code Annotated § 34A-2-201.5(1)(f): (2) "Self-insured employer" means one of the following that is authorized by the division to pay direct workers' compensation benefits under Subsection
Utah Code Annotated § 34A-2-201.5(1)(f)(i): an employer; or
Utah Code Annotated § 34A-2-201.5(1)(f)(ii): a public agency insurance mutual.
Utah Code Annotated § 34A-2-201.5(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 34A-2-704(14); (2); Part 8, Adjudication
Utah Code Annotated § 34A-2-201.5(2)(a): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act If approved by the division as a self-insured employer in accordance with this section:
Utah Code Annotated § 34A-2-201.5(2)(a)(i): Chapter 3, Utah Occupational Disease Act an employer may directly pay compensation in the amount, in the manner, and when due as provided for in this chapter and
Utah Code Annotated § 34A-2-201.5(2)(a)(ii): Chapter 3, Utah Occupational Disease Act a public agency insurance mutual may directly pay compensation:
Utah Code Annotated § 34A-2-201.5(2)(a)(ii)(A): on behalf of the members of the public agency insurance mutual; and
Utah Code Annotated § 34A-2-201.5(2)(a)(ii)(B): Chapter 3, Utah Occupational Disease Act in the amount, in the manner, and when due as provided in this chapter and
Utah Code Annotated § 34A-2-201.5(2)(b): Chapter 3, Utah Occupational Disease Act; 34A-2-704(14) If an employer's or a public agency insurance mutual's application to directly pay compensation as a self-insured employer is approved by the division, the application is considered acceptance:
Utah Code Annotated § 34A-2-201.5(2)(b)(i): Chapter 3, Utah Occupational Disease Act; 34A-2-704(14) of the conditions, liabilities, and responsibilities imposed by this chapter and
Utah Code Annotated § 34A-2-201.5(2)(b)(ii): by:
Utah Code Annotated § 34A-2-201.5(2)(b)(ii)(A): the employer; or
Utah Code Annotated § 34A-2-201.5(2)(b)(ii)(B): 
Utah Code Annotated § 34A-2-201.5(2)(b)(ii)(B)(I): the public agency insurance mutual; and
Utah Code Annotated § 34A-2-201.5(2)(b)(ii)(B)(II): the members of the public agency insurance mutual.
Utah Code Annotated § 34A-2-201.5(2)(c): (2); Part 8, Adjudication The division's denial under this Subsection
Utah Code Annotated § 34A-2-201.5(3): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act To qualify as a self-insured employer, an employer or a public agency insurance mutual shall:
Utah Code Annotated § 34A-2-201.5(3)(a): submit a written application requesting to directly pay compensation as a self-insured employer;
Utah Code Annotated § 34A-2-201.5(3)(b): Chapter 3, Utah Occupational Disease Act annually provide the division proof of the employer's or the public agency insurance mutual's ability to directly pay compensation in the amount, manner, and time provided by this chapter and
Utah Code Annotated § 34A-2-201.5(3)(c): Chapter 3, Utah Occupational Disease Act if requested by the division, deposit acceptable security in the amounts determined by the division to be sufficient to secure the employer's or the public agency insurance mutual's liabilities under this chapter and
Utah Code Annotated § 34A-2-201.5(4): (3)(c); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-201.5(4)(a): (3)(c) Acceptable security deposited by a self-insured employer in accordance with Subsection
Utah Code Annotated § 34A-2-201.5(4)(a)(i): deposited on behalf of the division by the self-insured employer with the state treasurer; and
Utah Code Annotated § 34A-2-201.5(4)(a)(ii): withdrawn only upon written order of the division.
Utah Code Annotated § 34A-2-201.5(4)(b): The self-insured employer has no right, title, interest in, or control over acceptable security that is deposited in accordance with this section.
Utah Code Annotated § 34A-2-201.5(4)(c): Chapter 3, Utah Occupational Disease Act If the division determines that the amount of acceptable security deposited in accordance with this section is in excess of that needed to secure payment of the self-insured employer's liability under this chapter and
Utah Code Annotated § 34A-2-201.5(5): (3)(c); (3)(c); (5)(a); Chapter 3, Utah Occupational Disease Act; (5)(b)(i); (5)(a)
Utah Code Annotated § 34A-2-201.5(5)(a): (3)(c); (3)(c) The division may at any time require a self-insured employer to:
Utah Code Annotated § 34A-2-201.5(5)(a)(i): (3)(c) increase or decrease the amount of acceptable security required to be deposited under Subsection
Utah Code Annotated § 34A-2-201.5(5)(a)(ii): (3)(c) modify the type of acceptable security to be deposited under Subsection
Utah Code Annotated § 34A-2-201.5(5)(b): (5)(a); Chapter 3, Utah Occupational Disease Act; (5)(b)(i); (5)(a)
Utah Code Annotated § 34A-2-201.5(5)(b)(i): (5)(a); Chapter 3, Utah Occupational Disease Act If the division requires a self-insured employer to take an action described in Subsection
Utah Code Annotated § 34A-2-201.5(5)(b)(ii): (5)(b)(i); (5)(a) The perfected security interest created in Subsection
Utah Code Annotated § 34A-2-201.5(6): (2); (6)(a); Part 8, Adjudication
Utah Code Annotated § 34A-2-201.5(6)(a): (2) If an employer or a public agency insurance mutual is approved under Subsection
Utah Code Annotated § 34A-2-201.5(6)(b): (6)(a); Part 8, Adjudication The division's revocation of the employer's or the public agency insurance mutual's approval under Subsection
Utah Code Annotated § 34A-2-201.5(7): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act If the division finds that a self-insured employer has failed to pay compensation that the self-insured employer was liable to pay under this chapter or
Utah Code Annotated § 34A-2-201.5(7)(a): Chapter 3, Utah Occupational Disease Act the self-insured employer's liability under this chapter and
Utah Code Annotated § 34A-2-201.5(7)(b): any costs, including legal fees, associated with the administration of the compensation incurred by:
Utah Code Annotated § 34A-2-201.5(7)(b)(i): the division;
Utah Code Annotated § 34A-2-201.5(7)(b)(ii): a surety;
Utah Code Annotated § 34A-2-201.5(7)(b)(iii): an adjusting agency; or
Utah Code Annotated § 34A-2-201.5(7)(b)(iv): the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-201.5(8): (3)(c); (7); (8)(a)(i)(A); (C); Chapter 3, Utah Occupational Disease Act; (8)(a)(ii); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-201.5(8)(a): (3)(c); (7); (8)(a)(i)(A); (C); Chapter 3, Utah Occupational Disease Act If the division determines that the acceptable security deposited under Subsection
Utah Code Annotated § 34A-2-201.5(8)(a)(i): (8)(a)(i)(A); (C) determine the method of claims administration, which may include administration by:
Utah Code Annotated § 34A-2-201.5(8)(a)(i)(A): a surety;
Utah Code Annotated § 34A-2-201.5(8)(a)(i)(B): an adjusting agency;
Utah Code Annotated § 34A-2-201.5(8)(a)(i)(C): the Uninsured Employers' Fund; or
Utah Code Annotated § 34A-2-201.5(8)(a)(i)(D): (8)(a)(i)(A); (C) any combination of Subsections
Utah Code Annotated § 34A-2-201.5(8)(a)(ii): Chapter 3, Utah Occupational Disease Act audit the self-insured employer's liabilities under this chapter and
Utah Code Annotated § 34A-2-201.5(8)(b): (8)(a)(ii); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act The following shall cooperate in the division's audit under Subsection
Utah Code Annotated § 34A-2-201.5(8)(b)(i): the self-insured employer;
Utah Code Annotated § 34A-2-201.5(8)(b)(ii): if the self-insured employer is a public agency insurance mutual, a member of the public agency insurance mutual;
Utah Code Annotated § 34A-2-201.5(8)(b)(iii): any excess insurer;
Utah Code Annotated § 34A-2-201.5(8)(b)(iv): any adjusting agency;
Utah Code Annotated § 34A-2-201.5(8)(b)(v): a surety;
Utah Code Annotated § 34A-2-201.5(8)(b)(vi): Chapter 3, Utah Occupational Disease Act an employee of a self-insured employer if the employee makes a claim for compensation under this chapter or
Utah Code Annotated § 34A-2-201.5(8)(b)(vii): Chapter 3, Utah Occupational Disease Act an employee of a member of a public agency insurance mutual that is approved as a self-insured employer under this section, if the employee makes a claim for compensation under this chapter or
Utah Code Annotated § 34A-2-201.5(9): 
Utah Code Annotated § 34A-2-201.5(9)(a): Payment by a surety is a full release of the surety's liability under the bond to the extent of that payment, and entitles the surety to full reimbursement by the principal or the principal's estate including reimbursement of:
Utah Code Annotated § 34A-2-201.5(9)(a)(i): necessary attorney's fees; and
Utah Code Annotated § 34A-2-201.5(9)(a)(ii): other costs and expenses.
Utah Code Annotated § 34A-2-201.5(9)(b): A payment, settlement, or administration of benefits made in good faith pursuant to this section by a surety, an adjusting agency, the Uninsured Employers' Fund, or this division is valid and binding as between:
Utah Code Annotated § 34A-2-201.5(9)(b)(i): 
Utah Code Annotated § 34A-2-201.5(9)(b)(i)(A): the surety;
Utah Code Annotated § 34A-2-201.5(9)(b)(i)(B): adjusting agency;
Utah Code Annotated § 34A-2-201.5(9)(b)(i)(C): the Uninsured Employers' Fund; or
Utah Code Annotated § 34A-2-201.5(9)(b)(i)(D): the division;
Utah Code Annotated § 34A-2-201.5(9)(b)(ii): the self-insured employer; and
Utah Code Annotated § 34A-2-201.5(9)(b)(iii): if the self-insured employer is a public agency insurance mutual, the members of the public agency insurance mutual.
Utah Code Annotated § 34A-2-201.5(10): (7)(b); (10)(a); Part 8, Adjudication
Utah Code Annotated § 34A-2-201.5(10)(a): (7)(b) The division shall resolve any dispute concerning:
Utah Code Annotated § 34A-2-201.5(10)(a)(i): the depositing, renewal, termination, exoneration, or return of all or any portion of acceptable security deposited under this section;
Utah Code Annotated § 34A-2-201.5(10)(a)(ii): any liability arising out of the depositing or failure to deposit acceptable security;
Utah Code Annotated § 34A-2-201.5(10)(a)(iii): the adequacy of the acceptable security; or
Utah Code Annotated § 34A-2-201.5(10)(a)(iv): (7)(b) the reasonableness of administrative costs under Subsection
Utah Code Annotated § 34A-2-201.5(10)(b): (10)(a); Part 8, Adjudication The division's decision under Subsection


Utah Code Annotated § 34A-2-202 Assessment on self-insured employers including the state, counties, cities, towns, or school districts paying compensation direct.
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Utah Code Annotated § 34A-2-202(1): 34A-2-201.5; 34A-2-203; (1)(a); 59-9-101(2); 34A-2-202.5; (1)(a); 59-9-101(2); (1)(a); (1)(e); (1)(d)(i); (1)(g); 31A-19a-406; (1)(e)(i); (1)(d)(i); 31A-19a-404; (1)(f)(i); (1)(d)(ii); (1)(f)(i); (1)(h)(ii); 34A-2-201; 34A-2-201.5; (1)(h)
Utah Code Annotated § 34A-2-202(1)(a): 34A-2-201.5; 34A-2-203
Utah Code Annotated § 34A-2-202(1)(a)(i): A self-insured employer, including a county, city, town, or school district, shall pay annually, on or before March 31, an assessment in accordance with this section and rules made by the commission under this section.
Utah Code Annotated § 34A-2-202(1)(a)(ii): 34A-2-201.5; 34A-2-203 For purposes of this section, "self-insured employer" is as defined in Section
Utah Code Annotated § 34A-2-202(1)(b): (1)(a); 59-9-101(2); 34A-2-202.5 The assessment required by Subsection
Utah Code Annotated § 34A-2-202(1)(b)(i): to be collected by the State Tax Commission;
Utah Code Annotated § 34A-2-202(1)(b)(ii): 59-9-101(2) paid by the State Tax Commission into the state treasury as provided in Subsection
Utah Code Annotated § 34A-2-202(1)(b)(iii): 34A-2-202.5 subject to the offset provided in Section
Utah Code Annotated § 34A-2-202(1)(c): (1)(a); 59-9-101(2) The assessment under Subsection
Utah Code Annotated § 34A-2-202(1)(d): (1)(a); (1)(e); (1)(d)(i); (1)(g) The total calculated premium, for purposes of calculating the assessment under Subsection
Utah Code Annotated § 34A-2-202(1)(d)(i): (1)(e) multiplying the total of the standard premium for each class code calculated in Subsection
Utah Code Annotated § 34A-2-202(1)(d)(ii): (1)(d)(i); (1)(g) multiplying the total under Subsection
Utah Code Annotated § 34A-2-202(1)(e): 31A-19a-406; (1)(e)(i) A standard premium shall be calculated by:
Utah Code Annotated § 34A-2-202(1)(e)(i): 31A-19a-406 multiplying the advisory loss cost for the year being considered, as filed with the insurance department pursuant to Section
Utah Code Annotated § 34A-2-202(1)(e)(ii): (1)(e)(i) multiplying the manual rate for each class code under Subsection
Utah Code Annotated § 34A-2-202(1)(f): (1)(d)(i); 31A-19a-404; (1)(f)(i)
Utah Code Annotated § 34A-2-202(1)(f)(i): (1)(d)(i); 31A-19a-404 Each self-insured employer paying compensation direct shall annually obtain the experience modification factor required in Subsection
Utah Code Annotated § 34A-2-202(1)(f)(i)(A): 31A-19a-404 the rate service organization designated by the insurance commissioner in Section
Utah Code Annotated § 34A-2-202(1)(f)(i)(B): for a self-insured employer that is a public agency insurance mutual, an actuary approved by the commission.
Utah Code Annotated § 34A-2-202(1)(f)(ii): (1)(f)(i) If a self-insured employer's experience modification factor under Subsection
Utah Code Annotated § 34A-2-202(1)(g): (1)(d)(ii) To provide incentive for improved safety, the safety factor required in Subsection
Utah Code Annotated § 34A-2-202(1)(h): (1)(f)(i); (1)(h)(ii)
Utah Code Annotated § 34A-2-202(1)(h)(i): A premium or premium assessment modification other than a premium or premium assessment modification under this section may not be allowed.
Utah Code Annotated § 34A-2-202(1)(h)(ii): (1)(f)(i) If a self-insured employer paying compensation direct fails to obtain an experience modification factor as required in Subsection
Utah Code Annotated § 34A-2-202(1)(h)(iii): (1)(h)(ii) Before calculating the total calculated premium under Subsection
Utah Code Annotated § 34A-2-202(1)(h)(iii)(A): shall result in the State Tax Commission using an experience modification factor of 2.00 and a safety factor of 2.00 in calculating the total calculated premium for purposes of determining the assessment; and
Utah Code Annotated § 34A-2-202(1)(h)(iii)(B): may result in the division revoking the self-insured employer's right to pay compensation direct.
Utah Code Annotated § 34A-2-202(1)(i): 34A-2-201; 34A-2-201.5; (1)(h) The division may immediately revoke a self-insured employer's certificate issued under Sections
Utah Code Annotated § 34A-2-202(2): (1)(a); (1)(a); 59-9-104; 59-9-104 Notwithstanding the annual payment requirement in Subsection
Utah Code Annotated § 34A-2-202(3): Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act
Utah Code Annotated § 34A-2-202(3)(a): The State Tax Commission shall have access to all the records of the division for the purpose of auditing and collecting any amounts described in this section.
Utah Code Annotated § 34A-2-202(3)(b): Title 59, Chapter 1, Part 14, Assessment, Collections, and Refunds Act Time periods for the State Tax Commission to allow a refund or make an assessment shall be determined in accordance with
Utah Code Annotated § 34A-2-202(4): 
Utah Code Annotated § 34A-2-202(4)(a): A review of appropriate use of job class assignment and calculation methodology may be conducted as directed by the division at any reasonable time as a condition of the self-insured employer's certification of paying compensation direct.
Utah Code Annotated § 34A-2-202(4)(b): The State Tax Commission shall make any records necessary for the review available to the commission.
Utah Code Annotated § 34A-2-202(4)(c): The commission shall make the results of any review available to the State Tax Commission.


Utah Code Annotated § 34A-2-202.5 Offset for occupational health and safety related donations.
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Utah Code Annotated § 34A-2-202.5(1): Title 53B, Chapter 30, Part 2, Rocky Mountain Center for Occupational and Environmental Health; 34A-2-201.5; 34A-2-202 As used in this section:
Utah Code Annotated § 34A-2-202.5(1)(a): Title 53B, Chapter 30, Part 2, Rocky Mountain Center for Occupational and Environmental Health "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in
Utah Code Annotated § 34A-2-202.5(1)(b): "Qualified donation" means a donation that is:
Utah Code Annotated § 34A-2-202.5(1)(b)(i): cash;
Utah Code Annotated § 34A-2-202.5(1)(b)(ii): given directly to an occupational health and safety center; and
Utah Code Annotated § 34A-2-202.5(1)(b)(iii): given exclusively for the purpose of:
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A): supporting graduate level education and training in fields of:
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A)(I): safety and ergonomics;
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A)(II): industrial hygiene;
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A)(III): occupational health nursing;
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A)(IV): occupational injury prevention; and
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(A)(V): occupational medicine;
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(B): providing continuing education programs for employers designed to promote workplace safety; and
Utah Code Annotated § 34A-2-202.5(1)(b)(iii)(C): paying reasonable administrative, personnel, equipment, and overhead costs of the occupational health and safety center.
Utah Code Annotated § 34A-2-202.5(1)(c): 34A-2-201.5; 34A-2-202 "Self-insured employer" is a self-insured employer as defined in Section
Utah Code Annotated § 34A-2-202.5(2): 34A-2-202; 34A-2-202(1)(d); (2); 59-9-101(2)(c)
Utah Code Annotated § 34A-2-202.5(2)(a): 34A-2-202; 34A-2-202(1)(d) A self-insured employer may offset against the assessment imposed under Section
Utah Code Annotated § 34A-2-202.5(2)(a)(i): the total of qualified donations made by the self-insured employer in the calendar year for which the assessment is calculated; and
Utah Code Annotated § 34A-2-202.5(2)(a)(ii): 34A-2-202(1)(d) .20% of the self-insured employer's total calculated premium calculated under Subsection
Utah Code Annotated § 34A-2-202.5(2)(b): (2); 59-9-101(2)(c) The offset provided under this Subsection
Utah Code Annotated § 34A-2-202.5(3): (1)(b)(iii); (1)(b)(iii); 59-9-102.5 An occupational health and safety center shall:
Utah Code Annotated § 34A-2-202.5(3)(a): provide a self-insured employer a receipt for any qualified donation made by the self-insured employer to the occupational health and safety center;
Utah Code Annotated § 34A-2-202.5(3)(b): (1)(b)(iii); (1)(b)(iii) expend money received by a qualified donation:
Utah Code Annotated § 34A-2-202.5(3)(b)(i): (1)(b)(iii) for the purposes described in Subsection
Utah Code Annotated § 34A-2-202.5(3)(b)(ii): (1)(b)(iii) in a manner that can be audited to ensure that the money is expended for the purposes described in Subsection
Utah Code Annotated § 34A-2-202.5(3)(c): 59-9-102.5 in conjunction with the report required by Section
Utah Code Annotated § 34A-2-202.5(3)(c)(i): the qualified donations received by the occupational health and safety center in the previous calendar year; and
Utah Code Annotated § 34A-2-202.5(3)(c)(ii): the expenditures during the previous calendar year of qualified donations received by the occupational health and safety center.


Utah Code Annotated § 34A-2-203 Payment of premiums for workers' compensation.
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Utah Code Annotated § 34A-2-203(1): Title 31A, Insurance Code; Chapter 3, Utah Occupational Disease Act; Title 63A, Chapter 4, Risk Management; (2) The state shall secure the payment of workers' compensation benefits for its employees:
Utah Code Annotated § 34A-2-203(1)(a): Title 31A, Insurance Code; Chapter 3, Utah Occupational Disease Act by:
Utah Code Annotated § 34A-2-203(1)(a)(i): Title 31A, Insurance Code insuring, and keeping insured, the payment of this compensation with an insurer authorized under
Utah Code Annotated § 34A-2-203(1)(a)(ii): Chapter 3, Utah Occupational Disease Act paying direct compensation as a self-insured employer in the amount, in the manner, and when due as provided for in this chapter or
Utah Code Annotated § 34A-2-203(1)(b): Title 63A, Chapter 4, Risk Management in accordance with
Utah Code Annotated § 34A-2-203(1)(c): (2) subject to Subsection
Utah Code Annotated § 34A-2-203(2): Chapter 3, Utah Occupational Disease Act; 34A-2-202.5; 34A-2-704(14); 34A-2-202; (1)(a)(i); Title 63G, Chapter 6a, Utah Procurement Code
Utah Code Annotated § 34A-2-203(2)(a): Chapter 3, Utah Occupational Disease Act; 34A-2-202.5; 34A-2-704(14); 34A-2-202 If the state determines to secure the payment of workers' compensation benefits for its employees by paying direct compensation as a self-insured employer in the amount, in the manner, and due as provided for in this chapter or
Utah Code Annotated § 34A-2-203(2)(a)(i): 34A-2-202.5; 34A-2-704(14) exempt from Section
Utah Code Annotated § 34A-2-203(2)(a)(ii): 34A-2-202 required to pay a premium assessment as provided in Section
Utah Code Annotated § 34A-2-203(2)(b): (1)(a)(i); Title 63G, Chapter 6a, Utah Procurement Code If the state chooses to pay workers' compensation benefits for its employees through insuring under Subsection


Utah Code Annotated § 34A-2-204 Compliance with chapter -- Notice to employees.
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Utah Code Annotated § 34A-2-204(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act Each employer providing insurance, or electing directly to pay compensation to the employer's injured workers, or the dependents of the employer's killed employees, in accordance with this chapter and
Utah Code Annotated § 34A-2-204(1)(a): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act the employer has complied with this chapter and
Utah Code Annotated § 34A-2-204(1)(b): if such is the case, the employer has been authorized by the division directly to compensate the employees or dependents.
Utah Code Annotated § 34A-2-204(2): (1); (1) The notice required in Subsection


Utah Code Annotated § 34A-2-205 Notification of workers' compensation insurance coverage to division -- Cancellation requirements -- Penalty for violation.
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Utah Code Annotated § 34A-2-205(1): (1)(a); (1)(b); (1)
Utah Code Annotated § 34A-2-205(1)(a): An insurance carrier writing workers' compensation insurance coverage in this state or for this state, regardless of the state in which the policy is written, shall file notification of that coverage with the division or the division's designee within 30 days after the inception date of the policy in the form prescribed by the division.
Utah Code Annotated § 34A-2-205(1)(b): (1)(a) A policy described in Subsection
Utah Code Annotated § 34A-2-205(1)(c): (1)(b) Failure to notify the division or its designee under Subsection
Utah Code Annotated § 34A-2-205(1)(d): (1) An insurance carrier described in this Subsection
Utah Code Annotated § 34A-2-205(1)(d)(i): the reinstatement of a policy;
Utah Code Annotated § 34A-2-205(1)(d)(ii): the changing or addition of a name or address of the insured; or
Utah Code Annotated § 34A-2-205(1)(d)(iii): the merger of an insured with another entity.
Utah Code Annotated § 34A-2-205(1)(e): A filing under this section shall include:
Utah Code Annotated § 34A-2-205(1)(e)(i): the name of the insured;
Utah Code Annotated § 34A-2-205(1)(e)(ii): the principal business address;
Utah Code Annotated § 34A-2-205(1)(e)(iii): any and all assumed name designations;
Utah Code Annotated § 34A-2-205(1)(e)(iv): the address of all locations within this state where business is conducted; and
Utah Code Annotated § 34A-2-205(1)(e)(v): all federal employer identification numbers or federal tax identification numbers.
Utah Code Annotated § 34A-2-205(2): Title 31A, Insurance Code Noncompliance with this section is grounds for revocation of an insurance carrier's certificate of authority in addition to the grounds specified in
Utah Code Annotated § 34A-2-205(3): (3)(a); 34A-2-704; 34A-2-704; (3); 34A-2-704
Utah Code Annotated § 34A-2-205(3)(a): The division may assess an insurer up to $150 if the insurer fails to comply with this section.
Utah Code Annotated § 34A-2-205(3)(b): (3)(a); 34A-2-704; 34A-2-704 The division shall deposit an amount assessed under Subsection
Utah Code Annotated § 34A-2-205(3)(c): (3); 34A-2-704 The administrator of the Uninsured Employers' Fund shall collect money required to be deposited into the Uninsured Employers' Fund under this Subsection
Utah Code Annotated § 34A-2-205(4): (1); 63G-2-305; (4)(a); Title 63G, Chapter 2, Government Records Access and Management Act; (4)(c); Title 63G, Chapter 2, Government Records Access and Management Act; (4)(a); Chapter 3, Utah Occupational Disease Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(c)
Utah Code Annotated § 34A-2-205(4)(a): (1); 63G-2-305 The notification of workers' compensation insurance coverage required to be filed under Subsection
Utah Code Annotated § 34A-2-205(4)(b): (4)(a); Title 63G, Chapter 2, Government Records Access and Management Act; (4)(c); Title 63G, Chapter 2, Government Records Access and Management Act The commission or any of its divisions may not disclose the information described in Subsection
Utah Code Annotated § 34A-2-205(4)(b)(i): Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 34A-2-205(4)(b)(ii): (4)(c); Title 63G, Chapter 2, Government Records Access and Management Act Subsection
Utah Code Annotated § 34A-2-205(4)(c): (4)(a); Chapter 3, Utah Occupational Disease Act The commission may disclose the information described in Subsection
Utah Code Annotated § 34A-2-205(4)(c)(i): the information is disclosed on an individual case basis related to a single employer;
Utah Code Annotated § 34A-2-205(4)(c)(ii): the information facilitates the:
Utah Code Annotated § 34A-2-205(4)(c)(ii)(A): coverage of subcontractors by identifying the insurance carrier providing workers' compensation coverage for an employer;
Utah Code Annotated § 34A-2-205(4)(c)(ii)(B): filing of a claim by an employee; or
Utah Code Annotated § 34A-2-205(4)(c)(ii)(C): payment of services rendered on an employee's claim by a medical practitioner; and
Utah Code Annotated § 34A-2-205(4)(c)(iii): Chapter 3, Utah Occupational Disease Act promotes the purposes of this chapter or
Utah Code Annotated § 34A-2-205(4)(d): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(c) In accordance with


Utah Code Annotated § 34A-2-206 Furnishing information to division -- Employers' annual report -- Rights of division -- Examination of employers under oath -- Penalties.
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Utah Code Annotated § 34A-2-206(1): Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-206(1)(a): Chapter 3, Utah Occupational Disease Act Every employer shall furnish the division, upon request, all information required by it to carry out the purposes of this chapter and
Utah Code Annotated § 34A-2-206(1)(b): In the month of July of each year every employer shall prepare and mail to the division a statement containing the following information:
Utah Code Annotated § 34A-2-206(1)(b)(i): the number of persons employed during the preceding year from July 1, to June 30, inclusive;
Utah Code Annotated § 34A-2-206(1)(b)(ii): the number of the persons employed at each kind of employment;
Utah Code Annotated § 34A-2-206(1)(b)(iii): the scale of wages paid in each class of employment, showing the minimum and maximum wages paid; and
Utah Code Annotated § 34A-2-206(1)(b)(iv): the aggregate amount of wages paid to all employees.
Utah Code Annotated § 34A-2-206(2): (1); (1); (2)(b)(i)
Utah Code Annotated § 34A-2-206(2)(a): (1) The information required under Subsection
Utah Code Annotated § 34A-2-206(2)(b): (1); (2)(b)(i) Every employer shall:
Utah Code Annotated § 34A-2-206(2)(b)(i): (1) answer fully and correctly all questions and give all the information sought by the division under Subsection
Utah Code Annotated § 34A-2-206(2)(b)(ii): (2)(b)(i) if unable to comply with Subsection
Utah Code Annotated § 34A-2-206(3): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-206(3)(a): Chapter 3, Utah Occupational Disease Act The division may require the information required to be furnished by this chapter or
Utah Code Annotated § 34A-2-206(3)(b): Chapter 3, Utah Occupational Disease Act The division, or any person employed by the division for that purpose, shall have the right to examine, under oath, any employer, or the employer's agents or employees, for the purpose of ascertaining any information that the employer is required by this chapter or
Utah Code Annotated § 34A-2-206(4): (4)(a); 34A-2-702; 34A-2-702(7); 34A-2-704
Utah Code Annotated § 34A-2-206(4)(a): The division may seek a penalty of not to exceed $500 for each offense to be recovered in a civil action brought by the commission or the division on behalf of the commission against an employer who:
Utah Code Annotated § 34A-2-206(4)(a)(i): within a reasonable time to be fixed by the division and after the receipt of written notice signed by the director or the director's designee specifying the information demanded and served by certified mail or personal service, refuses to furnish to the division:
Utah Code Annotated § 34A-2-206(4)(a)(i)(A): the annual statement required by this section; or
Utah Code Annotated § 34A-2-206(4)(a)(i)(B): other information as may be required by the division under this section; or
Utah Code Annotated § 34A-2-206(4)(a)(ii): willfully furnishes a false or untrue statement.
Utah Code Annotated § 34A-2-206(4)(b): (4)(a); 34A-2-702; 34A-2-702(7); 34A-2-704 All penalties collected under Subsection
Utah Code Annotated § 34A-2-206(4)(b)(i): 34A-2-702 the Employers' Reinsurance Fund created in Section
Utah Code Annotated § 34A-2-206(4)(b)(ii): 34A-2-702(7); 34A-2-704 if the commissioner has made the notification described in Subsection


Utah Code Annotated § 34A-2-207 Noncompliance -- Civil action by employees.
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Utah Code Annotated § 34A-2-207(1): 34A-2-201; Chapter 3, Utah Occupational Disease Act; (1)(a)
Utah Code Annotated § 34A-2-207(1)(a): 34A-2-201; Chapter 3, Utah Occupational Disease Act Employers who fail to comply with Section
Utah Code Annotated § 34A-2-207(1)(b): (1)(a) In any action described in Subsection
Utah Code Annotated § 34A-2-207(1)(b)(i): the fellow-servant rule;
Utah Code Annotated § 34A-2-207(1)(b)(ii): assumption of risk; or
Utah Code Annotated § 34A-2-207(1)(b)(iii): contributory negligence.
Utah Code Annotated § 34A-2-207(2): Proof of the injury shall constitute prima facie evidence of negligence on the part of the employer and the burden shall be upon the employer to show freedom from negligence resulting in the injury.
Utah Code Annotated § 34A-2-207(3): 34A-2-201; 34A-2-208; 34A-2-212 An employer who fails to comply with Section
Utah Code Annotated § 34A-2-207(4): In any civil action permitted under this section against the employer, the employee shall be entitled to necessary costs and a reasonable attorney fee assessed against the employer.


Utah Code Annotated § 34A-2-208 Right to compensation when employer fails to comply.
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Utah Code Annotated § 34A-2-208(1): 34A-2-207; Chapter 3, Utah Occupational Disease Act; 34A-2-201; (1)(b) Any employee, or the employee's dependents if death has ensued, may, in lieu of proceeding against the employee's employer by civil action in the courts as provided in Section
Utah Code Annotated § 34A-2-208(1)(a): 34A-2-201 the employee's employer failed to comply with Section
Utah Code Annotated § 34A-2-208(1)(b): the employee has been injured by accident arising out of or in the course of the employee's employment, wherever the injury occurred; and
Utah Code Annotated § 34A-2-208(1)(c): (1)(b) the injury described in Subsection
Utah Code Annotated § 34A-2-208(2): (1); 34A-2-801 An application for compensation filed under Subsection
Utah Code Annotated § 34A-2-208(3): (1); Part 8, Adjudication; (3)(a); (3)(a)
Utah Code Annotated § 34A-2-208(3)(a): (1); Part 8, Adjudication If an application for compensation is filed under Subsection
Utah Code Annotated § 34A-2-208(3)(a)(i): the injured employee; or
Utah Code Annotated § 34A-2-208(3)(a)(ii): the employee's dependents in case death has ensued.
Utah Code Annotated § 34A-2-208(3)(b): (3)(a); (3)(a) The employer shall pay the award determined under Subsection


Utah Code Annotated § 34A-2-209 Employer's penalty for violation -- Notice of noncompliance -- Proof required -- Admissible evidence -- Criminal prosecution.
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Utah Code Annotated § 34A-2-209(1): 34A-2-201; (1)(a)(i)
Utah Code Annotated § 34A-2-209(1)(a): 34A-2-201; (1)(a)(i)
Utah Code Annotated § 34A-2-209(1)(a)(i): 34A-2-201 An employer who fails to comply, and every officer of a corporation or association that fails to comply, with Section
Utah Code Annotated § 34A-2-209(1)(a)(ii): (1)(a)(i) Each day's failure to comply with Subsection
Utah Code Annotated § 34A-2-209(1)(b): If the division sends written notice of noncompliance by certified mail or personal service to the last-known address of an employer, a corporation, or an officer of a corporation or association, and the employer, corporation, or officer does not within 10 days of the day on which the notice is delivered provide to the division proof of compliance, the notice and failure to provide proof constitutes prima facie evidence that the employer, corporation, or officer is in violation of this section.
Utah Code Annotated § 34A-2-209(2): 34A-2-201; (2)(a); (2)(a)
Utah Code Annotated § 34A-2-209(2)(a): 34A-2-201 If the division has reason to believe that an employer is conducting business without securing the payment of compensation in a manner provided in Section
Utah Code Annotated § 34A-2-209(2)(a)(i): the employer; or
Utah Code Annotated § 34A-2-209(2)(a)(ii): if the employer is a corporation or association:
Utah Code Annotated § 34A-2-209(2)(a)(ii)(A): the corporation or association; or
Utah Code Annotated § 34A-2-209(2)(a)(ii)(B): the officers of the corporation or association.
Utah Code Annotated § 34A-2-209(2)(b): (2)(a) If an employer, corporation, or officer described in Subsection
Utah Code Annotated § 34A-2-209(2)(c): (2)(a) Each day's failure to comply with Subsection
Utah Code Annotated § 34A-2-209(3): 34A-2-704; 34A-2-704; 34A-2-704 A fine, penalty, or money collected or assessed under this section shall be:
Utah Code Annotated § 34A-2-209(3)(a): 34A-2-704 deposited in the Uninsured Employers' Fund created by Section
Utah Code Annotated § 34A-2-209(3)(b): 34A-2-704 used for the purposes of the Uninsured Employers' Fund specified in Section
Utah Code Annotated § 34A-2-209(3)(c): 34A-2-704 collected by the Uninsured Employers' Fund administrator in accordance with Section
Utah Code Annotated § 34A-2-209(4): 34A-2-205 A form or record kept by the division or its designee pursuant to Section
Utah Code Annotated § 34A-2-209(5): Chapter 3, Utah Occupational Disease Act The commission or division on behalf of the commission may prosecute or request the attorney general or district attorney to prosecute a criminal action in the name of the state to enforce this chapter or


Utah Code Annotated § 34A-2-210 Power to bring suit for noncompliance.
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Utah Code Annotated § 34A-2-210(1): Chapter 3, Utah Occupational Disease Act; 34A-2-201; 34A-2-201
Utah Code Annotated § 34A-2-210(1)(a): Chapter 3, Utah Occupational Disease Act; 34A-2-201 The commission or the division on behalf of the commission may maintain a suit in any court of the state to enjoin any employer, within this chapter or
Utah Code Annotated § 34A-2-210(1)(b): 34A-2-201 Upon a showing of failure to provide for the payment of benefits, the court shall enjoin the further operation of the employer's business until the payment of these benefits has been secured by the employer as required by Section
Utah Code Annotated § 34A-2-210(2): 34A-2-201; (1) If the division has reason to believe that an employer is conducting a business without securing the payment of compensation in one of the ways provided in Section
Utah Code Annotated § 34A-2-210(2)(a): (1) the commission or the division on behalf of the commission may file suit under Subsection
Utah Code Annotated § 34A-2-210(2)(b): the court may, ex parte, issue without bond a temporary injunction restraining the further operation of the employer's business.


Utah Code Annotated § 34A-2-211 Notice of noncompliance to employer -- Enforcement power of division -- Penalty.
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Utah Code Annotated § 34A-2-211(1): 34A-2-210; 34A-2-201; 34A-2-201; 34A-2-201; 34A-2-201; 34A-2-201
Utah Code Annotated § 34A-2-211(1)(a): 34A-2-210; 34A-2-201 In addition to the remedies described in Section
Utah Code Annotated § 34A-2-211(1)(b): 34A-2-201; 34A-2-201 If the employer does not demonstrate compliance with Section
Utah Code Annotated § 34A-2-211(1)(c): 34A-2-201; 34A-2-201 If the division finds that an employer has failed to comply with Section
Utah Code Annotated § 34A-2-211(2): (2)(d); (1)(c); Title 63G, Chapter 4, Administrative Procedures Act; (2); (2)(e); (2)(a); 31A-22-1001; (2)(b)(ii); (2)(c)(ii); (2); 34A-2-201; 34A-2-407; 34A-2-201; (2); 34A-2-201; 34A-2-407; 31A-22-1001; (2)(e)(ii)(A); (2)(e)(i)(D)
Utah Code Annotated § 34A-2-211(2)(a): (2)(d); (1)(c); Title 63G, Chapter 4, Administrative Procedures Act; (2) Except as provided in Subsection
Utah Code Annotated § 34A-2-211(2)(b): (2)(e); (2)(a); 31A-22-1001 Except as provided in Subsection
Utah Code Annotated § 34A-2-211(2)(b)(i): $1,000; or
Utah Code Annotated § 34A-2-211(2)(b)(ii): 31A-22-1001 three times the amount of the premium the employer would have paid for workers' compensation insurance based on the rate filing of the workers' compensation insurance carrier that provides workers' compensation insurance under Section
Utah Code Annotated § 34A-2-211(2)(c): (2)(b)(ii); (2)(c)(ii) For purposes of Subsection
Utah Code Annotated § 34A-2-211(2)(c)(i): (2)(c)(ii) the premium is calculated by applying rates and rate multipliers to the payroll basis under Subsection
Utah Code Annotated § 34A-2-211(2)(c)(ii): the payroll basis is 150% of the state's average weekly wage multiplied by the highest number of workers employed by the employer during the period of the employer's noncompliance multiplied by the number of weeks of the employer's noncompliance up to a maximum of 156 weeks.
Utah Code Annotated § 34A-2-211(2)(d): (2); 34A-2-201; 34A-2-407; 34A-2-201 The division may waive the penalty described in this Subsection
Utah Code Annotated § 34A-2-211(2)(d)(i): 34A-2-201; 34A-2-407
Utah Code Annotated § 34A-2-211(2)(d)(i)(A): the finding of noncompliance is the first finding of noncompliance against the employer under this section;
Utah Code Annotated § 34A-2-211(2)(d)(i)(B): the period of noncompliance was less than 180 days;
Utah Code Annotated § 34A-2-211(2)(d)(i)(C): 34A-2-201 the employer is currently in compliance with Section
Utah Code Annotated § 34A-2-211(2)(d)(i)(D): 34A-2-407 no injury was reported to the division in accordance with Section
Utah Code Annotated § 34A-2-211(2)(d)(ii): 34A-2-201
Utah Code Annotated § 34A-2-211(2)(d)(ii)(A): the employer is a corporation;
Utah Code Annotated § 34A-2-211(2)(d)(ii)(B): each employee of the corporation is an officer of the corporation; and
Utah Code Annotated § 34A-2-211(2)(d)(ii)(C): 34A-2-201 the employer is currently in compliance with Section
Utah Code Annotated § 34A-2-211(2)(e): (2); 34A-2-201; 34A-2-407; 31A-22-1001; (2)(e)(ii)(A); (2)(e)(i)(D)
Utah Code Annotated § 34A-2-211(2)(e)(i): (2); 34A-2-201; 34A-2-407 The division may reduce the penalty described in this Subsection
Utah Code Annotated § 34A-2-211(2)(e)(i)(A): the finding of noncompliance is the first finding of noncompliance against the employer under this section;
Utah Code Annotated § 34A-2-211(2)(e)(i)(B): 34A-2-201 the employer is currently in compliance with Section
Utah Code Annotated § 34A-2-211(2)(e)(i)(C): 34A-2-407 no injury was reported to the division in accordance with Section
Utah Code Annotated § 34A-2-211(2)(e)(i)(D): upon request from the division, the employer submits to the division the employer's payroll records related to the period of noncompliance.
Utah Code Annotated § 34A-2-211(2)(e)(ii): 31A-22-1001; (2)(e)(ii)(A); (2)(e)(i)(D)
Utah Code Annotated § 34A-2-211(2)(e)(ii)(A): 31A-22-1001 The reduced penalty shall be an amount equal to the premium the employer would have paid for workers' compensation insurance based on the rate filing of the workers' compensation insurance carrier that provides workers' compensation insurance under Section
Utah Code Annotated § 34A-2-211(2)(e)(ii)(B): (2)(e)(ii)(A); (2)(e)(i)(D) The division shall calculate the amount described in Subsection
Utah Code Annotated § 34A-2-211(2)(f): The division may reinstate the full penalty amount against an employer if the Uninsured Employers' Fund is ordered to pay benefits for an injury that occurred but was not reported during the period of noncompliance for which the division waived or assessed a reduced penalty under this subsection.
Utah Code Annotated § 34A-2-211(3): (2); 34A-2-704; 34A-2-704; 34A-2-704 A penalty imposed under Subsection
Utah Code Annotated § 34A-2-211(3)(a): 34A-2-704 deposited in the Uninsured Employers' Fund created by Section
Utah Code Annotated § 34A-2-211(3)(b): 34A-2-704 used for the purposes of the Uninsured Employers' Fund specified in Section
Utah Code Annotated § 34A-2-211(3)(c): 34A-2-704 collected by the Uninsured Employers' Fund administrator in accordance with Section
Utah Code Annotated § 34A-2-211(4): (2); (4)(a); (4); Part 8, Adjudication
Utah Code Annotated § 34A-2-211(4)(a): (2) An employer who disputes a determination, imposition, or amount of a penalty imposed under Subsection
Utah Code Annotated § 34A-2-211(4)(b): (4)(a) An employer's request for a hearing under Subsection
Utah Code Annotated § 34A-2-211(4)(c): (4); Part 8, Adjudication An administrative law judge's decision under this Subsection
Utah Code Annotated § 34A-2-211(5): An administrative action issued by the division under this section shall:
Utah Code Annotated § 34A-2-211(5)(a): be in writing;
Utah Code Annotated § 34A-2-211(5)(b): be sent by certified mail or personal service to the last-known address of the employer;
Utah Code Annotated § 34A-2-211(5)(c): state the findings and administrative action of the division; and
Utah Code Annotated § 34A-2-211(5)(d): specify its effective date, which may be:
Utah Code Annotated § 34A-2-211(5)(d)(i): immediate; or
Utah Code Annotated § 34A-2-211(5)(d)(ii): at a later date.
Utah Code Annotated § 34A-2-211(6): A final order of the commission under this section, upon application by the commission made on or after the effective date of the order to a court of general jurisdiction in any county in this state, may be enforced by an order to comply:
Utah Code Annotated § 34A-2-211(6)(a): entered ex parte; and
Utah Code Annotated § 34A-2-211(6)(b): without notice by the court.


Utah Code Annotated § 34A-2-212 Docketing awards in district court -- Enforcing judgment.
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Utah Code Annotated § 34A-2-212(1): (3); Chapter 3, Utah Occupational Disease Act; (1)(a); (b)
Utah Code Annotated § 34A-2-212(1)(a): (3); Chapter 3, Utah Occupational Disease Act Except as provided in Subsection
Utah Code Annotated § 34A-2-212(1)(b): The abstract shall be docketed in the judgment docket of the district court where the abstract is filed.  The time of the receipt of the abstract shall be noted on the abstract by the clerk of the district court and entered in the docket.
Utah Code Annotated § 34A-2-212(1)(c): (1)(a); (b) When filed and docketed under Subsections
Utah Code Annotated § 34A-2-212(1)(d): The district court may issue an execution or a renewal on the order within the same time and in the same manner and with the same effect as if the order were a judgment issued by the district court.
Utah Code Annotated § 34A-2-212(2): (1)
Utah Code Annotated § 34A-2-212(2)(a): If the employer was uninsured at the time of the injury, the county attorney for the county in which the applicant or the employer resides, depending on the district in which the final order is docketed, shall enforce the judgment when requested by the commission or division on behalf of the commission.
Utah Code Annotated § 34A-2-212(2)(b): (1) In an action to enforce an order docketed under Subsection
Utah Code Annotated § 34A-2-212(3): 63G-4-405; 34A-2-413 Unless stayed pursuant to Section


Utah Code Annotated § 34A-2-301 Places of employment to be safe -- Willful neglect -- Penalty.
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Utah Code Annotated § 34A-2-301(1): An employer may not:
Utah Code Annotated § 34A-2-301(1)(a): construct, occupy, or maintain any place of employment that is not safe;
Utah Code Annotated § 34A-2-301(1)(b): require or knowingly permit any employee to be in any employment or place of employment that is not safe;
Utah Code Annotated § 34A-2-301(1)(c): fail to provide and use safety devices and safeguards;
Utah Code Annotated § 34A-2-301(1)(d): remove, disable, or bypass safety devices and safeguards;
Utah Code Annotated § 34A-2-301(1)(e): fail to obey orders of the commission;
Utah Code Annotated § 34A-2-301(1)(f): fail to obey rules of the commission;
Utah Code Annotated § 34A-2-301(1)(g): fail to adopt and use methods and processes reasonably adequate to render the employment and place of employment safe; or
Utah Code Annotated § 34A-2-301(1)(h): fail or neglect to do every other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
Utah Code Annotated § 34A-2-301(2): Compensation as provided in this chapter shall be increased 15%, except in case of injury resulting in death, when injury is caused by the willful failure of an employer to comply with:
Utah Code Annotated § 34A-2-301(2)(a): the law;
Utah Code Annotated § 34A-2-301(2)(b): a rule of the commission;
Utah Code Annotated § 34A-2-301(2)(c): any lawful order of the commission; or
Utah Code Annotated § 34A-2-301(2)(d): the employer's own written workplace safety program.


Utah Code Annotated § 34A-2-302 Employee's willful misconduct -- Penalty.
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Utah Code Annotated § 34A-2-302(1): 58-37-2; 34-41-101; 34-41-101; 34-41-101; 58-37-2 For purposes of this section:
Utah Code Annotated § 34A-2-302(1)(a): 58-37-2 "Controlled substance" is as defined in Section
Utah Code Annotated § 34A-2-302(1)(b): 34-41-101 "Local government employee" is as defined in Section
Utah Code Annotated § 34A-2-302(1)(c): 34-41-101 "Local governmental entity" is as defined in Section
Utah Code Annotated § 34A-2-302(1)(d): 34-41-101 "State institution of higher education" is as defined in Section
Utah Code Annotated § 34A-2-302(1)(e): 58-37-2 "Valid prescription" is a prescription, as defined in Section
Utah Code Annotated § 34A-2-302(1)(e)(i): is prescribed for a controlled substance for use by the employee for whom it was prescribed; and
Utah Code Annotated § 34A-2-302(1)(e)(ii): has not been altered or forged.
Utah Code Annotated § 34A-2-302(2): An employee may not:
Utah Code Annotated § 34A-2-302(2)(a): remove, displace, damage, destroy, or carry away any safety device or safeguard provided for use in any employment or place of employment;
Utah Code Annotated § 34A-2-302(2)(b): interfere in any way with the use of a safety device or safeguard described in Subsection (2)(a) by any other person;
Utah Code Annotated § 34A-2-302(2)(c): interfere with the use of any method or process adopted for the protection of any employee in the employer's employment or place of employment; or
Utah Code Annotated § 34A-2-302(2)(d): fail or neglect to follow and obey orders and to do every other thing reasonably necessary to protect the life, health, and safety of employees.
Utah Code Annotated § 34A-2-302(3): Except in case of injury resulting in death:
Utah Code Annotated § 34A-2-302(3)(a): compensation provided for by this chapter shall be reduced 15% when injury is caused by the willful failure of the employee:
Utah Code Annotated § 34A-2-302(3)(a)(i): to use safety devices when provided by the employer; or
Utah Code Annotated § 34A-2-302(3)(a)(ii): to obey any order or reasonable rule adopted by the employer for the safety of the employee; and
Utah Code Annotated § 34A-2-302(3)(b): except when the employer permitted, encouraged, or had actual knowledge of the conduct described in Subsection (4):
Utah Code Annotated § 34A-2-302(3)(b)(i): disability compensation may not be awarded under this chapter or Chapter 3, Utah Occupational Disease Act, to an employee when the major contributing cause of the employee's injury is the employee's conduct described in Subsection (4); or
Utah Code Annotated § 34A-2-302(3)(b)(ii): disability compensation to an employee under this chapter or Chapter 3, Utah Occupational Disease Act, shall be reduced by 15% when the employee's conduct is a contributing cause of the employee's injury but not the major contributing cause.
Utah Code Annotated § 34A-2-302(4): The conduct described in Subsection (3)(b) is the employee's:
Utah Code Annotated § 34A-2-302(4)(a): knowing use of a controlled substance that the employee did not obtain under a valid prescription;
Utah Code Annotated § 34A-2-302(4)(b): intentional abuse of a controlled substance that the employee obtained under a valid prescription if the employee uses the controlled substance intentionally:
Utah Code Annotated § 34A-2-302(4)(b)(i): in excess of prescribed therapeutic amounts; or
Utah Code Annotated § 34A-2-302(4)(b)(ii): in an otherwise abusive manner; or
Utah Code Annotated § 34A-2-302(4)(c): intoxication from alcohol with a blood or breath alcohol concentration of .05 grams or greater as shown by a chemical test.
Utah Code Annotated § 34A-2-302(5): 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103; 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103; 34-38-13; 34-41-103
Utah Code Annotated § 34A-2-302(5)(a): For purposes of Subsections (3) and (4), as shown by a chemical test that conforms to scientifically accepted analytical methods and procedures and includes verification or confirmation of any positive test result by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method, before the result of the test may be used as a basis for the presumption, it is presumed that the major contributing cause of the employee's injury is the employee's conduct described in Subsection (4) if at the time of the injury:
Utah Code Annotated § 34A-2-302(5)(a)(i): the employee has in the employee's system:
Utah Code Annotated § 34A-2-302(5)(a)(i)(A): any amount of a controlled substance or its metabolites if the employee did not obtain the controlled substance under a valid prescription; or
Utah Code Annotated § 34A-2-302(5)(a)(i)(B): a controlled substance the employee obtained under a valid prescription or the metabolites of the controlled substance if the amount in the employee's system is consistent with the employee using the controlled substance intentionally:
Utah Code Annotated § 34A-2-302(5)(a)(i)(B)(I): in excess of prescribed therapeutic amounts; or
Utah Code Annotated § 34A-2-302(5)(a)(i)(B)(II): in an otherwise abusive manner; or
Utah Code Annotated § 34A-2-302(5)(a)(ii): the employee has a blood or breath alcohol concentration of .05 grams or greater.
Utah Code Annotated § 34A-2-302(5)(b): 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103; 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103 The presumption created under Subsection (5)(a) may be rebutted by a preponderance of the evidence showing that:
Utah Code Annotated § 34A-2-302(5)(b)(i): 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103 the chemical test creating the presumption is inaccurate because the employer failed to comply with:
Utah Code Annotated § 34A-2-302(5)(b)(i)(A): 34-38-4; 34-38-6 Sections
Utah Code Annotated § 34A-2-302(5)(b)(i)(B): 34-41-104; 34-41-103; 34-41-103 if the employer is a local governmental entity or state institution of higher education, Section
Utah Code Annotated § 34A-2-302(5)(b)(ii): the employee did not engage in the conduct described in Subsection (4);
Utah Code Annotated § 34A-2-302(5)(b)(iii): 34-38-4; 34-38-6; 34-41-104; 34-41-103; 34-41-103 the test results do not exclude the possibility of passive inhalation of marijuana because the concentration of total urinary cannabinoids is less than 50 nanograms/ml as determined by a test conducted in accordance with:
Utah Code Annotated § 34A-2-302(5)(b)(iii)(A): 34-38-4; 34-38-6 Sections
Utah Code Annotated § 34A-2-302(5)(b)(iii)(B): 34-41-104; 34-41-103; 34-41-103 if the employer is a local governmental entity or state institution of higher education, Section
Utah Code Annotated § 34A-2-302(5)(b)(iv): a competent medical opinion from a physician verifies that the amount of controlled substances, metabolites, or alcohol in the employee's system does not support a finding that the conduct described in Subsection (4) was the major contributing cause of the employee's injury or a contributing cause of the employee's injury; or
Utah Code Annotated § 34A-2-302(5)(b)(v): 
Utah Code Annotated § 34A-2-302(5)(b)(v)(A): the conduct described in Subsection (4) was not a contributing cause of the employee's injury; or
Utah Code Annotated § 34A-2-302(5)(b)(v)(B): the employee's mental and physical condition were not impaired at the time of the injury.
Utah Code Annotated § 34A-2-302(5)(c): 34-38-13; 34-41-103
Utah Code Annotated § 34A-2-302(5)(c)(i): Except as provided in Subsections (5)(c)(ii) and (iii), if a chemical test that creates the presumption under Subsection (5)(a) is taken at the request of the employer, the employer shall comply with:
Utah Code Annotated § 34A-2-302(5)(c)(i)(A): Title 34, Chapter 38, Drug and Alcohol Testing; or
Utah Code Annotated § 34A-2-302(5)(c)(i)(B): if the employee is a local governmental employee or an employee of a state institution of higher education, Title 34, Chapter 41, Local Governmental Entity Drug-Free Workplace Policies.
Utah Code Annotated § 34A-2-302(5)(c)(ii): 34-38-13 Notwithstanding Section
Utah Code Annotated § 34A-2-302(5)(c)(iii): 34-41-103 Notwithstanding Section
Utah Code Annotated § 34A-2-302(6): 
Utah Code Annotated § 34A-2-302(6)(a): A test sample taken pursuant to this section shall be taken as a split sample.
Utah Code Annotated § 34A-2-302(6)(b): One part of the sample is to be used by the employer for testing pursuant to Subsection (5)(a):
Utah Code Annotated § 34A-2-302(6)(b)(i): at a testing facility selected by the employer; and
Utah Code Annotated § 34A-2-302(6)(b)(ii): at the employer's or the employer's workers' compensation carrier's expense.
Utah Code Annotated § 34A-2-302(6)(c): The testing facility selected under Subsection (6)(b) shall hold the part of the sample not used under Subsection (6)(b) until the sooner of:
Utah Code Annotated § 34A-2-302(6)(c)(i): six months from the date of the original test; or
Utah Code Annotated § 34A-2-302(6)(c)(ii): when the employee requests that the sample be tested.
Utah Code Annotated § 34A-2-302(6)(d): The employee has only six months from the date of the original test to have the remaining sample tested:
Utah Code Annotated § 34A-2-302(6)(d)(i): at the employee's expense; and
Utah Code Annotated § 34A-2-302(6)(d)(ii): at the testing facility selected by the employee, except that the test shall meet the requirements of Subsection (5)(a).
Utah Code Annotated § 34A-2-302(7): If any provision of this section, or the application of any provision of this section to any person or circumstance, is held invalid, the remainder of this section shall be given effect without the invalid provision or application.


Utah Code Annotated § 34A-2-401 Compensation for industrial accidents to be paid.
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Utah Code Annotated § 34A-2-401(1): 34A-2-104 An employee described in Section
Utah Code Annotated § 34A-2-401(1)(a): compensation for loss sustained on account of the injury or death;
Utah Code Annotated § 34A-2-401(1)(b): the amount provided in this chapter for:
Utah Code Annotated § 34A-2-401(1)(b)(i): medical, nurse, and hospital services;
Utah Code Annotated § 34A-2-401(1)(b)(ii): medicines; and
Utah Code Annotated § 34A-2-401(1)(b)(iii): in case of death, the amount of funeral expenses.
Utah Code Annotated § 34A-2-401(2): The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be:
Utah Code Annotated § 34A-2-401(2)(a): on the employer and the employer's insurance carrier; and
Utah Code Annotated § 34A-2-401(2)(b): not on the employee.
Utah Code Annotated § 34A-2-401(3): Chapter 3, Utah Occupational Disease Act Payment of benefits provided by this chapter or


Utah Code Annotated § 34A-2-402 Mental stress claims.
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Utah Code Annotated § 34A-2-402(1): Physical, mental, or emotional injuries related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's injury and employment.
Utah Code Annotated § 34A-2-402(2): 
Utah Code Annotated § 34A-2-402(2)(a): Legal causation requires proof of extraordinary mental stress from a sudden stimulus arising predominantly and directly from employment.
Utah Code Annotated § 34A-2-402(2)(b): The extraordinary and sudden nature of the alleged mental stress is judged according to an objective standard in comparison with contemporary national employment and nonemployment life.
Utah Code Annotated § 34A-2-402(3): Medical causation requires proof that the physical, mental, or emotional injury was medically caused by the mental stress that is the legal cause of the physical, mental, or emotional injury.
Utah Code Annotated § 34A-2-402(4): Good faith employer personnel actions including disciplinary actions, work evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis of compensable mental stress claims under this chapter.
Utah Code Annotated § 34A-2-402(5): Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law may not form the basis of compensable mental stress claims under this chapter.
Utah Code Annotated § 34A-2-402(6): An employee who alleges a compensable industrial accident involving mental stress bears the burden of proof to establish legal and medical causation by a preponderance of the evidence.


Utah Code Annotated § 34A-2-403 Dependents -- Presumption.
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Utah Code Annotated § 34A-2-403(1): (1)(b); (2)(b); (1)(b); (2)(b); 34A-2-702(5)(b)(i); (1)(a)(i); (ii)
Utah Code Annotated § 34A-2-403(1)(a): (1)(b); (2)(b); (1)(b); (2)(b); 34A-2-702(5)(b)(i) The following persons are presumed to be wholly dependent for support upon a deceased employee:
Utah Code Annotated § 34A-2-403(1)(a)(i): (1)(b); (2)(b) a child under 18 years of age, subject to the conditions of Subsections
Utah Code Annotated § 34A-2-403(1)(a)(ii): (1)(b); (2)(b) a child who is 18 years of age or older:
Utah Code Annotated § 34A-2-403(1)(a)(ii)(A): if the child is:
Utah Code Annotated § 34A-2-403(1)(a)(ii)(A)(I): physically or mentally incapacitated; and
Utah Code Annotated § 34A-2-403(1)(a)(ii)(A)(II): dependent upon the parent who is the deceased employee; and
Utah Code Annotated § 34A-2-403(1)(a)(ii)(B): (1)(b); (2)(b) subject to the conditions of Subsections
Utah Code Annotated § 34A-2-403(1)(a)(iii): 34A-2-702(5)(b)(i) for purposes of a payment to be made under Subsection
Utah Code Annotated § 34A-2-403(1)(b): (1)(a)(i); (ii) Subsections
Utah Code Annotated § 34A-2-403(1)(b)(i): the deceased employee be the parent of the child; or
Utah Code Annotated § 34A-2-403(1)(b)(ii): 
Utah Code Annotated § 34A-2-403(1)(b)(ii)(A): the deceased employee be legally bound to support the child; and
Utah Code Annotated § 34A-2-403(1)(b)(ii)(B): the child be living with the deceased employee at the time of the death of the employee.
Utah Code Annotated § 34A-2-403(2): (1); 34A-2-702(5)(b)(iv)
Utah Code Annotated § 34A-2-403(2)(a): (1); 34A-2-702(5)(b)(iv) In a case not provided for in Subsection
Utah Code Annotated § 34A-2-403(2)(a)(i): 34A-2-702(5)(b)(iv) except for purposes of a dependency review under Subsection
Utah Code Annotated § 34A-2-403(2)(a)(ii): subject to the other provisions of this section.
Utah Code Annotated § 34A-2-403(2)(b): A person may not be considered a dependent unless that person is:
Utah Code Annotated § 34A-2-403(2)(b)(i): a member of the family of the deceased employee;
Utah Code Annotated § 34A-2-403(2)(b)(ii): the spouse of the deceased employee;
Utah Code Annotated § 34A-2-403(2)(b)(iii): a lineal descendant or ancestor of the deceased employee; or
Utah Code Annotated § 34A-2-403(2)(b)(iv): a brother or sister of the deceased employee.


Utah Code Annotated § 34A-2-404 Injuries to minors.
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Utah Code Annotated § 34A-2-404(1): Chapter 3, Utah Occupational Disease Act A minor is considered sui juris for the purposes of this chapter and
Utah Code Annotated § 34A-2-404(2): (1) Notwithstanding Subsection


Utah Code Annotated § 34A-2-405 Employee injured outside state -- Entitled to compensation -- Limitation of time.
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Utah Code Annotated § 34A-2-405(1): (2) Except as provided in Subsection
Utah Code Annotated § 34A-2-405(2): This section applies only to those injuries received by the employee within six months after leaving this state, unless prior to the expiration of the six-month period the employer has filed with the division notice that the employer has elected to extend such coverage a greater period of time.


Utah Code Annotated § 34A-2-406 Exemptions from chapter for employees temporarily in state -- Conditions -- Evidence of insurance.
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Utah Code Annotated § 34A-2-406(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 31A-22-1001 Any employee who has been hired in another state and the employee's employer are exempt from this chapter and
Utah Code Annotated § 34A-2-406(1)(a): the employer has furnished workers' compensation insurance coverage under the workers' compensation or similar laws of the other state;
Utah Code Annotated § 34A-2-406(1)(b): the coverage covers the employee's employment while in this state; and
Utah Code Annotated § 34A-2-406(1)(c): Chapter 3, Utah Occupational Disease Act; 31A-22-1001
Utah Code Annotated § 34A-2-406(1)(c)(i): Chapter 3, Utah Occupational Disease Act the extraterritorial provisions of this chapter and
Utah Code Annotated § 34A-2-406(1)(c)(ii): 31A-22-1001 the workers' compensation insurance carrier that provides workers' compensation insurance under Section
Utah Code Annotated § 34A-2-406(1)(c)(ii)(A): is an admitted insurance carrier in the other state; or
Utah Code Annotated § 34A-2-406(1)(c)(ii)(B): has agreements with an insurance carrier and is able to furnish workers' compensation insurance or similar coverage to Utah employers and their subsidiaries or affiliates doing business in the other state.
Utah Code Annotated § 34A-2-406(2): The benefits under the workers' compensation or similar laws of the other state are the exclusive remedy against an employer for any injury, whether resulting in death or not, received by an employee while working for the employer in this state.
Utah Code Annotated § 34A-2-406(3): A certificate from an authorized officer of the industrial commission or similar department of the other state certifying that the employer is insured in the other state and has provided extraterritorial coverage insuring the employer's employees while working in this state is prima facie evidence that the employer carries compensation insurance.


Utah Code Annotated § 34A-2-407 Reporting of industrial injuries -- Regulation of health care providers.
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Utah Code Annotated § 34A-2-407(1): 34A-2-111 As used in this section, "physician" is as defined in Section
Utah Code Annotated § 34A-2-407(2): (2)(a); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-407(2)(a): An employee sustaining an injury arising out of and in the course of employment shall provide notification to the employee's employer promptly of the injury.
Utah Code Annotated § 34A-2-407(2)(b): (2)(a) If the employee is unable to provide the notification required by Subsection
Utah Code Annotated § 34A-2-407(2)(b)(i): the employee's next of kin; or
Utah Code Annotated § 34A-2-407(2)(b)(ii): the employee's attorney.
Utah Code Annotated § 34A-2-407(2)(c): Chapter 3, Utah Occupational Disease Act An employee claiming benefits under this chapter or
Utah Code Annotated § 34A-2-407(3): (3)(b); (2); (3)(a); 34A-2-506
Utah Code Annotated § 34A-2-407(3)(a): (3)(b); (2) An employee is barred for any claim of benefits arising from an injury if the employee fails to notify within the time period described in Subsection
Utah Code Annotated § 34A-2-407(3)(a)(i): (2) the employee's employer in accordance with Subsection
Utah Code Annotated § 34A-2-407(3)(a)(ii): the division.
Utah Code Annotated § 34A-2-407(3)(b): (3)(a); 34A-2-506 The notice required by Subsection
Utah Code Annotated § 34A-2-407(3)(b)(i): 180 days of the day on which the injury occurs; or
Utah Code Annotated § 34A-2-407(3)(b)(ii): 34A-2-506 in the case of an occupational hearing loss, the time period specified in Section
Utah Code Annotated § 34A-2-407(4): (2) The following constitute notification of injury required by Subsection
Utah Code Annotated § 34A-2-407(4)(a): an employer's report filed with:
Utah Code Annotated § 34A-2-407(4)(a)(i): the division; or
Utah Code Annotated § 34A-2-407(4)(a)(ii): the employer's workers' compensation insurance carrier;
Utah Code Annotated § 34A-2-407(4)(b): a physician's injury report filed with:
Utah Code Annotated § 34A-2-407(4)(b)(i): the division;
Utah Code Annotated § 34A-2-407(4)(b)(ii): the employer; or
Utah Code Annotated § 34A-2-407(4)(b)(iii): the employer's workers' compensation insurance carrier;
Utah Code Annotated § 34A-2-407(4)(c): a workers' compensation insurance carrier's report filed with the division; or
Utah Code Annotated § 34A-2-407(4)(d): the payment of any medical or disability benefits by:
Utah Code Annotated § 34A-2-407(4)(d)(i): the employer; or
Utah Code Annotated § 34A-2-407(4)(d)(ii): the employer's workers' compensation insurance carrier.
Utah Code Annotated § 34A-2-407(5): (5)(b); (5)(a); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (5)(b); (5); (9); (9)
Utah Code Annotated § 34A-2-407(5)(a): (5)(b) An employer and the employer's workers' compensation insurance carrier, if any, shall file a report in accordance with the rules made under Subsection
Utah Code Annotated § 34A-2-407(5)(a)(i): work-related fatality; or
Utah Code Annotated § 34A-2-407(5)(a)(ii): work-related injury resulting in:
Utah Code Annotated § 34A-2-407(5)(a)(ii)(A): medical treatment;
Utah Code Annotated § 34A-2-407(5)(a)(ii)(B): loss of consciousness;
Utah Code Annotated § 34A-2-407(5)(a)(ii)(C): loss of work;
Utah Code Annotated § 34A-2-407(5)(a)(ii)(D): restriction of work; or
Utah Code Annotated § 34A-2-407(5)(a)(ii)(E): transfer to another job.
Utah Code Annotated § 34A-2-407(5)(b): (5)(a); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (5)(b) An employer or the employer's workers' compensation insurance carrier, if any, shall file a report required by Subsection
Utah Code Annotated § 34A-2-407(5)(b)(i): be reasonable; and
Utah Code Annotated § 34A-2-407(5)(b)(ii): take into consideration the practicality and cost of complying with the rule.
Utah Code Annotated § 34A-2-407(5)(c): (5); (9); (9) A report is not required to be filed under this Subsection
Utah Code Annotated § 34A-2-407(5)(c)(i): (9) a treating physician files a report with the division in accordance with Subsection
Utah Code Annotated § 34A-2-407(5)(c)(ii): (9) a treating physician is required to file a report with the division in accordance with Subsection
Utah Code Annotated § 34A-2-407(6): (5) An employer and its workers' compensation insurance carrier, if any, required to file a report under Subsection
Utah Code Annotated § 34A-2-407(6)(a): a copy of the report submitted to the division; and
Utah Code Annotated § 34A-2-407(6)(b): a statement, as prepared by the division, of the employee's rights and responsibilities related to the industrial injury.
Utah Code Annotated § 34A-2-407(7): An employer shall maintain a record in a manner prescribed by the commission by rule of all:
Utah Code Annotated § 34A-2-407(7)(a): work-related fatalities; or
Utah Code Annotated § 34A-2-407(7)(b): work-related injuries resulting in:
Utah Code Annotated § 34A-2-407(7)(b)(i): medical treatment;
Utah Code Annotated § 34A-2-407(7)(b)(ii): loss of consciousness;
Utah Code Annotated § 34A-2-407(7)(b)(iii): loss of work;
Utah Code Annotated § 34A-2-407(7)(b)(iv): restriction of work; or
Utah Code Annotated § 34A-2-407(7)(b)(v): transfer to another job.
Utah Code Annotated § 34A-2-407(8): (8)(b); Title 63G, Chapter 4, Administrative Procedures Act; (8); (8); 34A-2-704; 34A-2-704; (8)(c); 34A-2-704
Utah Code Annotated § 34A-2-407(8)(a): (8)(b); Title 63G, Chapter 4, Administrative Procedures Act Except as provided in Subsection
Utah Code Annotated § 34A-2-407(8)(a)(i): Title 63G, Chapter 4, Administrative Procedures Act imposed by the division, subject to the requirements of
Utah Code Annotated § 34A-2-407(8)(a)(ii): that may not exceed $500.
Utah Code Annotated § 34A-2-407(8)(b): (8) An employer or workers' compensation insurance carrier is not subject to the civil assessment under this Subsection
Utah Code Annotated § 34A-2-407(8)(b)(i): the employer or workers' compensation insurance carrier submits a report later than required by this section; and
Utah Code Annotated § 34A-2-407(8)(b)(ii): the division finds that the employer or workers' compensation insurance carrier has shown good cause for submitting a report later than required by this section.
Utah Code Annotated § 34A-2-407(8)(c): (8); 34A-2-704; 34A-2-704; (8)(c); 34A-2-704
Utah Code Annotated § 34A-2-407(8)(c)(i): (8); 34A-2-704; 34A-2-704 A civil assessment collected under this Subsection
Utah Code Annotated § 34A-2-407(8)(c)(ii): (8)(c); 34A-2-704 The administrator of the Uninsured Employers' Fund shall collect money required to be deposited into the Uninsured Employers' Fund under this Subsection
Utah Code Annotated § 34A-2-407(9): 34A-2-407.5; (9)(a); (9)(a); (9)(a)(ii); (iii); 34A-2-407.5; (9)
Utah Code Annotated § 34A-2-407(9)(a): 34A-2-407.5 A physician attending an injured employee shall comply with rules established by the commission regarding:
Utah Code Annotated § 34A-2-407(9)(a)(i): fees for physician's services;
Utah Code Annotated § 34A-2-407(9)(a)(ii): disclosure of medical records of the employee medically relevant to the employee's industrial accident or occupational disease claim;
Utah Code Annotated § 34A-2-407(9)(a)(iii): reports to the division regarding:
Utah Code Annotated § 34A-2-407(9)(a)(iii)(A): the condition and treatment of an injured employee; or
Utah Code Annotated § 34A-2-407(9)(a)(iii)(B): any other matter concerning industrial cases that the physician is treating; and
Utah Code Annotated § 34A-2-407(9)(a)(iv): 34A-2-407.5 rules made under Section
Utah Code Annotated § 34A-2-407(9)(b): (9)(a) A physician who is associated with, employed by, or bills through a hospital is subject to Subsection
Utah Code Annotated § 34A-2-407(9)(c): (9)(a); (9)(a)(ii); (iii); 34A-2-407.5 A hospital providing services for an injured employee is not subject to the requirements of Subsection
Utah Code Annotated § 34A-2-407(9)(d): The commission's schedule of fees may reasonably differentiate remuneration to be paid to providers of health services based on:
Utah Code Annotated § 34A-2-407(9)(d)(i): the severity of the employee's condition;
Utah Code Annotated § 34A-2-407(9)(d)(ii): the nature of the treatment necessary; and
Utah Code Annotated § 34A-2-407(9)(d)(iii): the facilities or equipment specially required to deliver that treatment.
Utah Code Annotated § 34A-2-407(9)(e): (9) This Subsection
Utah Code Annotated § 34A-2-407(10): (9)(a)(iii) A copy of the initial report filed under Subsection
Utah Code Annotated § 34A-2-407(10)(a): the division;
Utah Code Annotated § 34A-2-407(10)(b): the employee; and
Utah Code Annotated § 34A-2-407(10)(c): 
Utah Code Annotated § 34A-2-407(10)(c)(i): the employer; or
Utah Code Annotated § 34A-2-407(10)(c)(ii): the employer's workers' compensation insurance carrier.
Utah Code Annotated § 34A-2-407(11): (11); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 34A-2-201.5; (11)(d); (11)(d); (11)(b); 17-50-501; 17-50-501
Utah Code Annotated § 34A-2-407(11)(a): (11); Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; 34A-2-201.5 As used in this Subsection
Utah Code Annotated § 34A-2-407(11)(a)(i): Chapter 3, Utah Occupational Disease Act "Balance billing" means charging a person, on whose behalf a workers' compensation insurance carrier or self-insured employer is obligated to pay medical benefits under this chapter or
Utah Code Annotated § 34A-2-407(11)(a)(ii): Chapter 3, Utah Occupational Disease Act "Covered medical services" means medical services provided by a hospital that are covered by workers' compensation medical benefits under this chapter or
Utah Code Annotated § 34A-2-407(11)(a)(iii): 34A-2-201.5 "Self-insured employer" means the same as that term is defined in Section
Utah Code Annotated § 34A-2-407(11)(b): (11)(d) Subject to Subsection
Utah Code Annotated § 34A-2-407(11)(c): (11)(d); (11)(b); 17-50-501; 17-50-501 Subject to Subsection
Utah Code Annotated § 34A-2-407(11)(c)(i): (11)(b) in accordance with a contract described in Subsection
Utah Code Annotated § 34A-2-407(11)(c)(ii): 17-50-501; 17-50-501
Utah Code Annotated § 34A-2-407(11)(c)(ii)(A): 17-50-501 if the hospital is located in a county of the first, second, or third class, as classified in Section
Utah Code Annotated § 34A-2-407(11)(c)(ii)(B): 17-50-501 if the hospital is located in a county of the fourth, fifth, or sixth class, as classified in Section
Utah Code Annotated § 34A-2-407(11)(d): A hospital may not engage in balance billing.
Utah Code Annotated § 34A-2-407(12): 34A-1-303; Chapter 3, Utah Occupational Disease Act; (11); (12)(a)(i); (12)(a)(i); (12)(a); 34A-2-211(6); 34A-2-212; (12)(a); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-407(12)(a): 34A-1-303; Chapter 3, Utah Occupational Disease Act; (11); (12)(a)(i); (12)(a)(i) Subject to appellate review under Section
Utah Code Annotated § 34A-2-407(12)(a)(i): Chapter 3, Utah Occupational Disease Act whether goods provided to or services rendered to an employee are compensable pursuant to this chapter or
Utah Code Annotated § 34A-2-407(12)(a)(i)(A): medical, nurse, or hospital services;
Utah Code Annotated § 34A-2-407(12)(a)(i)(B): medicines; and
Utah Code Annotated § 34A-2-407(12)(a)(i)(C): artificial means, appliances, or prosthesis;
Utah Code Annotated § 34A-2-407(12)(a)(ii): (11); (12)(a)(i) except for amounts charged or paid under Subsection
Utah Code Annotated § 34A-2-407(12)(a)(iii): (12)(a)(i) collection issues related to a good or service described in Subsection
Utah Code Annotated § 34A-2-407(12)(b): (12)(a); 34A-2-211(6); 34A-2-212; (12)(a); Chapter 3, Utah Occupational Disease Act Except as provided in Subsection


Utah Code Annotated § 34A-2-407.5 Rules regarding treatment protocols and determinations of medical necessity -- Contracts.
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Utah Code Annotated § 34A-2-407.5(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Chapter 3, Utah Occupational Disease Act The commission may by rule, made in accordance with
Utah Code Annotated § 34A-2-407.5(1)(a): scientifically based;
Utah Code Annotated § 34A-2-407.5(1)(b): peer reviewed; and
Utah Code Annotated § 34A-2-407.5(1)(c): consistent with any general standards for health care treatment protocols that the commission establishes by rule.
Utah Code Annotated § 34A-2-407.5(2): (1) Notwithstanding Subsection
Utah Code Annotated § 34A-2-407.5(2)(a): scientifically based;
Utah Code Annotated § 34A-2-407.5(2)(b): peer reviewed; and
Utah Code Annotated § 34A-2-407.5(2)(c): consistent with any general standards for health care treatment protocols that the commission shall establish by rule.
Utah Code Annotated § 34A-2-407.5(3): 34A-2-111(2)(c)(i)(B)(VII) Nothing in this section shall be construed to prevent:
Utah Code Annotated § 34A-2-407.5(3)(a): 34A-2-111(2)(c)(i)(B)(VII) an insurer or employer from contracting with a provider of health services as permitted by Subsection
Utah Code Annotated § 34A-2-407.5(3)(b): the commission from adjudicating disputes arising under the terms of this section; or
Utah Code Annotated § 34A-2-407.5(3)(c): a provider of health services from bringing to the commission a dispute arising under protocols, guidelines, or other terms of this section.


Utah Code Annotated § 34A-2-408 Compensation -- None for first three days after injury unless disability extended.
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Utah Code Annotated § 34A-2-408(1): (1)(b); (2); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-408(1)(a): (1)(b); (2) Except as provided in Subsections
Utah Code Annotated § 34A-2-408(1)(b): Chapter 3, Utah Occupational Disease Act The disbursements authorized in this chapter or
Utah Code Annotated § 34A-2-408(2): If the period of total temporary disability lasts more than 14 days, compensation shall also be payable for the first three days after the injury is received.


Utah Code Annotated § 34A-2-409 Average weekly wage -- Basis of computation.
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Utah Code Annotated § 34A-2-409(1): Chapter 3, Utah Occupational Disease Act; (1)(g)(i) Except as otherwise provided in this chapter or
Utah Code Annotated § 34A-2-409(1)(a): if at the time of the injury the wages are fixed by the year, the average weekly wage shall be that yearly wage divided by 52;
Utah Code Annotated § 34A-2-409(1)(b): if at the time of the injury the wages are fixed by the month, the average weekly wage shall be that monthly wage divided by 4-1/3;
Utah Code Annotated § 34A-2-409(1)(c): if at the time of the injury the wages are fixed by the week, that amount shall be the average weekly wage;
Utah Code Annotated § 34A-2-409(1)(d): if at the time of the injury the wages are fixed by the day, the weekly wage shall be determined by multiplying the daily wage by the greater of:
Utah Code Annotated § 34A-2-409(1)(d)(i): the number of days and fraction of days in the week during which the employee under a contract of hire was working at the time of the accident, or would have worked if the accident had not intervened; or
Utah Code Annotated § 34A-2-409(1)(d)(ii): three days;
Utah Code Annotated § 34A-2-409(1)(e): if at the time of the injury the wages are fixed by the hour, the average weekly wage shall be determined by multiplying the hourly rate by the greater of:
Utah Code Annotated § 34A-2-409(1)(e)(i): the number of hours the employee would have worked for the week if the accident had not intervened; or
Utah Code Annotated § 34A-2-409(1)(e)(ii): 20 hours;
Utah Code Annotated § 34A-2-409(1)(f): if at the time of the injury the hourly wage has not been fixed or cannot be ascertained, the average weekly wage for the purpose of calculating compensation shall be the usual wage for similar services where those services are rendered by paid employees;
Utah Code Annotated § 34A-2-409(1)(g): (1)(g)(i)
Utah Code Annotated § 34A-2-409(1)(g)(i): if at the time of the injury the wages are fixed by the output of the employee, the average weekly wage shall be the wage most favorable to the employee computed by dividing by 13 the wages, not including overtime or premium pay, of the employee earned through that employer in the first, second, third, or fourth period of 13 consecutive calendar weeks in the 52 weeks immediately preceding the injury; or
Utah Code Annotated § 34A-2-409(1)(g)(ii): (1)(g)(i) if the employee has been employed by that employer less than 13 calendar weeks immediately preceding the injury, the employee's average weekly wage shall be computed as under Subsection
Utah Code Annotated § 34A-2-409(2): (1) If none of the methods in Subsection
Utah Code Annotated § 34A-2-409(3): When the average weekly wage of the injured employee at the time of the injury is determined in accordance with this section, it shall be taken as the basis upon which to compute the weekly compensation rate.  After the weekly compensation is computed, it shall be rounded to the nearest dollar.
Utah Code Annotated § 34A-2-409(4): If it is established that the injured employee was of such age and experience when injured that under natural conditions the employee's wages would be expected to increase, that fact may be considered in arriving at the employee's average weekly wage.


Utah Code Annotated § 34A-2-410 Temporary disability -- Amount of payments -- State average weekly wage defined.
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Utah Code Annotated § 34A-2-410(1): (1)(b); (5); (1)(a)(ii)(B); (C)
Utah Code Annotated § 34A-2-410(1)(a): (1)(b); (5); (1)(a)(ii)(B); (C) Subject to Subsections
Utah Code Annotated § 34A-2-410(1)(a)(i): not more than a maximum of 100% of the state average weekly wage at the time of the injury per week; and
Utah Code Annotated § 34A-2-410(1)(a)(ii): (1)(a)(ii)(B); (C)
Utah Code Annotated § 34A-2-410(1)(a)(ii)(A): (1)(a)(ii)(B); (C) subject to Subsections
Utah Code Annotated § 34A-2-410(1)(a)(ii)(A)(I): $20 for a dependent spouse; and
Utah Code Annotated § 34A-2-410(1)(a)(ii)(A)(II): $20 for each dependent child under the age of 18 years, up to a maximum of four dependent children;
Utah Code Annotated § 34A-2-410(1)(a)(ii)(B): not to exceed the average weekly wage of the employee at the time of the injury; and
Utah Code Annotated § 34A-2-410(1)(a)(ii)(C): not to exceed 100% of the state average weekly wage at the time of the injury per week.
Utah Code Annotated § 34A-2-410(1)(b): In no case shall the compensation benefits exceed 312 weeks at the rate of 100% of the state average weekly wage at the time of the injury over a period of 12 years from the date of the injury.
Utah Code Annotated § 34A-2-410(2): If a light duty medical release is obtained before the employee reaches a fixed state of recovery and no light duty employment is available to the employee from the employer, temporary disability benefits shall continue to be paid.
Utah Code Annotated § 34A-2-410(3): Chapter 3, Utah Occupational Disease Act; (3)(a); (3)(b) The "state average weekly wage" as referred to in this chapter and
Utah Code Annotated § 34A-2-410(3)(a): On or before June 1 of each year, the total wages reported on contribution reports to the Unemployment Insurance Division for the preceding calendar year shall be divided by the average monthly number of insured workers determined by dividing the total insured workers reported for the preceding year by 12.
Utah Code Annotated § 34A-2-410(3)(b): (3)(a) The average annual wage obtained under Subsection
Utah Code Annotated § 34A-2-410(3)(c): (3)(b) The average weekly wage determined under Subsection
Utah Code Annotated § 34A-2-410(4): (3) The state average weekly wage determined under Subsection
Utah Code Annotated § 34A-2-410(4)(a): injuries or disabilities arising from occupational disease that occurred during the 12-month period commencing July 1 following the June 1 determination; and
Utah Code Annotated § 34A-2-410(4)(b): any death resulting from the injuries or disabilities arising from occupational disease.
Utah Code Annotated § 34A-2-410(5): 34A-2-410.5 The commission may reduce or terminate temporary disability compensation in accordance with Section


Utah Code Annotated § 34A-2-410.5 Employee cooperation with reemployment.
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Utah Code Annotated § 34A-2-410.5(1): 58-37-2; 76-8-311.3; 34-41-101; (2)(b); 53B-3-102; 58-37-2 As used in this section:
Utah Code Annotated § 34A-2-410.5(1)(a): 58-37-2 "Controlled substance" is as defined in Section
Utah Code Annotated § 34A-2-410.5(1)(b): 76-8-311.3 "Correctional facility" means:
Utah Code Annotated § 34A-2-410.5(1)(b)(i): 76-8-311.3 a correctional facility as defined in Section
Utah Code Annotated § 34A-2-410.5(1)(b)(ii): a facility operated by or contracting with the federal government to house a criminal offender in either a secure or nonsecure setting.
Utah Code Annotated § 34A-2-410.5(1)(c): "Disability claim" means a claim for compensation for:
Utah Code Annotated § 34A-2-410.5(1)(c)(i): a temporary total disability benefit; or
Utah Code Annotated § 34A-2-410.5(1)(c)(ii): a temporary partial disability benefit.
Utah Code Annotated § 34A-2-410.5(1)(d): 34-41-101 "Local governmental entity" is as defined in Section
Utah Code Annotated § 34A-2-410.5(1)(e): (2)(b) "Reemployment" means employment that:
Utah Code Annotated § 34A-2-410.5(1)(e)(i): is after an accident or occupational disease that is the basis for a disability claim; and
Utah Code Annotated § 34A-2-410.5(1)(e)(ii): (2)(b) in a manner consistent with Subsection
Utah Code Annotated § 34A-2-410.5(1)(e)(ii)(A): education;
Utah Code Annotated § 34A-2-410.5(1)(e)(ii)(B): experience; and
Utah Code Annotated § 34A-2-410.5(1)(e)(ii)(C): physical and mental impairment or condition.
Utah Code Annotated § 34A-2-410.5(1)(f): 53B-3-102 "State institution of higher education" means an institution listed in Section
Utah Code Annotated § 34A-2-410.5(1)(g): 58-37-2 "Valid prescription" is a prescription, as defined in Section
Utah Code Annotated § 34A-2-410.5(1)(g)(i): prescribed for a controlled substance for use by the employee for whom it is prescribed; and
Utah Code Annotated § 34A-2-410.5(1)(g)(ii): not altered or forged.
Utah Code Annotated § 34A-2-410.5(2): (6) In accordance with this section, the commission may reduce or terminate an employee's disability compensation for a disability claim for good cause shown by the employer including if:
Utah Code Annotated § 34A-2-410.5(2)(a): the employer terminates the employee from the reemployment and the termination is:
Utah Code Annotated § 34A-2-410.5(2)(a)(i): reasonable;
Utah Code Annotated § 34A-2-410.5(2)(a)(ii): for cause; and
Utah Code Annotated § 34A-2-410.5(2)(a)(iii): as a result, in whole or in part, of:
Utah Code Annotated § 34A-2-410.5(2)(a)(iii)(A): criminal conduct;
Utah Code Annotated § 34A-2-410.5(2)(a)(iii)(B): violent conduct; or
Utah Code Annotated § 34A-2-410.5(2)(a)(iii)(C): a violation of a reasonable, written workplace health, safety, licensure, or nondiscrimination rule that is applied in a manner that is reasonable and nondiscriminatory;
Utah Code Annotated § 34A-2-410.5(2)(b): the employee is incarcerated in a correctional facility for a period of time that would result in the termination of the employee's reemployment in accordance with a reasonable, written workplace rule that is applied in a manner that is reasonable and nondiscriminatory; or
Utah Code Annotated § 34A-2-410.5(2)(c): (6) subject to Subsection
Utah Code Annotated § 34A-2-410.5(2)(c)(i): 
Utah Code Annotated § 34A-2-410.5(2)(c)(i)(A): for use of a controlled substance that the employee did not obtain under a valid prescription;
Utah Code Annotated § 34A-2-410.5(2)(c)(i)(B): for intentional abuse of a controlled substance that the employee obtained under a valid prescription, if the employee uses the controlled substance intentionally:
Utah Code Annotated § 34A-2-410.5(2)(c)(i)(B)(I): in excess of a prescribed therapeutic amount; or
Utah Code Annotated § 34A-2-410.5(2)(c)(i)(B)(II): in an otherwise abusive manner; or
Utah Code Annotated § 34A-2-410.5(2)(c)(i)(C): for the use of alcohol that results in intoxication from alcohol with a blood or breath alcohol concentration of .05 grams or greater; and
Utah Code Annotated § 34A-2-410.5(2)(c)(ii): in accordance with a reasonable, written workplace rule that is applied in a manner that is reasonable and nondiscriminatory.
Utah Code Annotated § 34A-2-410.5(3): (2) Notwithstanding the other provisions of this section, the employee described in Subsection
Utah Code Annotated § 34A-2-410.5(4): (4); (2)
Utah Code Annotated § 34A-2-410.5(4)(a): An employer or the employer's insurance carrier may file an application for a hearing with the Division of Adjudication to request that an employee's disability compensation for a disability claim be reduced or terminated under this section.
Utah Code Annotated § 34A-2-410.5(4)(b): (4); (2) An action under this Subsection
Utah Code Annotated § 34A-2-410.5(4)(c): An employer or the employer's insurance carrier shall notify the employee that the employer or employer's insurance carrier has filed a request for a hearing under this section within three business days of the day on which the filing is made.
Utah Code Annotated § 34A-2-410.5(5): (4); (2); (5)
Utah Code Annotated § 34A-2-410.5(5)(a): (4); (2) The commission may reduce or terminate the disability compensation of an employee for a disability claim if after a hearing requested under Subsection
Utah Code Annotated § 34A-2-410.5(5)(b): The commission shall issue an order as to whether or not an employee's disability compensation is reduced or terminated under this section by no later than 45 days from the day on which an application for a hearing is filed.
Utah Code Annotated § 34A-2-410.5(5)(c): (5) A reduction or termination of disability compensation under this Subsection
Utah Code Annotated § 34A-2-410.5(5)(d): If the disability compensation is ordered terminated or reduced, the employer or employer's insurance carrier shall treat a resulting overpayment as an offset against the employer's or employer's insurance carrier's future obligations to pay disability compensation to the employee.
Utah Code Annotated § 34A-2-410.5(6): (2)(c); Title 34, Chapter 41, Local Governmental Entity Drug-Free Workplace Policies
Utah Code Annotated § 34A-2-410.5(6)(a): (2)(c) For purposes of Subsection
Utah Code Annotated § 34A-2-410.5(6)(a)(i): in the employee's system during employment:
Utah Code Annotated § 34A-2-410.5(6)(a)(i)(A): any amount of a controlled substance or its metabolites if the employee did not obtain the controlled substance under a valid prescription; or
Utah Code Annotated § 34A-2-410.5(6)(a)(i)(B): a controlled substance the employee obtained under a valid prescription or the metabolites of the controlled substance if the amount in the employee's system is consistent with the employee using the controlled substance intentionally:
Utah Code Annotated § 34A-2-410.5(6)(a)(i)(B)(I): in excess of prescribed therapeutic amounts; or
Utah Code Annotated § 34A-2-410.5(6)(a)(i)(B)(II): in an otherwise abusive manner; or
Utah Code Annotated § 34A-2-410.5(6)(a)(ii): a blood or breath alcohol concentration of .05 grams or greater during employment.
Utah Code Annotated § 34A-2-410.5(6)(b): Title 34, Chapter 41, Local Governmental Entity Drug-Free Workplace Policies A local governmental entity or state institution of higher education shall comply with
Utah Code Annotated § 34A-2-410.5(7): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2) In accordance with
Utah Code Annotated § 34A-2-410.5(7)(a): (2) describing factors to be considered under Subsection
Utah Code Annotated § 34A-2-410.5(7)(b): related to the procedures for a request for a hearing under this section.
Utah Code Annotated § 34A-2-410.5(8): Part 8, Adjudication The adjudication of a dispute arising under this section is governed by
Utah Code Annotated § 34A-2-410.5(9): 34A-2-413 An issue related to an employee's cooperation with regard to a claim for compensation for permanent total disability benefits is governed by Section


Utah Code Annotated § 34A-2-411 Temporary partial disability -- Amount of payments.
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Utah Code Annotated § 34A-2-411(1): If the injury causes temporary partial disability for work, the employee shall receive weekly compensation equal to:
Utah Code Annotated § 34A-2-411(1)(a): 66-2/3% of the difference between the employee's average weekly wages before the accident and the weekly wages the employee is able to earn after the accident, but not more than 100% of the state average weekly wage at the time of injury; plus
Utah Code Annotated § 34A-2-411(1)(b): $20 for a dependent spouse and $20 for each dependent child under the age of 18 years, up to a maximum of four such dependent children, but only up to a total weekly compensation that does not exceed 100% of the state average weekly wage at the time of injury.
Utah Code Annotated § 34A-2-411(2): 34A-2-417 The commission may order an award for temporary partial disability for work at any time prior to 12 years after the date of the injury to an employee:
Utah Code Annotated § 34A-2-411(2)(a): whose physical condition resulting from the injury is not finally healed and fixed 12 years after the date of injury; and
Utah Code Annotated § 34A-2-411(2)(b): 34A-2-417 who files an application for hearing under Section
Utah Code Annotated § 34A-2-411(3): The duration of weekly payments may not exceed 312 weeks nor continue more than 12 years after the date of the injury.  Payments shall terminate when the disability ends or the injured employee dies.


Utah Code Annotated § 34A-2-412 Permanent partial disability -- Scale of payments.
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Utah Code Annotated § 34A-2-412(1): 34A-2-417 An employee who sustained a permanent impairment as a result of an industrial accident and who files an application for hearing under Section
Utah Code Annotated § 34A-2-412(2): Weekly payments may not in any case continue after the disability ends, or the death of the injured person.
Utah Code Annotated § 34A-2-412(3): (4); (6); (3)(a)
Utah Code Annotated § 34A-2-412(3)(a): (4); (6) In the case of the injuries described in Subsections
Utah Code Annotated § 34A-2-412(3)(b): (3)(a) The compensation determined under Subsection
Utah Code Annotated § 34A-2-412(3)(b)(i): paid in routine pay periods not to exceed four weeks for the number of weeks provided for in this section; and
Utah Code Annotated § 34A-2-412(3)(b)(ii): in addition to the compensation provided for temporary total disability and temporary partial disability.
Utah Code Annotated § 34A-2-412(4): For the loss of:
Utah Code Annotated § 34A-2-412(4)(a): Upper extremity
Utah Code Annotated § 34A-2-412(4)(a)(i): Arm
Utah Code Annotated § 34A-2-412(4)(a)(i)(A): Arm and shoulder (forequarter amputation)
Utah Code Annotated § 34A-2-412(4)(a)(i)(B): Arm at shoulder joint, or above deltoid insertion
Utah Code Annotated § 34A-2-412(4)(a)(i)(C): Arm between deltoid insertion and elbow joint, at elbow joint, or
Utah Code Annotated § 34A-2-412(4)(a)(i)(D): Forearm below elbow joint distal to insertion of biceps tendon
Utah Code Annotated § 34A-2-412(4)(a)(ii): Hand
Utah Code Annotated § 34A-2-412(4)(a)(ii)(A): At wrist or midcarpal or midmetacarpal amputation
Utah Code Annotated § 34A-2-412(4)(a)(ii)(B): All fingers except thumb at metacarpophalangeal joints
Utah Code Annotated § 34A-2-412(4)(a)(iii): Thumb
Utah Code Annotated § 34A-2-412(4)(a)(iii)(A): At metacarpophalangeal joint or with resection of
Utah Code Annotated § 34A-2-412(4)(a)(iii)(B): At interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(iv): Index finger
Utah Code Annotated § 34A-2-412(4)(a)(iv)(A): At metacarpophalangeal joint or with resection of metacarpal bone
Utah Code Annotated § 34A-2-412(4)(a)(iv)(B): At proximal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(iv)(C): At distal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(v): Middle finger
Utah Code Annotated § 34A-2-412(4)(a)(v)(A): At metacarpophalangeal joint or with resection of metacarpal bone
Utah Code Annotated § 34A-2-412(4)(a)(v)(B): At proximal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(v)(C): At distal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(vi): Ring finger
Utah Code Annotated § 34A-2-412(4)(a)(vi)(A): At metacarpophalangeal joint or with resection of metacarpal bone
Utah Code Annotated § 34A-2-412(4)(a)(vi)(B): At proximal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(vi)(C): At distal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(vii): Little finger
Utah Code Annotated § 34A-2-412(4)(a)(vii)(A): At metacarpophalangeal joint or with resection of metacarpal bone
Utah Code Annotated § 34A-2-412(4)(a)(vii)(B): At proximal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(a)(vii)(C): At distal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(b): Lower extremity
Utah Code Annotated § 34A-2-412(4)(b)(i): Leg
Utah Code Annotated § 34A-2-412(4)(b)(i)(A): Hemipelvectomy (leg, hip and pelvis)
Utah Code Annotated § 34A-2-412(4)(b)(i)(B): Leg at hip joint or three inches or less below tuberosity of ischium
Utah Code Annotated § 34A-2-412(4)(b)(i)(C): Leg above knee with functional stump, at knee joint or Gritti-Stokes
Utah Code Annotated § 34A-2-412(4)(b)(i)(D): Leg below knee with functional stump
Utah Code Annotated § 34A-2-412(4)(b)(ii): Foot
Utah Code Annotated § 34A-2-412(4)(b)(ii)(A): Foot at ankle
Utah Code Annotated § 34A-2-412(4)(b)(ii)(B): Foot partial amputation (Chopart's)
Utah Code Annotated § 34A-2-412(4)(b)(ii)(C): Foot midmetatarsal amputation
Utah Code Annotated § 34A-2-412(4)(b)(iii): Toes
Utah Code Annotated § 34A-2-412(4)(b)(iii)(A): Great toe
Utah Code Annotated § 34A-2-412(4)(b)(iii)(A)(I): With resection of metatarsal bone
Utah Code Annotated § 34A-2-412(4)(b)(iii)(A)(II): At metatarsophalangeal joint
Utah Code Annotated § 34A-2-412(4)(b)(iii)(A)(III): At interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(b)(iii)(B): Lesser toe (2nd -- 5th)
Utah Code Annotated § 34A-2-412(4)(b)(iii)(B)(I): With resection of metatarsal bone
Utah Code Annotated § 34A-2-412(4)(b)(iii)(B)(II): At metatarsophalangeal joint
Utah Code Annotated § 34A-2-412(4)(b)(iii)(B)(III): At proximal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(b)(iii)(B)(IV): At distal interphalangeal joint
Utah Code Annotated § 34A-2-412(4)(b)(iii)(C): All toes at metatarsophalangeal joints
Utah Code Annotated § 34A-2-412(4)(b)(iv): Miscellaneous
Utah Code Annotated § 34A-2-412(4)(b)(iv)(A): One eye by enucleation
Utah Code Annotated § 34A-2-412(4)(b)(iv)(B): Total blindness of one eye
Utah Code Annotated § 34A-2-412(4)(b)(iv)(C): Total loss of binaural hearing
Utah Code Annotated § 34A-2-412(5): (5); (4)(b)(iv) Permanent and complete loss of use shall be deemed equivalent to loss of the member.  Partial loss or partial loss of use shall be a percentage of the complete loss or loss of use of the member. This Subsection
Utah Code Annotated § 34A-2-412(6): (6)(a)
Utah Code Annotated § 34A-2-412(6)(a): For any permanent impairment caused by an industrial accident that is not otherwise provided for in the schedule of losses in this section, permanent partial disability compensation shall be awarded by the commission based on the medical evidence.
Utah Code Annotated § 34A-2-412(6)(b): (6)(a) Compensation for any impairment described in Subsection
Utah Code Annotated § 34A-2-412(6)(c): Permanent partial disability compensation may not:
Utah Code Annotated § 34A-2-412(6)(c)(i): exceed 312 weeks, which shall be considered the period of compensation for permanent total loss of bodily function; and
Utah Code Annotated § 34A-2-412(6)(c)(ii): be paid for any permanent impairment that existed prior to an industrial accident.
Utah Code Annotated § 34A-2-412(7): The amounts specified in this section are all subject to the limitations as to the maximum weekly amount payable as specified in this section, and in no event shall more than a maximum of 66-2/3% of the state average weekly wage at the time of the injury for a total of 312 weeks in compensation be required to be paid.


Utah Code Annotated § 34A-2-413 Permanent total disability -- Amount of payments -- Rehabilitation.
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Utah Code Annotated § 34A-2-413(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (1)(b); (c)
Utah Code Annotated § 34A-2-413(1)(a): In the case of a permanent total disability resulting from an industrial accident or occupational disease, the employee shall receive compensation as outlined in this section.
Utah Code Annotated § 34A-2-413(1)(b): To establish entitlement to permanent total disability compensation, the employee shall prove by a preponderance of evidence that:
Utah Code Annotated § 34A-2-413(1)(b)(i): the employee sustained a significant impairment or combination of impairments as a result of the industrial accident or occupational disease that gives rise to the permanent total disability entitlement;
Utah Code Annotated § 34A-2-413(1)(b)(ii): the employee has a permanent, total disability; and
Utah Code Annotated § 34A-2-413(1)(b)(iii): the industrial accident or occupational disease is the direct cause of the employee's permanent total disability.
Utah Code Annotated § 34A-2-413(1)(c): To establish that an employee has a permanent, total disability the employee shall prove by a preponderance of the evidence that:
Utah Code Annotated § 34A-2-413(1)(c)(i): the employee is not gainfully employed;
Utah Code Annotated § 34A-2-413(1)(c)(ii): the employee has an impairment or combination of impairments that reasonably limit the employee's ability to do basic work activities;
Utah Code Annotated § 34A-2-413(1)(c)(iii): the industrial or occupationally caused impairment or combination of impairments prevent the employee from performing the essential functions of the work activities for which the employee has been qualified until the time of the industrial accident or occupational disease that is the basis for the employee's permanent total disability claim; and
Utah Code Annotated § 34A-2-413(1)(c)(iv): the employee cannot perform other work reasonably available, taking into consideration the employee's:
Utah Code Annotated § 34A-2-413(1)(c)(iv)(A): age;
Utah Code Annotated § 34A-2-413(1)(c)(iv)(B): education;
Utah Code Annotated § 34A-2-413(1)(c)(iv)(C): past work experience;
Utah Code Annotated § 34A-2-413(1)(c)(iv)(D): medical capacity; and
Utah Code Annotated § 34A-2-413(1)(c)(iv)(E): residual functional capacity.
Utah Code Annotated § 34A-2-413(1)(d): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act Evidence of an employee's entitlement to disability benefits other than those provided under this chapter and
Utah Code Annotated § 34A-2-413(1)(d)(i): may be presented to the commission;
Utah Code Annotated § 34A-2-413(1)(d)(ii): is not binding; and
Utah Code Annotated § 34A-2-413(1)(d)(iii): Chapter 3, Utah Occupational Disease Act creates no presumption of an entitlement under this chapter and
Utah Code Annotated § 34A-2-413(1)(e): (1)(b); (c) In determining under Subsections
Utah Code Annotated § 34A-2-413(1)(e)(i): whether the employee is incarcerated in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting; or
Utah Code Annotated § 34A-2-413(1)(e)(ii): whether the employee is not legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments.
Utah Code Annotated § 34A-2-413(2): (2)(b)(ii); (2)(b)(i); (2)(a); (2)(b) For permanent total disability compensation during the initial 312-week entitlement, compensation is 66-2/3% of the employee's average weekly wage at the time of the injury, limited as follows:
Utah Code Annotated § 34A-2-413(2)(a): compensation per week may not be more than 85% of the state average weekly wage at the time of the injury;
Utah Code Annotated § 34A-2-413(2)(b): (2)(b)(ii); (2)(b)(i); (2)(a)
Utah Code Annotated § 34A-2-413(2)(b)(i): (2)(b)(ii) subject to Subsection
Utah Code Annotated § 34A-2-413(2)(b)(i)(A): $20 for a dependent spouse; and
Utah Code Annotated § 34A-2-413(2)(b)(i)(B): $20 for each dependent child under the age of 18 years, up to a maximum of four dependent minor children; and
Utah Code Annotated § 34A-2-413(2)(b)(ii): (2)(b)(i); (2)(a) the amount calculated under Subsection
Utah Code Annotated § 34A-2-413(2)(b)(ii)(A): (2)(a) the maximum established in Subsection
Utah Code Annotated § 34A-2-413(2)(b)(ii)(B): the average weekly wage of the employee at the time of the injury; and
Utah Code Annotated § 34A-2-413(2)(c): (2)(b) after the initial 312 weeks, the minimum weekly compensation rate under Subsection
Utah Code Annotated § 34A-2-413(3): (3); 34A-2-703; 34A-2-410; 34A-2-412; Part 5, Industrial Noise; (2); (3)(b); (3); 34A-2-703 This Subsection
Utah Code Annotated § 34A-2-413(3)(a): 34A-2-703 The employer or the employer's insurance carrier is liable for the initial 312 weeks of permanent total disability compensation except as outlined in Section
Utah Code Annotated § 34A-2-413(3)(b): 34A-2-410; 34A-2-412; Part 5, Industrial Noise; (2) The employer or the employer's insurance carrier may not be required to pay compensation for any combination of disabilities of any kind, as provided in this section and Sections
Utah Code Annotated § 34A-2-413(3)(c): (3)(b) The Employers' Reinsurance Fund shall for an overpayment of compensation described in Subsection
Utah Code Annotated § 34A-2-413(3)(c)(i): to the employer or the employer's insurance carrier; and
Utah Code Annotated § 34A-2-413(3)(c)(ii): out of the Employers' Reinsurance Fund's liability to the employee.
Utah Code Annotated § 34A-2-413(3)(d): After an employee receives compensation from the employee's employer, the employer's insurance carrier, or the Employers' Reinsurance Fund for any combination of disabilities amounting to 312 weeks of compensation at the applicable permanent total disability compensation rate, the Employers' Reinsurance Fund shall pay all remaining permanent total disability compensation.
Utah Code Annotated § 34A-2-413(3)(e): (3); 34A-2-703 Employers' Reinsurance Fund payments shall commence immediately after the employer or the employer's insurance carrier satisfies its liability under this Subsection
Utah Code Annotated § 34A-2-413(4): (4); 34A-2-410; 34A-2-412; Part 5, Industrial Noise; (2); (4) This Subsection
Utah Code Annotated § 34A-2-413(4)(a): The employer or the employer's insurance carrier is liable for permanent total disability compensation.
Utah Code Annotated § 34A-2-413(4)(b): 34A-2-410; 34A-2-412; Part 5, Industrial Noise; (2) The employer or the employer's insurance carrier may not be required to pay compensation for any combination of disabilities of any kind, as provided in this section and Sections
Utah Code Annotated § 34A-2-413(4)(c): (4) The employer or the employer's insurance carrier may recoup the overpayment of compensation described in Subsection
Utah Code Annotated § 34A-2-413(5): 34A-2-413.5; (5)(a)(ii); (5)(a); (5)(a); (5)(b); 34A-2-212; (5)(b); Chapter 3, Utah Occupational Disease Act; (5)(e)(i); (iii); (5)(e)
Utah Code Annotated § 34A-2-413(5)(a): 34A-2-413.5; (5)(a)(ii) A finding by the commission of permanent total disability is not final, unless otherwise agreed to by the parties, until:
Utah Code Annotated § 34A-2-413(5)(a)(i): 34A-2-413.5 an administrative law judge reviews a summary of reemployment activities undertaken pursuant to Section
Utah Code Annotated § 34A-2-413(5)(a)(ii): the employer or the employer's insurance carrier submits to the administrative law judge:
Utah Code Annotated § 34A-2-413(5)(a)(ii)(A): a reemployment plan as prepared by a qualified rehabilitation provider reasonably designed to return the employee to gainful employment; or
Utah Code Annotated § 34A-2-413(5)(a)(ii)(B): notice that the employer or the employer's insurance carrier will not submit a plan; and
Utah Code Annotated § 34A-2-413(5)(a)(iii): (5)(a)(ii) the administrative law judge, after notice to the parties, holds a hearing, unless otherwise stipulated, to:
Utah Code Annotated § 34A-2-413(5)(a)(iii)(A): consider evidence regarding rehabilitation; and
Utah Code Annotated § 34A-2-413(5)(a)(iii)(B): (5)(a)(ii) review any reemployment plan submitted by the employer or the employer's insurance carrier under Subsection
Utah Code Annotated § 34A-2-413(5)(b): (5)(a) Before commencing the procedure required by Subsection
Utah Code Annotated § 34A-2-413(5)(b)(i): the initiation of permanent total disability compensation payments to provide for the employee's subsistence; and
Utah Code Annotated § 34A-2-413(5)(b)(ii): the payment of any undisputed disability or medical benefits due the employee.
Utah Code Annotated § 34A-2-413(5)(c): (5)(a); (5)(b); 34A-2-212 Notwithstanding Subsection
Utah Code Annotated § 34A-2-413(5)(d): (5)(b); Chapter 3, Utah Occupational Disease Act The employer or the employer's insurance carrier shall be given credit for any disability payments made under Subsection
Utah Code Annotated § 34A-2-413(5)(e): (5)(e)(i); (iii) An employer or the employer's insurance carrier may not be ordered to submit a reemployment plan.  If the employer or the employer's insurance carrier voluntarily submits a plan, the plan is subject to Subsections
Utah Code Annotated § 34A-2-413(5)(e)(i): The plan may include, but not require an employee to pay for:
Utah Code Annotated § 34A-2-413(5)(e)(i)(A): retraining;
Utah Code Annotated § 34A-2-413(5)(e)(i)(B): education;
Utah Code Annotated § 34A-2-413(5)(e)(i)(C): medical and disability compensation benefits;
Utah Code Annotated § 34A-2-413(5)(e)(i)(D): job placement services; or
Utah Code Annotated § 34A-2-413(5)(e)(i)(E): incentives calculated to facilitate reemployment.
Utah Code Annotated § 34A-2-413(5)(e)(ii): The plan shall include payment of reasonable disability compensation to provide for the employee's subsistence during the rehabilitation process.
Utah Code Annotated § 34A-2-413(5)(e)(iii): The employer or the employer's insurance carrier shall diligently pursue the reemployment plan.  The employer's or insurance carrier's failure to diligently pursue the reemployment plan is cause for the administrative law judge on the administrative law judge's own motion to make a final decision of permanent total disability.
Utah Code Annotated § 34A-2-413(5)(f): If a preponderance of the evidence shows that successful rehabilitation is not possible, the administrative law judge shall order that the employee be paid weekly permanent total disability compensation benefits.
Utah Code Annotated § 34A-2-413(5)(g): (5)(e) If a preponderance of the evidence shows that pursuant to a reemployment plan, as prepared by a qualified rehabilitation provider and presented under Subsection
Utah Code Annotated § 34A-2-413(5)(g)(i): incarceration in a facility operated by or contracting with a federal, state, county, or municipal government to house a criminal offender in either a secure or nonsecure setting; or
Utah Code Annotated § 34A-2-413(5)(g)(ii): not being legally eligible to be employed because of a reason unrelated to the impairment or combination of impairments.
Utah Code Annotated § 34A-2-413(6): (6)(b); (6)(d); (6); Part 8, Adjudication; (6)(d)
Utah Code Annotated § 34A-2-413(6)(a): The period of benefits commences on the date the employee acquired the permanent, total disability, as determined by a final order of the commission based on the facts and evidence, and ends:
Utah Code Annotated § 34A-2-413(6)(a)(i): with the death of the employee; or
Utah Code Annotated § 34A-2-413(6)(a)(ii): when the employee is capable of returning to regular, steady work.
Utah Code Annotated § 34A-2-413(6)(b): An employer or the employer's insurance carrier may provide or locate for a permanently totally disabled employee reasonable, medically appropriate, part-time work in a job earning at least minimum wage, except that the employee may not be required to accept the work to the extent that it would disqualify the employee from social security disability benefits.
Utah Code Annotated § 34A-2-413(6)(c): An employee shall:
Utah Code Annotated § 34A-2-413(6)(c)(i): fully cooperate in the placement and employment process; and
Utah Code Annotated § 34A-2-413(6)(c)(ii): accept the reasonable, medically appropriate, part-time work.
Utah Code Annotated § 34A-2-413(6)(d): (6)(b) In a consecutive four-week period when an employee's gross income from the work provided under Subsection
Utah Code Annotated § 34A-2-413(6)(e): (6)(d) If a work opportunity is not provided by the employer or the employer's insurance carrier, an employee with a permanent, total disability may obtain medically appropriate, part-time work subject to the offset provisions of Subsection
Utah Code Annotated § 34A-2-413(6)(f): (6); Part 8, Adjudication
Utah Code Annotated § 34A-2-413(6)(f)(i): The commission shall establish rules regarding the part-time work and offset.
Utah Code Annotated § 34A-2-413(6)(f)(ii): (6); Part 8, Adjudication The adjudication of disputes arising under this Subsection
Utah Code Annotated § 34A-2-413(6)(g): The employer or the employer's insurance carrier has the burden of proof to show that medically appropriate part-time work is available.
Utah Code Annotated § 34A-2-413(6)(h): (6)(d) The administrative law judge may:
Utah Code Annotated § 34A-2-413(6)(h)(i): excuse an employee from participation in any work:
Utah Code Annotated § 34A-2-413(6)(h)(i)(A): that would require the employee to undertake work exceeding the employee's:
Utah Code Annotated § 34A-2-413(6)(h)(i)(A)(I): medical capacity; or
Utah Code Annotated § 34A-2-413(6)(h)(i)(A)(II): residual functional capacity; or
Utah Code Annotated § 34A-2-413(6)(h)(i)(B): for good cause; or
Utah Code Annotated § 34A-2-413(6)(h)(ii): (6)(d) allow the employer or the employer's insurance carrier to reduce permanent total disability benefits as provided in Subsection
Utah Code Annotated § 34A-2-413(7): When an employee is rehabilitated or the employee's rehabilitation is possible but the employee has some loss of bodily function, the award shall be for permanent partial disability.
Utah Code Annotated § 34A-2-413(8): Chapter 3, Utah Occupational Disease Act As determined by an administrative law judge, an employee is not entitled to disability compensation, unless the employee fully cooperates with any evaluation or reemployment plan under this chapter or
Utah Code Annotated § 34A-2-413(9): (9)(a); (9)(a)
Utah Code Annotated § 34A-2-413(9)(a): (9)(a) The loss or permanent and complete loss of the use of the following constitutes total and permanent disability that is compensated according to this section:
Utah Code Annotated § 34A-2-413(9)(a)(i): both hands;
Utah Code Annotated § 34A-2-413(9)(a)(ii): both arms;
Utah Code Annotated § 34A-2-413(9)(a)(iii): both feet;
Utah Code Annotated § 34A-2-413(9)(a)(iv): both legs;
Utah Code Annotated § 34A-2-413(9)(a)(v): both eyes; or
Utah Code Annotated § 34A-2-413(9)(a)(vi): (9)(a) any combination of two body members described in this Subsection
Utah Code Annotated § 34A-2-413(9)(b): (9)(a) A finding of permanent total disability pursuant to Subsection
Utah Code Annotated § 34A-2-413(10): (9); 34A-2-110; (10)(f)(i); (6)
Utah Code Annotated § 34A-2-413(10)(a): (9) An insurer or self-insured employer may periodically reexamine a permanent total disability claim, except those based on Subsection
Utah Code Annotated § 34A-2-413(10)(b): Reexamination may be conducted no more than once every three years after an award is final, unless good cause is shown by the employer or the employer's insurance carrier to allow more frequent reexaminations.
Utah Code Annotated § 34A-2-413(10)(c): 34A-2-110 The reexamination may include:
Utah Code Annotated § 34A-2-413(10)(c)(i): the review of medical records;
Utah Code Annotated § 34A-2-413(10)(c)(ii): employee submission to one or more reasonable medical evaluations;
Utah Code Annotated § 34A-2-413(10)(c)(iii): employee submission to one or more reasonable rehabilitation evaluations and retraining efforts;
Utah Code Annotated § 34A-2-413(10)(c)(iv): employee disclosure of Federal Income Tax Returns;
Utah Code Annotated § 34A-2-413(10)(c)(v): 34A-2-110 employee certification of compliance with Section
Utah Code Annotated § 34A-2-413(10)(c)(vi): employee completion of one or more sworn affidavits or questionnaires approved by the division.
Utah Code Annotated § 34A-2-413(10)(d): The insurer or self-insured employer shall pay for the cost of a reexamination with appropriate employee reimbursement pursuant to rule for reasonable travel allowance and per diem as well as reasonable expert witness fees incurred by the employee in supporting the employee's claim for permanent total disability benefits at the time of reexamination.
Utah Code Annotated § 34A-2-413(10)(e): If an employee fails to fully cooperate in the reasonable reexamination of a permanent total disability finding, an administrative law judge may order the suspension of the employee's permanent total disability benefits until the employee cooperates with the reexamination.
Utah Code Annotated § 34A-2-413(10)(f): (10)(f)(i); (6)
Utah Code Annotated § 34A-2-413(10)(f)(i): If the reexamination of a permanent total disability finding reveals evidence that reasonably raises the issue of an employee's continued entitlement to permanent total disability compensation benefits, an insurer or self-insured employer may petition the Division of Adjudication for a rehearing on that issue.  The insurer or self-insured employer shall include with the petition, documentation supporting the insurer's or self-insured employer's belief that the employee no longer has a permanent, total disability.
Utah Code Annotated § 34A-2-413(10)(f)(ii): (10)(f)(i) If the petition under Subsection
Utah Code Annotated § 34A-2-413(10)(f)(iii): (6) Evidence of an employee's participation in medically appropriate, part-time work may not be the sole basis for termination of an employee's permanent total disability entitlement, but the evidence of the employee's participation in medically appropriate, part-time work under Subsection
Utah Code Annotated § 34A-2-413(10)(g): During the period of reexamination or adjudication, if the employee fully cooperates, each insurer, self-insured employer, or the Employers' Reinsurance Fund shall continue to pay the permanent total disability compensation benefits due the employee.
Utah Code Annotated § 34A-2-413(11): If any provision of this section, or the application of any provision to any person or circumstance, is held invalid, the remainder of this section is given effect without the invalid provision or application.


Utah Code Annotated § 34A-2-413.5 Injured worker reemployment.
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Utah Code Annotated § 34A-2-413.5(1): (5); Chapter 3, Utah Occupational Disease Act As used in this section:
Utah Code Annotated § 34A-2-413.5(1)(a): 
Utah Code Annotated § 34A-2-413.5(1)(a)(i): "Gainful employment" means employment that:
Utah Code Annotated § 34A-2-413.5(1)(a)(i)(A): is reasonably attainable in view of an industrial injury or occupational disease; and
Utah Code Annotated § 34A-2-413.5(1)(a)(i)(B): offers to an injured worker, as reasonably feasible, an opportunity for earnings.
Utah Code Annotated § 34A-2-413.5(1)(a)(ii): Factors considered in determining gainful employment include an injured worker's:
Utah Code Annotated § 34A-2-413.5(1)(a)(ii)(A): education;
Utah Code Annotated § 34A-2-413.5(1)(a)(ii)(B): experience; and
Utah Code Annotated § 34A-2-413.5(1)(a)(ii)(C): physical and mental impairment and condition.
Utah Code Annotated § 34A-2-413.5(1)(b): (5) "Initial written report" means a report described in Subsection
Utah Code Annotated § 34A-2-413.5(1)(c): Chapter 3, Utah Occupational Disease Act "Injured worker" means an employee who sustains an industrial injury or occupational disease for which benefits are provided under this chapter or
Utah Code Annotated § 34A-2-413.5(1)(d): "Injured worker with a disability" means an injured worker who:
Utah Code Annotated § 34A-2-413.5(1)(d)(i): because of the injury or disease that is the basis of the employee being an injured worker:
Utah Code Annotated § 34A-2-413.5(1)(d)(i)(A): is or will be unable to return to work in the injured worker's usual and customary occupation; or
Utah Code Annotated § 34A-2-413.5(1)(d)(i)(B): is unable to perform work for which the injured worker has previous training and experience; and
Utah Code Annotated § 34A-2-413.5(1)(d)(ii): reasonably can be expected to attain gainful employment after an evaluation provided for in accordance with this section.
Utah Code Annotated § 34A-2-413.5(1)(e): "Parties" means:
Utah Code Annotated § 34A-2-413.5(1)(e)(i): an injured worker with a disability;
Utah Code Annotated § 34A-2-413.5(1)(e)(ii): the employer of the injured worker with a disability;
Utah Code Annotated § 34A-2-413.5(1)(e)(iii): the employer's workers' compensation insurance carrier; and
Utah Code Annotated § 34A-2-413.5(1)(e)(iv): a rehabilitation or reemployment professional for the employer or the employer's workers' compensation insurance carrier.
Utah Code Annotated § 34A-2-413.5(1)(f): "Reemployment plan" means a written:
Utah Code Annotated § 34A-2-413.5(1)(f)(i): description or rationale for the manner and means by which it is proposed an injured worker with a disability may return to gainful employment; and
Utah Code Annotated § 34A-2-413.5(1)(f)(ii): definition of the voluntary responsibilities of:
Utah Code Annotated § 34A-2-413.5(1)(f)(ii)(A): the injured worker with a disability;
Utah Code Annotated § 34A-2-413.5(1)(f)(ii)(B): the employer; and
Utah Code Annotated § 34A-2-413.5(1)(f)(ii)(C): one or more other parties involved with the implementation of the reemployment plan.
Utah Code Annotated § 34A-2-413.5(2): 
Utah Code Annotated § 34A-2-413.5(2)(a): This section applies only to an industrial injury or occupational disease that occurs on or after July 1, 1990.
Utah Code Annotated § 34A-2-413.5(2)(b): This section is intended to promote and monitor the state's and the employer's capacity to assist the injured worker in returning to the workforce by evaluating the effectiveness of the voluntary efforts of employers under this section.
Utah Code Annotated § 34A-2-413.5(3): 35A-1-202 This section does not affect the duties of the Utah State Office of Rehabilitation created in Section
Utah Code Annotated § 34A-2-413.5(4): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission may provide for the administration of this section by rule in accordance with
Utah Code Annotated § 34A-2-413.5(5): An employer or the employer's workers' compensation insurance carrier may voluntarily prepare an initial written report assessing an injured worker's need or lack of need for vocational assistance in reemployment if:
Utah Code Annotated § 34A-2-413.5(5)(a): it appears that the injured worker is or will be an injured worker with a disability; or
Utah Code Annotated § 34A-2-413.5(5)(b): the period of the injured worker's temporary total disability compensation period exceeds 90 days.
Utah Code Annotated § 34A-2-413.5(6): (6)(b); (6)(a); (5)(b)
Utah Code Annotated § 34A-2-413.5(6)(a): (6)(b) Subject to Subsection
Utah Code Annotated § 34A-2-413.5(6)(b): (6)(a); (5)(b) If an employer or the employer's workers' compensation insurance carrier serves an initial written report on an injured worker, the employer or the employer's workers' compensation insurance carrier shall comply with Subsection
Utah Code Annotated § 34A-2-413.5(6)(b)(i): it appears that the injured worker is or will be an injured worker with a disability; or
Utah Code Annotated § 34A-2-413.5(6)(b)(ii): (5)(b) the 90-day period described in Subsection
Utah Code Annotated § 34A-2-413.5(7): With the initial written report, if one is prepared and used in the determination process, an employer or the employer's workers' compensation insurance carrier shall provide an injured worker information regarding reemployment.
Utah Code Annotated § 34A-2-413.5(8): Subject to the other provisions of this section, if an injured worker is an injured worker with a disability, the employer or the employer's workers' compensation insurance carrier may, within 10 days after the day on which the employer or workers' compensation insurance carrier serves the initial written report on the injured worker, refer the injured worker with a disability to:
Utah Code Annotated § 34A-2-413.5(8)(a): the Utah State Office of Rehabilitation; or
Utah Code Annotated § 34A-2-413.5(8)(b): at the employer's or workers' compensation insurance carrier's option, a private rehabilitation or reemployment service.
Utah Code Annotated § 34A-2-413.5(9): (8) An employer or the employer's workers' compensation insurance carrier shall make the referral required by Subsection
Utah Code Annotated § 34A-2-413.5(9)(a): providing an evaluation; and
Utah Code Annotated § 34A-2-413.5(9)(b): developing a reemployment plan.
Utah Code Annotated § 34A-2-413.5(10): The objective of reemployment is to return an injured worker with a disability to gainful employment in the following order of employment priority:
Utah Code Annotated § 34A-2-413.5(10)(a): same job, same employer;
Utah Code Annotated § 34A-2-413.5(10)(b): modified job, same employer;
Utah Code Annotated § 34A-2-413.5(10)(c): same job, new employer;
Utah Code Annotated § 34A-2-413.5(10)(d): modified job, new employer;
Utah Code Annotated § 34A-2-413.5(10)(e): new job, new employer; or
Utah Code Annotated § 34A-2-413.5(10)(f): retraining in a new occupation.
Utah Code Annotated § 34A-2-413.5(11): Nothing in this section or its application is intended to:
Utah Code Annotated § 34A-2-413.5(11)(a): modify or in any way affect an existing employee-employer relationship; or
Utah Code Annotated § 34A-2-413.5(11)(b): provide an employee with a guarantee or right to employment or continued employment with an employer.
Utah Code Annotated § 34A-2-413.5(12): (8) A rehabilitation counselor to whom a referral is made under Subsection


Utah Code Annotated § 34A-2-414 Benefits in case of death -- Distribution of award to dependents -- Death of dependents -- Remarriage of surviving spouse.
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Utah Code Annotated § 34A-2-414(1): (1)(a); (1)(b)
Utah Code Annotated § 34A-2-414(1)(a): Subject to the other provisions of this section, benefits in case of death of an employee shall be paid to one or more of the dependents of the decedent employee for the benefit of all the dependents.
Utah Code Annotated § 34A-2-414(1)(b): Unless another apportionment is determined by the commission, benefits in case of death of an employee shall be apportioned among the dependents by:
Utah Code Annotated § 34A-2-414(1)(b)(i): dividing the amount of benefits by the number of dependents; and
Utah Code Annotated § 34A-2-414(1)(b)(ii): allotting each dependent an equal share.
Utah Code Annotated § 34A-2-414(1)(c): (1)(a); (1)(b) If one or more of the dependents described in Subsection
Utah Code Annotated § 34A-2-414(1)(d): In the case of a minor child who is a dependent, a benefit shall be paid to:
Utah Code Annotated § 34A-2-414(1)(d)(i): the minor child's surviving parent; or
Utah Code Annotated § 34A-2-414(1)(d)(ii): if there is no surviving parent, a court appointed custodian or guardian.
Utah Code Annotated § 34A-2-414(2): A dependent or a person to whom a benefit is paid for a dependent, shall apply the benefit to the use of the one or more beneficiaries.
Utah Code Annotated § 34A-2-414(3): In all cases of death, if:
Utah Code Annotated § 34A-2-414(3)(a): the dependents are a surviving spouse and one or more minor children, it is sufficient for the surviving spouse to apply for benefits on behalf of the surviving spouse and the minor children; and
Utah Code Annotated § 34A-2-414(3)(b): all of the dependents are minor children, a guardian or next friend of the minor dependents shall apply for the benefits.
Utah Code Annotated § 34A-2-414(4): (4)(a); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a)
Utah Code Annotated § 34A-2-414(4)(a): An administrative law judge may, for the purpose of protecting the rights and interests of a minor dependent who does not have a surviving parent or court appointed custodian or guardian, direct that the benefits be deposited into an interest bearing account for the purpose of receiving a payment due the minor dependent.
Utah Code Annotated § 34A-2-414(4)(b): (4)(a) Money deposited into an interest bearing account under Subsection
Utah Code Annotated § 34A-2-414(4)(b)(i): a court appointed custodian or guardian of the minor dependent when the custodian or guardian is appointed; or
Utah Code Annotated § 34A-2-414(4)(b)(ii): a minor dependent when the minor dependent becomes 18 years of age.
Utah Code Annotated § 34A-2-414(4)(c): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (4)(a) The commission, in accordance with
Utah Code Annotated § 34A-2-414(5): Chapter 3, Utah Occupational Disease Act If a dependent of a deceased employee dies during the period covered by weekly payments authorized by this section, the right of the deceased dependent to compensation under this chapter or
Utah Code Annotated § 34A-2-414(6): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-414(6)(a): Chapter 3, Utah Occupational Disease Act If a surviving spouse, who is a dependent of a deceased employee and who is receiving the benefits of this chapter or
Utah Code Annotated § 34A-2-414(6)(a)(i): the balance of the weekly compensation payments unpaid:
Utah Code Annotated § 34A-2-414(6)(a)(i)(A): from the day on which the surviving spouse remarries; and
Utah Code Annotated § 34A-2-414(6)(a)(i)(B): to the end of 312 weeks from the date of the injury from which death resulted; or
Utah Code Annotated § 34A-2-414(6)(a)(ii): an amount equal to 52 weeks of compensation at the weekly compensation rate the surviving spouse is receiving at the time of the remarriage.
Utah Code Annotated § 34A-2-414(6)(b): Chapter 3, Utah Occupational Disease Act If there are other dependents remaining as of the day on which a surviving spouse remarries, benefits payable under this chapter or
Utah Code Annotated § 34A-2-414(7): Weekly benefits to be paid under this section shall be paid at intervals of not less than four weeks.


Utah Code Annotated § 34A-2-415 Increase of benefits to a dependent -- Effect of death, marriage, majority, or termination of dependency of children -- Death, divorce, or remarriage of spouse.
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If a benefit is made to, or increased because of a dependent spouse or dependent minor child, as provided in this chapter orUtah Code Annotated § 34A-2-415(1): a minor child:
Utah Code Annotated § 34A-2-415(1)(a): dies;
Utah Code Annotated § 34A-2-415(1)(b): marries;
Utah Code Annotated § 34A-2-415(1)(c): becomes 18 years of age; or
Utah Code Annotated § 34A-2-415(1)(d): is no longer dependent; or
Utah Code Annotated § 34A-2-415(2): 34A-2-414 the spouse of the employee:
Utah Code Annotated § 34A-2-415(2)(a): dies;
Utah Code Annotated § 34A-2-415(2)(b): divorces the employee; or
Utah Code Annotated § 34A-2-415(2)(c): 34A-2-414 subject to Section


Utah Code Annotated § 34A-2-416 Additional benefits in special cases.
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Benefits received by a wholly dependent person under this chapter orUtah Code Annotated § 34A-2-416(1): the wholly dependent person is still in a dependent condition; and
Utah Code Annotated § 34A-2-416(2): under all reasonable circumstances the wholly dependent person should be entitled to additional benefits.


Utah Code Annotated § 34A-2-417 Claims and benefits -- Time limits for filing -- Burden of proof.
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Utah Code Annotated § 34A-2-417(1): (1)(a)
Utah Code Annotated § 34A-2-417(1)(a): Except with respect to prosthetic devices or in a permanent total disability case, an employee is entitled to be compensated for a medical expense if:
Utah Code Annotated § 34A-2-417(1)(a)(i): the medical expense is:
Utah Code Annotated § 34A-2-417(1)(a)(i)(A): reasonable in amount; and
Utah Code Annotated § 34A-2-417(1)(a)(i)(B): necessary to treat the industrial accident; and
Utah Code Annotated § 34A-2-417(1)(a)(ii): the employee submits or makes a reasonable attempt to submit the medical expense:
Utah Code Annotated § 34A-2-417(1)(a)(ii)(A): to the employee's employer or insurance carrier for payment; and
Utah Code Annotated § 34A-2-417(1)(a)(ii)(B): within one year from the later of:
Utah Code Annotated § 34A-2-417(1)(a)(ii)(B)(I): the day on which the medical expense is incurred; or
Utah Code Annotated § 34A-2-417(1)(a)(ii)(B)(II): the day on which the employee knows or in the exercise of reasonable diligence should have known that the medical expense is related to the industrial accident.
Utah Code Annotated § 34A-2-417(1)(b): (1)(a) For an industrial accident that occurs on or after July 1, 1988, and is the basis of a claim for a medical expense, an employee is entitled to be compensated for the medical expense if the employee meets the requirements of Subsection
Utah Code Annotated § 34A-2-417(2): (2)(b); (2)(a); (2)(a)
Utah Code Annotated § 34A-2-417(2)(a): (2)(b) A claim described in Subsection
Utah Code Annotated § 34A-2-417(2)(a)(i): files an application for hearing with the Division of Adjudication no later than six years from the date of the accident; and
Utah Code Annotated § 34A-2-417(2)(a)(ii): by no later than 12 years from the date of the accident, is able to meet the employee's burden of proving that the employee is due the compensation claimed under this chapter.
Utah Code Annotated § 34A-2-417(2)(b): (2)(a) Subsection
Utah Code Annotated § 34A-2-417(2)(b)(i): temporary total disability benefits;
Utah Code Annotated § 34A-2-417(2)(b)(ii): temporary partial disability benefits;
Utah Code Annotated § 34A-2-417(2)(b)(iii): permanent partial disability benefits; or
Utah Code Annotated § 34A-2-417(2)(b)(iv): permanent total disability benefits.
Utah Code Annotated § 34A-2-417(2)(c): (2)(a) The commission may enter an order awarding or denying an employee's claim for compensation under this chapter within a reasonable time period beyond 12 years from the date of the accident, if:
Utah Code Annotated § 34A-2-417(2)(c)(i): (2)(a) the employee complies with Subsection
Utah Code Annotated § 34A-2-417(2)(c)(ii): 12 years from the date of the accident:
Utah Code Annotated § 34A-2-417(2)(c)(ii)(A): 
Utah Code Annotated § 34A-2-417(2)(c)(ii)(A)(I): the employee is fully cooperating in a commission approved reemployment plan; and
Utah Code Annotated § 34A-2-417(2)(c)(ii)(A)(II): the results of that commission approved reemployment plan are not known; or
Utah Code Annotated § 34A-2-417(2)(c)(ii)(B): the employee is actively adjudicating issues of compensability before the commission.
Utah Code Annotated § 34A-2-417(3): A claim for death benefits is barred unless an application for hearing is filed within one year of the date of death of the employee.
Utah Code Annotated § 34A-2-417(4): (2)(c); (4)(b); (4)(a)(i); (4)(a); (2)(a)(ii); (4)(b); (2)(a)
Utah Code Annotated § 34A-2-417(4)(a): (2)(c); (4)(b); (4)(a)(i)
Utah Code Annotated § 34A-2-417(4)(a)(i): (2)(c); (4)(b) Subject to Subsections
Utah Code Annotated § 34A-2-417(4)(a)(ii): (4)(a)(i) The order described in Subsection
Utah Code Annotated § 34A-2-417(4)(a)(ii)(A): Division of Adjudication;
Utah Code Annotated § 34A-2-417(4)(a)(ii)(B): employee's employer; or
Utah Code Annotated § 34A-2-417(4)(a)(ii)(C): employer's insurance carrier.
Utah Code Annotated § 34A-2-417(4)(b): (4)(a); (2)(a)(ii) Under Subsection
Utah Code Annotated § 34A-2-417(4)(b)(i): without prejudice; or
Utah Code Annotated § 34A-2-417(4)(b)(ii): (2)(a)(ii) with prejudice only if:
Utah Code Annotated § 34A-2-417(4)(b)(ii)(A): the Division of Adjudication adjudicates the merits of the employee's entitlement to the compensation claimed in the application for hearing; or
Utah Code Annotated § 34A-2-417(4)(b)(ii)(B): (2)(a)(ii) the employee fails to comply with Subsection
Utah Code Annotated § 34A-2-417(4)(c): (4)(b); (2)(a) If a claim is dismissed without prejudice under Subsection
Utah Code Annotated § 34A-2-417(5): 26B-3-1009 A claim for compensation under this chapter is subject to a claim or lien for recovery under Section


Utah Code Annotated § 34A-2-418 Awards -- Medical, nursing, hospital, and burial expenses -- Artificial means and appliances.
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Utah Code Annotated § 34A-2-418(1): Chapter 3, Utah Occupational Disease Act; 34A-2-407(11) In addition to the compensation provided in this chapter or
Utah Code Annotated § 34A-2-418(2): 26B-4-201 The employer and the insurance carrier are not required to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in Section
Utah Code Annotated § 34A-2-418(3): If death results from the injury, the employer or the insurance carrier shall pay the burial expenses in ordinary cases as established by rule.
Utah Code Annotated § 34A-2-418(4): If a compensable accident results in the breaking of or loss of an employee's artificial means or appliance including eyeglasses, the employer or insurance carrier shall provide a replacement of the artificial means or appliance.
Utah Code Annotated § 34A-2-418(5): An administrative law judge may require the employer or insurance carrier to maintain the artificial means or appliances or provide the employee with a replacement of any artificial means or appliance for the reason of breakage, wear and tear, deterioration, or obsolescence.
Utah Code Annotated § 34A-2-418(6): An administrative law judge may, in unusual cases, order, as the administrative law judge considers just and proper, the payment of additional sums:
Utah Code Annotated § 34A-2-418(6)(a): for burial expenses; or
Utah Code Annotated § 34A-2-418(6)(b): to provide for artificial means or appliances.


Utah Code Annotated § 34A-2-419 Agreements in addition to compensation and benefits.
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Utah Code Annotated § 34A-2-419(1): 34A-2-201; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (1)(c); Part 8, Adjudication
Utah Code Annotated § 34A-2-419(1)(a): 34A-2-201; Chapter 3, Utah Occupational Disease Act Subject to the approval of the division, any employer securing the payment of workers' compensation benefits for its employees under Section
Utah Code Annotated § 34A-2-419(1)(b): Chapter 3, Utah Occupational Disease Act An agreement may not be approved if it requires contributions from the employees, unless it confers benefits in addition to those provided under this chapter or
Utah Code Annotated § 34A-2-419(1)(c): Chapter 3, Utah Occupational Disease Act An agreement for additional benefits may be terminated by the division if:
Utah Code Annotated § 34A-2-419(1)(c)(i): it appears that the agreement is not fairly administered;
Utah Code Annotated § 34A-2-419(1)(c)(ii): its operation discloses defects threatening its solvency; or
Utah Code Annotated § 34A-2-419(1)(c)(iii): Chapter 3, Utah Occupational Disease Act for any substantial reason it fails to accomplish the purposes of this chapter or
Utah Code Annotated § 34A-2-419(1)(d): If the agreement is terminated, the division shall determine the proper distribution of any remaining assets.
Utah Code Annotated § 34A-2-419(1)(e): (1)(c); Part 8, Adjudication The termination under Subsection
Utah Code Annotated § 34A-2-419(1)(e)(i): the recommendation to terminate the agreement;
Utah Code Annotated § 34A-2-419(1)(e)(ii): the distribution of remaining assets after termination; or
Utah Code Annotated § 34A-2-419(1)(e)(iii): both the recommendation to terminate and the distribution of remaining assets.
Utah Code Annotated § 34A-2-419(2): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-419(2)(a): Chapter 3, Utah Occupational Disease Act Any employer who makes a deduction from the wages or salary of any employee to pay for the statutory benefits of this chapter or
Utah Code Annotated § 34A-2-419(2)(b): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act Subject to the supervision of the division, nothing in this chapter or
Utah Code Annotated § 34A-2-419(3): The purpose and intent of this section is that, where hospitals are maintained and medical and surgical services and medicines furnished by the employer from payments by, or assessments on, the employer's employees, the payments or assessments may not be more or greater than necessary to make these benefits self-supporting for the care and treatment of the employer's employees.  Money received or retained by the employer from the employees for the purpose of these benefits shall be paid and applied to these services.  Any hospitals so maintained in whole or in part by payments or assessment of employees are subject to the inspection and supervision of the division as to services and treatment rendered to the employees.


Utah Code Annotated § 34A-2-420 Continuing jurisdiction of commission -- No authority to change statutes of limitation -- Authority to destroy records -- Interest on award -- Authority to approve final settlement claims.
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Utah Code Annotated § 34A-2-420(1): Part 8, Adjudication; 34A-2-417; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; (1)(c); Chapter 3, Utah Occupational Disease Act; 34A-2-417(1); 34A-2-417(2); Chapter 3, Utah Occupational Disease Act; 34A-2-702; 34A-2-704
Utah Code Annotated § 34A-2-420(1)(a): The powers and jurisdiction of the commission over each case is continuing.
Utah Code Annotated § 34A-2-420(1)(b): Part 8, Adjudication After notice and hearing, the Division of Adjudication, commissioner, or Appeals Board in accordance with
Utah Code Annotated § 34A-2-420(1)(c): 34A-2-417; Chapter 3, Utah Occupational Disease Act This section may not be interpreted as modifying the statutes of limitations contained in Section
Utah Code Annotated § 34A-2-420(1)(d): Chapter 3, Utah Occupational Disease Act; (1)(c); Chapter 3, Utah Occupational Disease Act; 34A-2-417(1); 34A-2-417(2); Chapter 3, Utah Occupational Disease Act; 34A-2-702; 34A-2-704 In addition to other settlements permissible under this chapter or
Utah Code Annotated § 34A-2-420(1)(d)(i): 34A-2-417(1); 34A-2-417(2)
Utah Code Annotated § 34A-2-420(1)(d)(i)(A): 34A-2-417(1); 34A-2-417(2) the employee's claim for medical benefits is allowed under Subsection
Utah Code Annotated § 34A-2-420(1)(d)(i)(B): the full and final settlement is presented to the commission for approval; or
Utah Code Annotated § 34A-2-420(1)(d)(ii): Chapter 3, Utah Occupational Disease Act; 34A-2-702; 34A-2-704 an employee's claim for compensation under this chapter or
Utah Code Annotated § 34A-2-420(2): 34A-2-417 A record pertaining to a case that has been closed and inactive for 10 years, other than a case of total permanent disability or a case in which a claim has been filed as in Section
Utah Code Annotated § 34A-2-420(3): An award made by a final order of the commission shall include interest at the rate of 8% per annum from the date when each benefit payment would have otherwise become due and payable.
Utah Code Annotated § 34A-2-420(4): (1); 34A-2-108; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act Notwithstanding Subsection
Utah Code Annotated § 34A-2-420(4)(a): Chapter 3, Utah Occupational Disease Act compromise settlement of disputed medical, disability, or death benefit entitlements under this chapter or
Utah Code Annotated § 34A-2-420(4)(b): Chapter 3, Utah Occupational Disease Act commutation and settlement of reasonable future medical, disability, or death benefit entitlements under this chapter or
Utah Code Annotated § 34A-2-420(5): Chapter 3, Utah Occupational Disease Act A full and final settlement approved under this section shall extinguish the employer's liability to the employee under this chapter and
Utah Code Annotated § 34A-2-420(6): A full and final settlement effectuating a compromise or commutation may provide for payment of benefits:
Utah Code Annotated § 34A-2-420(6)(a): in cash or cash equivalents; or
Utah Code Annotated § 34A-2-420(6)(b): through an insurance contract or by a third party if the commission determines that the payment provisions:
Utah Code Annotated § 34A-2-420(6)(b)(i): are secure and assign, transfer, or reinsure the financial obligation to make benefit payments to a qualified third party in compliance with commission rules; or
Utah Code Annotated § 34A-2-420(6)(b)(ii): do not relieve the parties of their underlying liability for payments required by the full and final settlement agreement.


Utah Code Annotated § 34A-2-421 Lump-sum payments.
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An administrative law judge, under special circumstances and when the same is deemed advisable, may commute periodic benefits to one or more lump-sum payments.

Utah Code Annotated § 34A-2-422 Compensation exempt from execution -- Transfer of payment rights.
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Utah Code Annotated § 34A-2-422(1): Chapter 3, Utah Occupational Disease Act; (1)(b)(ii) For purposes of this section:
Utah Code Annotated § 34A-2-422(1)(a): Chapter 3, Utah Occupational Disease Act "Payment rights under workers' compensation" means the right to receive compensation under this chapter or
Utah Code Annotated § 34A-2-422(1)(b): (1)(b)(ii)
Utah Code Annotated § 34A-2-422(1)(b)(i): (1)(b)(ii) Subject to Subsection
Utah Code Annotated § 34A-2-422(1)(b)(i)(A): a sale;
Utah Code Annotated § 34A-2-422(1)(b)(i)(B): an assignment;
Utah Code Annotated § 34A-2-422(1)(b)(i)(C): a pledge;
Utah Code Annotated § 34A-2-422(1)(b)(i)(D): an hypothecation; or
Utah Code Annotated § 34A-2-422(1)(b)(i)(E): other form of encumbrance or alienation for consideration.
Utah Code Annotated § 34A-2-422(1)(b)(ii): "Transfer" does not include the creation or perfection of a security interest in a right to receive a payment under a blanket security agreement entered into with an insured depository institution, in the absence of any action to:
Utah Code Annotated § 34A-2-422(1)(b)(ii)(A): redirect the payments to:
Utah Code Annotated § 34A-2-422(1)(b)(ii)(A)(I): the insured depository institution; or
Utah Code Annotated § 34A-2-422(1)(b)(ii)(A)(II): an agent or successor in interest to the insured depository institution; or
Utah Code Annotated § 34A-2-422(1)(b)(ii)(B): otherwise enforce a blanket security interest against the payment rights.
Utah Code Annotated § 34A-2-422(2): 26B-3-1009; 34A-2-417 Compensation before payment:
Utah Code Annotated § 34A-2-422(2)(a): is exempt from:
Utah Code Annotated § 34A-2-422(2)(a)(i): all claims of creditors; and
Utah Code Annotated § 34A-2-422(2)(a)(ii): attachment or execution; and
Utah Code Annotated § 34A-2-422(2)(b): 26B-3-1009; 34A-2-417 shall be paid only to employees or their dependents, except as provided in Sections
Utah Code Annotated § 34A-2-422(3): (3)(b); (3)(a); (3)(b)
Utah Code Annotated § 34A-2-422(3)(a): (3)(b) Subject to Subsection
Utah Code Annotated § 34A-2-422(3)(a)(i): transfer payment rights under workers' compensation; or
Utah Code Annotated § 34A-2-422(3)(a)(ii): accept or take any action to provide for a transfer of payment rights under workers' compensation.
Utah Code Annotated § 34A-2-422(3)(b): (3)(a) A person may take an action prohibited under Subsection
Utah Code Annotated § 34A-2-422(3)(b)(i): before the transfer of payment rights under workers' compensation takes effect; and
Utah Code Annotated § 34A-2-422(3)(b)(ii): upon a determination by the commission that:
Utah Code Annotated § 34A-2-422(3)(b)(ii)(A): the person transferring the payment rights under workers' compensation received before executing an agreement to transfer those payment rights:
Utah Code Annotated § 34A-2-422(3)(b)(ii)(A)(I): adequate notice that the transaction involving the transfer of payment rights under workers' compensation involves the transfer of those payment rights; and
Utah Code Annotated § 34A-2-422(3)(b)(ii)(A)(II): an explanation of the financial consequences of and alternatives to the transfer of payment rights under workers' compensation in sufficient detail that the person transferring the payment rights under workers' compensation made an informed decision to transfer those payment rights; and
Utah Code Annotated § 34A-2-422(3)(b)(ii)(B): the transfer of payment rights under workers' compensation is in the best interest of the person transferring the payment rights under workers' compensation taking into account the welfare and support of that person's dependents.
Utah Code Annotated § 34A-2-422(3)(c): (3)(b) The approval by the commission of the transfer of a person's payment rights under workers' compensation is a full and final resolution of the person's payment rights under workers' compensation that are transferred:
Utah Code Annotated § 34A-2-422(3)(c)(i): (3)(b) if the commission approves the transfer of the payment rights under workers' compensation in accordance with Subsection
Utah Code Annotated § 34A-2-422(3)(c)(ii): once the person no longer has a right to appeal the decision in accordance with this title.


Utah Code Annotated § 34A-2-423 Survival of claim in case of death.
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Utah Code Annotated § 34A-2-423(1): 75-1-201; 75-1-201 As used in this section:
Utah Code Annotated § 34A-2-423(1)(a): 75-1-201 "Estate" is as defined in Section
Utah Code Annotated § 34A-2-423(1)(b): 75-1-201 "Personal representative" is as defined in Section
Utah Code Annotated § 34A-2-423(2): Chapter 3, Utah Occupational Disease Act The personal representative of the estate of an employee may adjudicate an employee's claim for compensation under this chapter if in accordance with this chapter, the employee files a claim:
Utah Code Annotated § 34A-2-423(2)(a): before the employee dies; and
Utah Code Annotated § 34A-2-423(2)(b): Chapter 3, Utah Occupational Disease Act for compensation for an industrial accident or occupational disease for which compensation is payable under this chapter or
Utah Code Annotated § 34A-2-423(3): (2)(a) If the commission finds that the employee is entitled to compensation under this chapter for the claim described in Subsection
Utah Code Annotated § 34A-2-423(3)(a): beginning on the day on which the employee is entitled to receive compensation under this chapter; and
Utah Code Annotated § 34A-2-423(3)(b): ending on the day on which the employee dies.
Utah Code Annotated § 34A-2-423(4): (3); (4)
Utah Code Annotated § 34A-2-423(4)(a): (3) Compensation awarded under Subsection
Utah Code Annotated § 34A-2-423(4)(a)(i): if the employee has one or more dependents on the day on which the employee dies, to the dependents of the employee; or
Utah Code Annotated § 34A-2-423(4)(a)(ii): if the employee has no dependents on the day on which the employee dies, to the estate of the employee.
Utah Code Annotated § 34A-2-423(4)(b): (4) The commission may apportion any compensation paid to dependents under this Subsection
Utah Code Annotated § 34A-2-423(5): 34A-2-414 If an employee that files a claim under this chapter dies from the industrial accident or occupational disease that is the basis of the employee's claim, the compensation awarded under this section shall be in addition to death benefits awarded in accordance with Section


Utah Code Annotated § 34A-2-424 Prescribing policies for certain opioid prescriptions.
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Utah Code Annotated § 34A-2-424(1): This section applies to a person regulated by this chapter or Chapter 3, Utah Occupational Disease Act.
Utah Code Annotated § 34A-2-424(2): 34A-2-201.5; 34A-2-111 A self-insured employer, as that term is defined in Section


Utah Code Annotated § 34A-2-501 Definitions.
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Utah Code Annotated § 34A-2-501(1): "Harmful industrial noise" means:
Utah Code Annotated § 34A-2-501(1)(a): sound that results in acoustic trauma such as sudden instantaneous temporary noise or impulsive or impact noise exceeding 140 dB peak sound pressure levels; or
Utah Code Annotated § 34A-2-501(1)(b): the sound emanating from equipment and machines during employment exceeding the following permissible sound levels, dBA slow response, and corresponding durations per day, in hours:
Utah Code Annotated § 34A-2-501(2): "Loss of hearing" means binaural hearing loss measured in decibels with frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz).  If the average decibel loss at 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) is 25 decibels or less, usually no loss of hearing exists.


Utah Code Annotated § 34A-2-502 Intensity tests.
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Utah Code Annotated § 34A-2-502(1): The commission may conduct tests to determine the intensity of noise at places of employment.
Utah Code Annotated § 34A-2-502(2): An administrative law judge may consider tests conducted by the commission, and any other tests taken by authorities in the field of sound engineering, as evidence of harmful industrial noise.


Utah Code Annotated § 34A-2-503 Loss of hearing -- Occupational hearing loss due to noise to be compensated.
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Utah Code Annotated § 34A-2-503(1): Chapter 3, Utah Occupational Disease Act Permanent hearing loss caused by exposure to harmful industrial noise or by direct head injury shall be compensated according to the terms and conditions of this chapter or
Utah Code Annotated § 34A-2-503(2): Chapter 3, Utah Occupational Disease Act; 34A-2-501 A claim for compensation for hearing loss for harmful industrial noise may not be paid under this chapter or


Utah Code Annotated § 34A-2-504 Hearing loss -- Extent of employer's liability.
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Utah Code Annotated § 34A-2-504(1): An employer is liable only for the hearing loss of an employee that arises out of and in the course of the employee's employment for that employer.
Utah Code Annotated § 34A-2-504(2): If previous occupational hearing loss or nonoccupational hearing loss is established by competent evidence, the employer may not be liable for the prior hearing loss so established, whether or not compensation has previously been paid or awarded.  The employer is liable only for the difference between the percentage of hearing loss presently established and that percentage of prior hearing loss established by preemployment audiogram or other competent evidence.
Utah Code Annotated § 34A-2-504(3): The date for compensation for occupational hearing loss shall be determined by the date of direct head injury or the last date when harmful industrial noise contributed substantially in causing the hearing loss.


Utah Code Annotated § 34A-2-505 Loss of hearing -- Compensation for permanent partial disability.
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Utah Code Annotated § 34A-2-505(1): Chapter 3, Utah Occupational Disease Act Compensation for permanent partial disability for binaural hearing loss shall be determined by multiplying the percentage of binaural hearing loss by 109 weeks of compensation benefits as provided in this chapter or
Utah Code Annotated § 34A-2-505(2): When an employee files one or more claims for hearing loss the percentage of hearing loss previously found to exist shall be deducted from any subsequent award by the commission.
Utah Code Annotated § 34A-2-505(3): In no event shall compensation benefits be paid for total or 100% binaural hearing loss exceeding 109 weeks of compensation benefits.


Utah Code Annotated § 34A-2-506 Loss of hearing -- Time for filing claim.
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An employee's occupational hearing loss shall be reported to the employer pursuant to SectionUtah Code Annotated § 34A-2-506(1): first suffered altered hearing; and
Utah Code Annotated § 34A-2-506(2): knew, or in the exercise of reasonable diligence should have known, that the hearing loss was caused by employment.


Utah Code Annotated § 34A-2-507 Measuring hearing loss.
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Utah Code Annotated § 34A-2-507(1): The degree of hearing loss shall be established, no sooner than six weeks after termination of exposure to the harmful industrial noise, by audiometric determination of hearing threshold level performed by medical or paramedical professionals recognized by the commission, as measured from 0 decibels on an audiometer calibrated to ANSI-S3.6-1969, American National Standard "Specifications for Audiometers" (1969).
Utah Code Annotated § 34A-2-507(2): 
Utah Code Annotated § 34A-2-507(2)(a): In any evaluation of occupational hearing loss, only hearing levels at frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) shall be considered.  The individual measurements for each ear shall be added together and then shall be divided by four to determine the average decibel loss in each ear.
Utah Code Annotated § 34A-2-507(2)(b): To determine the percentage of hearing loss in each ear, the average decibel loss for each decibel of loss exceeding 25 decibels shall be multiplied by 1.5% up to the maximum of 100% which is reached at 91.7 decibels.
Utah Code Annotated § 34A-2-507(3): (3)(a); (3)(b) Binaural hearing loss or the percentage of binaural hearing loss is determined by:
Utah Code Annotated § 34A-2-507(3)(a): multiplying the percentage of hearing loss in the better ear by five;
Utah Code Annotated § 34A-2-507(3)(b): (3)(a) adding the amount under Subsection
Utah Code Annotated § 34A-2-507(3)(c): (3)(b) dividing the number calculated under Subsection


Utah Code Annotated § 34A-2-601 Medical panel, director, or consultant -- Findings and reports -- Objections to report -- Hearing -- Expenses.
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Utah Code Annotated § 34A-2-601(1): (1)(a); Title 63G, Chapter 7, Governmental Immunity Act of Utah
Utah Code Annotated § 34A-2-601(1)(a): (1)(a) The Division of Adjudication may refer the medical aspects of a case described in this Subsection
Utah Code Annotated § 34A-2-601(1)(a)(i): upon the filing of a claim for compensation arising out of and in the course of employment for:
Utah Code Annotated § 34A-2-601(1)(a)(i)(A): disability by accident; or
Utah Code Annotated § 34A-2-601(1)(a)(i)(B): death by accident; and
Utah Code Annotated § 34A-2-601(1)(a)(ii): if the employer or the employer's insurance carrier denies liability.
Utah Code Annotated § 34A-2-601(1)(b): An administrative law judge may appoint a medical panel upon the filing of a claim for compensation based upon disability or death due to an occupational disease.
Utah Code Annotated § 34A-2-601(1)(c): A medical panel appointed under this section shall consist of one or more physicians specializing in the treatment of the disease or condition involved in the claim.
Utah Code Annotated § 34A-2-601(1)(d): Title 63G, Chapter 7, Governmental Immunity Act of Utah A member of a medical panel appointed under this section, when acting within the scope of duties of a medical panel member, is considered an employee of this state for purposes of indemnification under
Utah Code Annotated § 34A-2-601(1)(e): As an alternative method of obtaining an impartial medical evaluation of the medical aspects of a controverted case, the division may employ a medical director or one or more medical consultants:
Utah Code Annotated § 34A-2-601(1)(e)(i): on a full-time or part-time basis; and
Utah Code Annotated § 34A-2-601(1)(e)(ii): for the purpose of:
Utah Code Annotated § 34A-2-601(1)(e)(ii)(A): evaluating medical evidence; and
Utah Code Annotated § 34A-2-601(1)(e)(ii)(B): advising an administrative law judge with respect to the administrative law judge's ultimate fact-finding responsibility.
Utah Code Annotated § 34A-2-601(1)(f): If all parties agree to the use of a medical director or one or more medical consultants, the medical director or one or more medical consultants is allowed to function in the same manner and under the same procedures as required of a medical panel.
Utah Code Annotated § 34A-2-601(2): (2)(b); (2); (2)(d)(i)(A); (C); (2)(d)(i); (2)(d)(ii); (2)(e)(i); (2)(e)(i); (2)(d); (2)(f); (2)(f); (2)(g)(i); (2)(g)(i); (1); 34A-2-702; (1); 34A-2-704; 34A-2-704; (2)(i)(i); 34A-2-704(20)
Utah Code Annotated § 34A-2-601(2)(a): A medical panel, medical director, or medical consultant may do the following to the extent the medical panel, medical director, or medical consultant determines that it is necessary or desirable:
Utah Code Annotated § 34A-2-601(2)(a)(i): conduct a study;
Utah Code Annotated § 34A-2-601(2)(a)(ii): take an x-ray;
Utah Code Annotated § 34A-2-601(2)(a)(iii): perform a test; or
Utah Code Annotated § 34A-2-601(2)(a)(iv): if authorized by an administrative law judge, conduct a post-mortem examination.
Utah Code Annotated § 34A-2-601(2)(b): A medical panel, medical director, or medical consultant shall make:
Utah Code Annotated § 34A-2-601(2)(b)(i): a report in writing to the administrative law judge in a form prescribed by the Division of Adjudication; and
Utah Code Annotated § 34A-2-601(2)(b)(ii): additional findings as the administrative law judge may require.
Utah Code Annotated § 34A-2-601(2)(c): (2)(b) In an occupational disease case, in addition to the requirements of Subsection
Utah Code Annotated § 34A-2-601(2)(c)(i): the extent, if any, of the disability of the claimant from performing work for remuneration or profit;
Utah Code Annotated § 34A-2-601(2)(c)(ii): whether the sole cause of the disability or death, in the opinion of the medical panel, medical director, or medical consultant results from the occupational disease; and
Utah Code Annotated § 34A-2-601(2)(c)(iii): 
Utah Code Annotated § 34A-2-601(2)(c)(iii)(A): whether any other cause aggravated, prolonged, accelerated, or in any way contributed to the disability or death; and
Utah Code Annotated § 34A-2-601(2)(c)(iii)(B): if another cause contributed to the disability or death, the extent in percentage to which the other cause contributed to the disability or death.
Utah Code Annotated § 34A-2-601(2)(d): (2); (2)(d)(i)(A); (C); (2)(d)(i); (2)(d)(ii)
Utah Code Annotated § 34A-2-601(2)(d)(i): (2); (2)(d)(i)(A); (C) An administrative law judge shall promptly distribute full copies of a report submitted to the administrative law judge under this Subsection
Utah Code Annotated § 34A-2-601(2)(d)(i)(A): the applicant;
Utah Code Annotated § 34A-2-601(2)(d)(i)(B): the employer;
Utah Code Annotated § 34A-2-601(2)(d)(i)(C): the employer's insurance carrier; and
Utah Code Annotated § 34A-2-601(2)(d)(i)(D): (2)(d)(i)(A); (C) an attorney employed by a person listed in Subsections
Utah Code Annotated § 34A-2-601(2)(d)(ii): (2)(d)(i) Within 20 days after the day on which the report described in Subsection
Utah Code Annotated § 34A-2-601(2)(d)(ii)(A): the applicant;
Utah Code Annotated § 34A-2-601(2)(d)(ii)(B): the employer; or
Utah Code Annotated § 34A-2-601(2)(d)(ii)(C): the employer's insurance carrier.
Utah Code Annotated § 34A-2-601(2)(d)(iii): (2)(d)(ii) If no written objection is filed within the period described in Subsection
Utah Code Annotated § 34A-2-601(2)(e): (2)(e)(i); (2)(e)(i)
Utah Code Annotated § 34A-2-601(2)(e)(i): An administrative law judge may base the administrative law judge's finding and decision on the report of:
Utah Code Annotated § 34A-2-601(2)(e)(i)(A): a medical panel;
Utah Code Annotated § 34A-2-601(2)(e)(i)(B): the medical director; or
Utah Code Annotated § 34A-2-601(2)(e)(i)(C): one or more medical consultants.
Utah Code Annotated § 34A-2-601(2)(e)(ii): (2)(e)(i); (2)(e)(i) Notwithstanding Subsection
Utah Code Annotated § 34A-2-601(2)(f): (2)(d); (2)(f)
Utah Code Annotated § 34A-2-601(2)(f)(i): (2)(d) If a written objection to a report is filed under Subsection
Utah Code Annotated § 34A-2-601(2)(f)(ii): (2)(f) At a hearing held pursuant to this Subsection
Utah Code Annotated § 34A-2-601(2)(f)(ii)(A): the chair of the medical panel;
Utah Code Annotated § 34A-2-601(2)(f)(ii)(B): the medical director; or
Utah Code Annotated § 34A-2-601(2)(f)(ii)(C): the one or more medical consultants.
Utah Code Annotated § 34A-2-601(2)(f)(iii): For good cause shown, an administrative law judge may order the following to be present at the hearing for examination and cross-examination:
Utah Code Annotated § 34A-2-601(2)(f)(iii)(A): a member of a medical panel, with or without the chair of the medical panel;
Utah Code Annotated § 34A-2-601(2)(f)(iii)(B): the medical director; or
Utah Code Annotated § 34A-2-601(2)(f)(iii)(C): a medical consultant.
Utah Code Annotated § 34A-2-601(2)(g): (2)(f); (2)(g)(i); (2)(g)(i)
Utah Code Annotated § 34A-2-601(2)(g)(i): (2)(f) A written report of a medical panel, medical director, or one or more medical consultants may be received as an exhibit at a hearing described in Subsection
Utah Code Annotated § 34A-2-601(2)(g)(ii): (2)(g)(i); (2)(g)(i) Notwithstanding Subsection
Utah Code Annotated § 34A-2-601(2)(h): (1); 34A-2-702 For a claim referred under Subsection
Utah Code Annotated § 34A-2-601(2)(h)(i): expenses of a study or report of the medical panel, medical director, or medical consultant; and
Utah Code Annotated § 34A-2-601(2)(h)(ii): the expenses of the medical panel's, medical director's, or medical consultant's appearance before an administrative law judge.
Utah Code Annotated § 34A-2-601(2)(i): (1); 34A-2-704; 34A-2-704; (2)(i)(i); 34A-2-704(20)
Utah Code Annotated § 34A-2-601(2)(i)(i): (1); 34A-2-704 For a claim referred under Subsection
Utah Code Annotated § 34A-2-601(2)(i)(i)(A): a study or report of the medical panel, medical director, or medical consultant; and
Utah Code Annotated § 34A-2-601(2)(i)(i)(B): the medical panel's, medical director's, or medical consultant's appearance before an administrative law judge.
Utah Code Annotated § 34A-2-601(2)(i)(ii): 34A-2-704; (2)(i)(i); 34A-2-704(20) Notwithstanding Section
Utah Code Annotated § 34A-2-601(3): (3); 34A-2-704
Utah Code Annotated § 34A-2-601(3)(a): The commission may employ a qualified physician as medical panel director who, in addition to the other duties outlined in this section for a medical director, is responsible for:
Utah Code Annotated § 34A-2-601(3)(a)(i): assisting the commission in creating and enforcing standards for medical panels and medical consultants;
Utah Code Annotated § 34A-2-601(3)(a)(ii): training members of medical panels or medical consultants;
Utah Code Annotated § 34A-2-601(3)(a)(iii): increasing the number of physicians who participate on medical panels;
Utah Code Annotated § 34A-2-601(3)(a)(iv): ensuring medical panels include appropriate specialists; and
Utah Code Annotated § 34A-2-601(3)(a)(v): monitoring the quality of medical panel and medical consultant reports.
Utah Code Annotated § 34A-2-601(3)(b): (3); 34A-2-704 The commission shall pay the expenses of employing a medical panel director described in this Subsection


Utah Code Annotated § 34A-2-602 Physical examinations.
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Utah Code Annotated § 34A-2-602(1): The division or an administrative law judge may require an employee claiming the right to receive compensation under this chapter to submit to a medical examination at any time, and from time to time, at a place reasonably convenient for the employee, and as may be provided by the rules of the commission.
Utah Code Annotated § 34A-2-602(2): (1) If an employee refuses to submit to an examination under Subsection


Utah Code Annotated § 34A-2-603 Autopsy in death cases -- Certified pathologist -- Attending physicians -- Penalty for refusal to permit -- Liability.
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Utah Code Annotated § 34A-2-603(1): Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-603(1)(a): Chapter 3, Utah Occupational Disease Act On the filing of a claim for compensation for death under this chapter or
Utah Code Annotated § 34A-2-603(1)(b): The commissioner or the commissioner's designee shall:
Utah Code Annotated § 34A-2-603(1)(b)(i): designate the certified pathologist to make the autopsy; and
Utah Code Annotated § 34A-2-603(1)(b)(ii): determine who shall pay the charge of the certified pathologist making the autopsy.
Utah Code Annotated § 34A-2-603(2): (1) Any person interested may designate a duly licensed physician to attend the autopsy ordered under Subsection
Utah Code Annotated § 34A-2-603(3): The findings of the certified pathologist performing the autopsy shall be filed with the commission.
Utah Code Annotated § 34A-2-603(4): (1) All proceedings for compensation shall be suspended upon refusal of a claimant or claimants to permit such autopsy when ordered under Subsection
Utah Code Annotated § 34A-2-603(5): When an autopsy has been performed pursuant to an order of the commissioner or the commissioner's designee no cause of action shall lie against any person, firm, or corporation for participating in or requesting the autopsy.


Utah Code Annotated § 34A-2-604 Employee leaving place of treatment.
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Utah Code Annotated § 34A-2-604(1): An injured employee who desires to leave the locality in which the employee has been employed during the treatment of the employee's injury, or to leave this state, shall:
Utah Code Annotated § 34A-2-604(1)(a): report to the employee's attending physician for examination;
Utah Code Annotated § 34A-2-604(1)(b): notify the division in writing of the intention to leave; and
Utah Code Annotated § 34A-2-604(1)(c): accompany the notice with a certificate from the attending physician setting forth:
Utah Code Annotated § 34A-2-604(1)(c)(i): the exact nature of the injury;
Utah Code Annotated § 34A-2-604(1)(c)(ii): the condition of the employee; and
Utah Code Annotated § 34A-2-604(1)(c)(iii): a statement of the probable length of time disability will continue.
Utah Code Annotated § 34A-2-604(2): (1) An employee may leave the locality in which the employee was employed only after:
Utah Code Annotated § 34A-2-604(2)(a): (1) complying with Subsection
Utah Code Annotated § 34A-2-604(2)(b): receiving the written consent of the division.
Utah Code Annotated § 34A-2-604(3): If an employee does not comply with this section, compensation may not be allowed during the absence.


Utah Code Annotated § 34A-2-701 Premium assessment restricted account for safety.
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Utah Code Annotated § 34A-2-701(1): There is created in the General Fund a restricted account known as the "Workplace Safety Account."
Utah Code Annotated § 34A-2-701(2): 59-9-101(2)(c)(ii); 34A-2-702(1); 34A-2-702(7); 34A-2-704
Utah Code Annotated § 34A-2-701(2)(a): 59-9-101(2)(c)(ii) An amount equal to 0.25% of the premium income remitted to the state treasurer pursuant to Subsection
Utah Code Annotated § 34A-2-701(2)(b): 34A-2-702(1); 34A-2-702(7); 34A-2-704 Beginning with fiscal year 2008-09, if the balance in the Workplace Safety Account exceeds $500,000 at the close of a fiscal year, the excess shall be transferred to:
Utah Code Annotated § 34A-2-701(2)(b)(i): 34A-2-702(1) the Employers' Reinsurance Fund, created under Subsection
Utah Code Annotated § 34A-2-701(2)(b)(ii): 34A-2-702(7); 34A-2-704 if the commissioner has made the notification described in Subsection
Utah Code Annotated § 34A-2-701(3): (7); 53B-1-102; (3)(b)(i) The Legislature shall appropriate from the restricted account money to one or both of the following:
Utah Code Annotated § 34A-2-701(3)(a): money to the commission for use by the commission to:
Utah Code Annotated § 34A-2-701(3)(a)(i): improve safety consultation services available to Utah employers; or
Utah Code Annotated § 34A-2-701(3)(a)(ii): provide for electronic or print media advertising campaigns designed to promote workplace safety; and
Utah Code Annotated § 34A-2-701(3)(b): (7); 53B-1-102; (3)(b)(i) subject to Subsection
Utah Code Annotated § 34A-2-701(3)(b)(i): 53B-1-102 to an institution within the state system of higher education, as defined in Section
Utah Code Annotated § 34A-2-701(3)(b)(ii): (3)(b)(i) to be expended by an education and research center that is:
Utah Code Annotated § 34A-2-701(3)(b)(ii)(A): (3)(b)(i) affiliated with the institution described in Subsection
Utah Code Annotated § 34A-2-701(3)(b)(ii)(B): designated as an education and research center by the National Institute for Occupational Safety and Health.
Utah Code Annotated § 34A-2-701(4): 34A-2-107 From money appropriated by the Legislature from the restricted account to the commission for use by the commission, the commission may fund other safety programs or initiatives recommended to it by its state workers' compensation advisory council created under Section
Utah Code Annotated § 34A-2-701(5): (3); (4); (3)(b); 34A-2-107; (3)(b)
Utah Code Annotated § 34A-2-701(5)(a): (3); (4) The commission shall annually report to the governor, the Legislature, and its state council regarding:
Utah Code Annotated § 34A-2-701(5)(a)(i): (3); (4) the use of the money appropriated to the commission under Subsection
Utah Code Annotated § 34A-2-701(5)(a)(ii): the impact of the use of the money on the safety of Utah's workplaces.
Utah Code Annotated § 34A-2-701(5)(b): (3)(b); 34A-2-107; (3)(b) By no later than August 15 following a fiscal year in which an education and research center receives money from an appropriation under Subsection
Utah Code Annotated § 34A-2-701(5)(b)(i): 34A-2-107 to:
Utah Code Annotated § 34A-2-701(5)(b)(i)(A): the governor;
Utah Code Annotated § 34A-2-701(5)(b)(i)(B): the Legislature;
Utah Code Annotated § 34A-2-701(5)(b)(i)(C): the commission; and
Utah Code Annotated § 34A-2-701(5)(b)(i)(D): 34A-2-107 the state workers' compensation advisory council created under Section
Utah Code Annotated § 34A-2-701(5)(b)(ii): (3)(b) regarding:
Utah Code Annotated § 34A-2-701(5)(b)(ii)(A): (3)(b) the use of the money appropriated under Subsection
Utah Code Annotated § 34A-2-701(5)(b)(ii)(B): the impact of the use of the money on the safety of Utah's workplaces.
Utah Code Annotated § 34A-2-701(6): (3); (4); (3); (4) The money deposited in the restricted account:
Utah Code Annotated § 34A-2-701(6)(a): (3); (4) shall be:
Utah Code Annotated § 34A-2-701(6)(a)(i): (3); (4) used only for the activities described in Subsection
Utah Code Annotated § 34A-2-701(6)(a)(ii): expended according to processes that can be verified by audit; and
Utah Code Annotated § 34A-2-701(6)(b): (3); (4) may not be used by the commission for:
Utah Code Annotated § 34A-2-701(6)(b)(i): administrative costs unrelated to the restricted account; or
Utah Code Annotated § 34A-2-701(6)(b)(ii): (3); (4) any activity of the commission other than the activities of the commission described in Subsection
Utah Code Annotated § 34A-2-701(7): (3)(b); 59-9-101(2)(c) The total of appropriations under Subsection


Utah Code Annotated § 34A-2-702 Employers' Reinsurance Fund -- Injury causing death -- Burial expenses -- Payments to dependents.
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Utah Code Annotated § 34A-2-702(1): Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-702(1)(a): Chapter 3, Utah Occupational Disease Act There is created an Employers' Reinsurance Fund for the purpose of making a payment for an industrial accident or occupational disease occurring on or before June 30, 1994.  A payment made under this section shall be made in accordance with this chapter or
Utah Code Annotated § 34A-2-702(1)(b): The Employers' Reinsurance Fund succeeds to all money previously held in the "Special Fund," the "Combined Injury Fund," or the "Second Injury Fund."
Utah Code Annotated § 34A-2-702(1)(c): The commissioner shall appoint an administrator of the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(1)(d): The state treasurer shall be the custodian of the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(1)(e): The administrator shall make provisions for and direct a distribution from the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(1)(f): Reasonable costs of administering the Employers' Reinsurance Fund or other fees may be paid from the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(2): 34A-2-706 The state treasurer shall:
Utah Code Annotated § 34A-2-702(2)(a): receive workers' compensation premium assessments from the State Tax Commission; and
Utah Code Annotated § 34A-2-702(2)(b): 34A-2-706 invest the Employers' Reinsurance Fund to ensure maximum investment return for both long and short term investments in accordance with Section
Utah Code Annotated § 34A-2-702(3): 
Utah Code Annotated § 34A-2-702(3)(a): The administrator may employ, retain, or appoint counsel to represent the Employers' Reinsurance Fund in a proceeding brought to enforce a claim against or on behalf of the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(3)(b): If requested by the commission, the attorney general shall aid in representation of the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(4): The liability of the state, its departments, agencies, instrumentalities, elected or appointed officials, or other duly authorized agents, with respect to payment of compensation benefits, expenses, fees, medical expenses, or disbursement properly chargeable against the Employers' Reinsurance Fund, is limited to the cash or assets in the Employers' Reinsurance Fund, and they are not otherwise, in any way, liable for the operation, debts, or obligations of the Employers' Reinsurance Fund.
Utah Code Annotated § 34A-2-702(5): 34A-2-418; (5); (5)(b)(i)(B); (C); (5)(b)(ii); (5)(b)(iii); (5)(b)(iii); (5)(d)(iii); (5)(c)(ii); (5)(c)(ii); (5)(d)(i)(B); (C); (5)(d); (5)(d); Chapter 3, Utah Occupational Disease Act; (5)(c); (5)(e)(ii); 34A-2-414
Utah Code Annotated § 34A-2-702(5)(a): 34A-2-418; (5) If injury causes death within a period of 312 weeks from the date of the accident, the employer or insurance carrier shall pay:
Utah Code Annotated § 34A-2-702(5)(a)(i): 34A-2-418 the burial expenses of the deceased as provided in Section
Utah Code Annotated § 34A-2-702(5)(a)(ii): (5) benefits in the amount and to a person provided for in this Subsection
Utah Code Annotated § 34A-2-702(5)(b): (5)(b)(i)(B); (C); (5)(b)(ii); (5)(b)(iii); (5)(b)(iii); (5)(d)(iii)
Utah Code Annotated § 34A-2-702(5)(b)(i): (5)(b)(i)(B); (C) If there is a wholly dependent person at the time of the death, the payment by the employer or the employer's insurance carrier shall be:
Utah Code Annotated § 34A-2-702(5)(b)(i)(A): (5)(b)(i)(B); (C) subject to Subsections
Utah Code Annotated § 34A-2-702(5)(b)(i)(B): not more than a maximum of 85% of the state average weekly wage at the time of the injury per week; and
Utah Code Annotated § 34A-2-702(5)(b)(i)(C): 
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(I): not less than a minimum of $45 per week, plus:
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(I)(Aa): $20 for a dependent spouse; and
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(I)(Bb): $20 for each dependent minor child under the age of 18 years, up to a maximum of four such dependent minor children; and
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(II): not exceeding:
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(II)(Aa): the average weekly wage of the employee at the time of the injury; and
Utah Code Annotated § 34A-2-702(5)(b)(i)(C)(II)(Bb): 85% of the state average weekly wage at the time of the injury per week.
Utah Code Annotated § 34A-2-702(5)(b)(ii): Compensation shall continue during dependency for the remainder of the period between the date of the death and the expiration of 312 weeks after the date of the injury.
Utah Code Annotated § 34A-2-702(5)(b)(iii): (5)(b)(ii); (5)(b)(iii); (5)(b)(iii)
Utah Code Annotated § 34A-2-702(5)(b)(iii)(A): (5)(b)(ii) The payment by the employer or the employer's insurance carrier to a wholly dependent person during dependency following the expiration of the first 312-week period described in Subsection
Utah Code Annotated § 34A-2-702(5)(b)(iii)(A)(I): is eligible to receive for a week as of the first day the employee is eligible to receive a Social Security death benefit; and
Utah Code Annotated § 34A-2-702(5)(b)(iii)(A)(II): receives.
Utah Code Annotated § 34A-2-702(5)(b)(iii)(B): (5)(b)(iii) An employer or the employer's insurance carrier may not reduce compensation payable under this Subsection
Utah Code Annotated § 34A-2-702(5)(b)(iii)(C): (5)(b)(iii) For purposes of a wholly dependent person whose compensation payable is reduced under this Subsection
Utah Code Annotated § 34A-2-702(5)(b)(iv): (5)(d)(iii) The issue of dependency is subject to review at the end of the initial 312-week period and annually after the initial 312-week period.  If in a review it is determined that, under the facts and circumstances existing at that time, the applicant is no longer a wholly dependent person, the applicant:
Utah Code Annotated § 34A-2-702(5)(b)(iv)(A): may be considered a partly dependent or nondependent person; and
Utah Code Annotated § 34A-2-702(5)(b)(iv)(B): (5)(d)(iii) shall be paid the benefits as may be determined under Subsection
Utah Code Annotated § 34A-2-702(5)(c): (5)(c)(ii); (5)(c)(ii)
Utah Code Annotated § 34A-2-702(5)(c)(i): For purposes of a dependency determination, a surviving spouse of a deceased employee is conclusively presumed to be wholly dependent for a 312-week period from the date of death of the employee.  This presumption does not apply after the initial 312-week period.
Utah Code Annotated § 34A-2-702(5)(c)(ii): (5)(c)(ii); (5)(c)(ii)
Utah Code Annotated § 34A-2-702(5)(c)(ii)(A): In determining the annual income of the surviving spouse after the initial 312-week period, there shall be excluded 50% of a federal social security death benefit that the surviving spouse:
Utah Code Annotated § 34A-2-702(5)(c)(ii)(A)(I): is eligible to receive for a week as of the first day the surviving spouse is eligible to receive a Social Security death benefit; and
Utah Code Annotated § 34A-2-702(5)(c)(ii)(A)(II): receives.
Utah Code Annotated § 34A-2-702(5)(c)(ii)(B): (5)(c)(ii) An employer or the employer's insurance carrier may not reduce compensation payable under this Subsection
Utah Code Annotated § 34A-2-702(5)(c)(ii)(C): (5)(c)(ii) For purposes of a surviving spouse whose compensation payable is reduced under this Subsection
Utah Code Annotated § 34A-2-702(5)(d): (5)(d)(i)(B); (C); (5)(d); (5)(d); Chapter 3, Utah Occupational Disease Act; (5)(c)
Utah Code Annotated § 34A-2-702(5)(d)(i): (5)(d)(i)(B); (C) If there is a partly dependent person at the time of the death, the payment shall be:
Utah Code Annotated § 34A-2-702(5)(d)(i)(A): (5)(d)(i)(B); (C) subject to Subsections
Utah Code Annotated § 34A-2-702(5)(d)(i)(B): not more than a maximum of 85% of the state average weekly wage at the time of the injury per week; and
Utah Code Annotated § 34A-2-702(5)(d)(i)(C): not less than a minimum of $45 per week.
Utah Code Annotated § 34A-2-702(5)(d)(ii): Compensation shall continue during dependency for the remainder of the period between the date of death and the expiration of 312 weeks after the date of injury.  Compensation may not amount to more than a maximum of $30,000.
Utah Code Annotated § 34A-2-702(5)(d)(iii): (5)(d); (5)(d); Chapter 3, Utah Occupational Disease Act The benefits provided for in this Subsection
Utah Code Annotated § 34A-2-702(5)(d)(iv): (5)(c) Benefits to a person determined to be partly dependent under Subsection
Utah Code Annotated § 34A-2-702(5)(d)(iv)(A): shall be determined in keeping with the circumstances and conditions of dependency existing at the time of the dependency review; and
Utah Code Annotated § 34A-2-702(5)(d)(iv)(B): may be paid in an amount not exceeding the maximum weekly rate that a partly dependent person would receive if wholly dependent.
Utah Code Annotated § 34A-2-702(5)(d)(v): A payment under this section shall be paid to a person during a person's dependency by the employer or the employer's insurance carrier.
Utah Code Annotated § 34A-2-702(5)(e): (5)(e)(ii); 34A-2-414
Utah Code Annotated § 34A-2-702(5)(e)(i): (5)(e)(ii); 34A-2-414 Subject to Subsection
Utah Code Annotated § 34A-2-702(5)(e)(ii): The total benefits awarded to all parties concerned may not exceed the maximum provided for by law.
Utah Code Annotated § 34A-2-702(6): (1); 34A-2-703; (6)(a) The Employers' Reinsurance Fund:
Utah Code Annotated § 34A-2-702(6)(a): (1); 34A-2-703 shall be:
Utah Code Annotated § 34A-2-702(6)(a)(i): (1); 34A-2-703 used only in accordance with Subsection
Utah Code Annotated § 34A-2-702(6)(a)(i)(A): 34A-2-703 the purpose of making a payment for an industrial accident or occupational disease occurring on or before June 30, 1994, in accordance with this section and Section
Utah Code Annotated § 34A-2-702(6)(a)(i)(B): payment of:
Utah Code Annotated § 34A-2-702(6)(a)(i)(B)(I): reasonable costs of administering the Employers' Reinsurance Fund; or
Utah Code Annotated § 34A-2-702(6)(a)(i)(B)(II): fees required to be paid by the Employers' Reinsurance Fund;
Utah Code Annotated § 34A-2-702(6)(a)(ii): expended according to processes that can be verified by audit; and
Utah Code Annotated § 34A-2-702(6)(b): (6)(a) may not be used for:
Utah Code Annotated § 34A-2-702(6)(b)(i): administrative costs unrelated to the Employers' Reinsurance Fund; or
Utah Code Annotated § 34A-2-702(6)(b)(ii): (6)(a) an activity of the commission other than an activity described in Subsection
Utah Code Annotated § 34A-2-702(7): (7)(a)
Utah Code Annotated § 34A-2-702(7)(a): After the commissioner determines that all liabilities to be paid from the Employers' Reinsurance Fund have been paid, the commissioner shall notify the Division of Finance.
Utah Code Annotated § 34A-2-702(7)(b): (7)(a) Upon notification from the commissioner in accordance with Subsection


Utah Code Annotated § 34A-2-703 Payments from Employers' Reinsurance Fund.
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If an employee, who has at least a 10% whole person permanent impairment from any cause or origin, subsequently incurs an additional impairment by an accident arising out of and in the course of the employee's employment during the period of July 1, 1988, to June 30, 1994, inclusive, and if the additional impairment results in permanent total disability, the employer or its insurance carrier and the Employers' Reinsurance Fund are liable for the payment of benefits as follows:Utah Code Annotated § 34A-2-703(1): Chapter 3, Utah Occupational Disease Act The employer or its insurance carrier is liable for the first $20,000 of medical benefits and the initial 156 weeks of permanent total disability compensation as provided in this chapter or
Utah Code Annotated § 34A-2-703(2): (5) Reasonable medical benefits in excess of the first $20,000 shall be paid in the first instance by the employer or its insurance carrier.  Then, as provided in Subsection
Utah Code Annotated § 34A-2-703(3): (1); Chapter 3, Utah Occupational Disease Act After the initial 156-week period under Subsection
Utah Code Annotated § 34A-2-703(4): (5) If it is determined that the employee is permanently and totally disabled, the employer or its insurance carrier shall be given credit for all prior payments of temporary total, temporary partial, and permanent partial disability compensation made as a result of the industrial accident.  An overpayment by the employer or its insurance carrier shall be reimbursed by the Employers' Reinsurance Fund under Subsection
Utah Code Annotated § 34A-2-703(5): (5)(a); Part 8, Adjudication; (5)(c); (5)(d)
Utah Code Annotated § 34A-2-703(5)(a): 
Utah Code Annotated § 34A-2-703(5)(a)(i): Upon receipt of a duly verified petition, the Employers' Reinsurance Fund shall reimburse the employer or its insurance carrier for the Employers' Reinsurance Fund's share of medical benefits and compensation paid to or on behalf of an employee.
Utah Code Annotated § 34A-2-703(5)(a)(ii): A request for Employers' Reinsurance Fund reimbursements shall be accompanied by satisfactory evidence of payment of the medical or disability compensation for which the reimbursement is requested.
Utah Code Annotated § 34A-2-703(5)(a)(iii): A request is subject to review as to reasonableness by the administrator.  The administrator may determine the manner of reimbursement.
Utah Code Annotated § 34A-2-703(5)(b): (5)(a); Part 8, Adjudication A decision of the administrator under Subsection
Utah Code Annotated § 34A-2-703(5)(c): An employer or its insurance carrier shall submit to the Employers' Reinsurance Fund, by June 30, 2018, a request for reimbursement related to medical benefits or compensation paid on or before July 1, 2016.
Utah Code Annotated § 34A-2-703(5)(d): An employer or its insurance carrier shall submit to the Employers' Reinsurance Fund a request for reimbursement related to medical benefits or compensation paid after July 1, 2016, within 24 months of the later of:
Utah Code Annotated § 34A-2-703(5)(d)(i): the date the benefits or compensation are paid by the employer or its insurance carrier; or
Utah Code Annotated § 34A-2-703(5)(d)(ii): the date the Employers' Reinsurance Fund is determined to be liable.
Utah Code Annotated § 34A-2-703(5)(e): (5)(c); (5)(d) Requests for reimbursement not submitted in accordance with Subsection
Utah Code Annotated § 34A-2-703(6): 34A-2-413 If, at the time an employee is determined to have a permanent, total disability, the employee has other actionable workers' compensation claims, the employer or insurance carrier that is liable for the last industrial accident resulting in permanent total disability shall be liable for the benefits payable by the employer as provided in this section and Section


Utah Code Annotated § 34A-2-704 Uninsured Employers' Fund.
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Utah Code Annotated § 34A-2-704(1): (20); Chapter 3, Utah Occupational Disease Act
Utah Code Annotated § 34A-2-704(1)(a): (20) There is created an Uninsured Employers' Fund.  The Uninsured Employers' Fund has the purpose of assisting in the payment of workers' compensation benefits to a person entitled to the benefits, if:
Utah Code Annotated § 34A-2-704(1)(a)(i): that person's employer:
Utah Code Annotated § 34A-2-704(1)(a)(i)(A): is individually, jointly, or severally liable to pay the benefits; and
Utah Code Annotated § 34A-2-704(1)(a)(i)(B): 
Utah Code Annotated § 34A-2-704(1)(a)(i)(B)(I): becomes or is insolvent;
Utah Code Annotated § 34A-2-704(1)(a)(i)(B)(II): appoints or has appointed a receiver; or
Utah Code Annotated § 34A-2-704(1)(a)(i)(B)(III): otherwise does not have sufficient funds, insurance, sureties, or other security to cover workers' compensation liabilities; and
Utah Code Annotated § 34A-2-704(1)(a)(ii): (20) the employment relationship between that person and the person's employer is localized within the state as provided in Subsection
Utah Code Annotated § 34A-2-704(1)(b): The Uninsured Employers' Fund succeeds to money previously held in the Default Indemnity Fund.
Utah Code Annotated § 34A-2-704(1)(c): Chapter 3, Utah Occupational Disease Act If it becomes necessary to pay benefits, the Uninsured Employers' Fund is liable for the obligations of the employer set forth in this chapter and
Utah Code Annotated § 34A-2-704(2): 59-9-101(2)
Utah Code Annotated § 34A-2-704(2)(a): 59-9-101(2) Money for the Uninsured Employers' Fund shall be deposited into the Uninsured Employers' Fund in accordance with this chapter and Subsection
Utah Code Annotated § 34A-2-704(2)(b): The commissioner shall appoint an administrator of the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(2)(c): 
Utah Code Annotated § 34A-2-704(2)(c)(i): The state treasurer is the custodian of the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(2)(c)(ii): The administrator shall make provisions for and direct distribution from the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(3): Reasonable costs of administering the Uninsured Employers' Fund or other fees required to be paid by the Uninsured Employers' Fund may be paid from the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(4): 34A-2-706 The state treasurer shall:
Utah Code Annotated § 34A-2-704(4)(a): receive workers' compensation premium assessments from the State Tax Commission; and
Utah Code Annotated § 34A-2-704(4)(b): 34A-2-706 invest the Uninsured Employers' Fund to ensure maximum investment return for both long and short term investments in accordance with Section
Utah Code Annotated § 34A-2-704(5): Chapter 3, Utah Occupational Disease Act; Title 63A, Chapter 3, Part 5, Office of State Debt Collection; Chapter 3, Utah Occupational Disease Act; (5)(c)(i); 34A-2-212; (5)(c)(i)
Utah Code Annotated § 34A-2-704(5)(a): The administrator may employ, retain, or appoint counsel to represent the Uninsured Employers' Fund in a proceeding brought to enforce a claim against or on behalf of the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(5)(b): Chapter 3, Utah Occupational Disease Act If requested by the commission, the following shall aid in the representation of the Uninsured Employers' Fund:
Utah Code Annotated § 34A-2-704(5)(b)(i): the attorney general; or
Utah Code Annotated § 34A-2-704(5)(b)(ii): Chapter 3, Utah Occupational Disease Act the  city attorney, or county attorney of the locality in which:
Utah Code Annotated § 34A-2-704(5)(b)(ii)(A): Chapter 3, Utah Occupational Disease Act an investigation, hearing, or trial under this chapter or
Utah Code Annotated § 34A-2-704(5)(b)(ii)(B): the employee resides; or
Utah Code Annotated § 34A-2-704(5)(b)(ii)(C): an employer:
Utah Code Annotated § 34A-2-704(5)(b)(ii)(C)(I): resides; or
Utah Code Annotated § 34A-2-704(5)(b)(ii)(C)(II): is doing business.
Utah Code Annotated § 34A-2-704(5)(c): Title 63A, Chapter 3, Part 5, Office of State Debt Collection; Chapter 3, Utah Occupational Disease Act; (5)(c)(i); 34A-2-212; (5)(c)(i)
Utah Code Annotated § 34A-2-704(5)(c)(i): Title 63A, Chapter 3, Part 5, Office of State Debt Collection; Chapter 3, Utah Occupational Disease Act Notwithstanding
Utah Code Annotated § 34A-2-704(5)(c)(ii): (5)(c)(i); 34A-2-212; (5)(c)(i) To comply with Subsection
Utah Code Annotated § 34A-2-704(5)(c)(ii)(A): 34A-2-212 take appropriate action, including docketing an award in a manner consistent with Section
Utah Code Annotated § 34A-2-704(5)(c)(ii)(B): (5)(c)(i) employ counsel and other personnel necessary to collect the money described in Subsection
Utah Code Annotated § 34A-2-704(6): To the extent of the compensation and other benefits paid or payable to or on behalf of an employee or the employee's dependents from the Uninsured Employers' Fund, the Uninsured Employers' Fund, by subrogation, has the rights, powers, and benefits of the employee or the employee's dependents against the employer failing to make the compensation payments.
Utah Code Annotated § 34A-2-704(7): (1)(a)(i)(B); (1)(a)(i)(B)
Utah Code Annotated § 34A-2-704(7)(a): (1)(a)(i)(B) The receiver, trustee, liquidator, or statutory successor of an employer meeting a condition listed in Subsection
Utah Code Annotated § 34A-2-704(7)(b): (1)(a)(i)(B) A court with jurisdiction shall grant a payment made under this section a priority equal to that to which the claimant would have been entitled in the absence of this section against the assets of the employer meeting a condition listed in Subsection
Utah Code Annotated § 34A-2-704(7)(c): The expenses of the Uninsured Employers' Fund in handling a claim shall be accorded the same priority as the liquidator's expenses.
Utah Code Annotated § 34A-2-704(8): (8)(b); (1)(a)(i)(B); 31A-1-103; (1)(a)(i)(B); (8)(a); (8); (1)(a)(i)(B)
Utah Code Annotated § 34A-2-704(8)(a): (8)(b); (1)(a)(i)(B); 31A-1-103; (1)(a)(i)(B) The administrator shall periodically file the information described in Subsection
Utah Code Annotated § 34A-2-704(8)(a)(i): (1)(a)(i)(B) an employer that meets a condition listed in Subsection
Utah Code Annotated § 34A-2-704(8)(a)(ii): 31A-1-103; (1)(a)(i)(B) a public agency insurance mutual, as defined in Section
Utah Code Annotated § 34A-2-704(8)(a)(iii): an insolvent insurance carrier.
Utah Code Annotated § 34A-2-704(8)(b): (8)(a) The information required to be filed under Subsection
Utah Code Annotated § 34A-2-704(8)(b)(i): a statement of the covered claims paid by the Uninsured Employers' Fund; and
Utah Code Annotated § 34A-2-704(8)(b)(ii): an estimate of anticipated claims against the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(8)(c): (8); (1)(a)(i)(B) A filing under this Subsection
Utah Code Annotated § 34A-2-704(9): 34A-2-106 When an injury or death for which compensation is payable from the Uninsured Employers' Fund has been caused by the wrongful act or neglect of another person not in the same employment, the Uninsured Employers' Fund has the same rights as allowed under Section
Utah Code Annotated § 34A-2-704(10): The Uninsured Employers' Fund, subject to approval of the administrator, shall discharge its obligations by:
Utah Code Annotated § 34A-2-704(10)(a): adjusting its own claims; or
Utah Code Annotated § 34A-2-704(10)(b): contracting with an adjusting company, risk management company, insurance company, or other company that has expertise and capabilities in adjusting and paying workers' compensation claims.
Utah Code Annotated § 34A-2-704(11): (1)(a)(i)(B); (1)(a)(i)(B); (1)(a)(i)(B); (11); (5)(c)
Utah Code Annotated § 34A-2-704(11)(a): (1)(a)(i)(B); (1)(a)(i)(B); (1)(a)(i)(B) For the purpose of maintaining the Uninsured Employers' Fund, an administrative law judge, upon rendering a decision with respect to a claim for workers' compensation benefits in which an employer that meets a condition listed in Subsection
Utah Code Annotated § 34A-2-704(11)(a)(i): (1)(a)(i)(B) order the employer that meets a condition listed in Subsection
Utah Code Annotated § 34A-2-704(11)(a)(ii): (1)(a)(i)(B) impose a penalty against the employer that meets a condition listed in Subsection
Utah Code Annotated § 34A-2-704(11)(a)(ii)(A): of 15% of the value of the total award in connection with the claim; and
Utah Code Annotated § 34A-2-704(11)(a)(ii)(B): that shall be deposited into the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(11)(b): (11); (5)(c) An award under this Subsection
Utah Code Annotated § 34A-2-704(12): The state, the commission, and the state treasurer, with respect to payment of compensation benefits, expenses, fees, or disbursement properly chargeable against the Uninsured Employers' Fund:
Utah Code Annotated § 34A-2-704(12)(a): are liable only to the assets in the Uninsured Employers' Fund; and
Utah Code Annotated § 34A-2-704(12)(b): are not otherwise in any way liable for the making of a payment.
Utah Code Annotated § 34A-2-704(13): The commission may make reasonable rules for the processing and payment of a claim for compensation from the Uninsured Employers' Fund.
Utah Code Annotated § 34A-2-704(14): (14)(a)(ii); (1)(a)(i)(B); (1)(a)(i)(B); (15); (14); 34A-2-201.5; (1)(a)(i)(B); (1)(a)(i)(B); (1)(a)(i)(B); (14)(a)(ii); (1)(a)(i)(B); (14); (1)(a)(i)(B); (1)(a)(i)(B)
Utah Code Annotated § 34A-2-704(14)(a): (14)(a)(ii); (1)(a)(i)(B); (1)(a)(i)(B); (15); (14); 34A-2-201.5; (1)(a)(i)(B); (1)(a)(i)(B)
Utah Code Annotated § 34A-2-704(14)(a)(i): (14)(a)(ii); (1)(a)(i)(B); (1)(a)(i)(B); (15) If it becomes necessary for the Uninsured Employers' Fund to pay benefits under this section to an employee described in Subsection
Utah Code Annotated § 34A-2-704(14)(a)(i)(A): (1)(a)(i)(B) the obligations of the Uninsured Employers' Fund subsequent to a condition listed in Subsection
Utah Code Annotated § 34A-2-704(14)(a)(i)(B): (1)(a)(i)(B) the expenses of handling covered a claim subsequent to a condition listed in Subsection
Utah Code Annotated § 34A-2-704(14)(a)(i)(C): (15) the cost of an examination under Subsection
Utah Code Annotated § 34A-2-704(14)(a)(i)(D): other expenses authorized by this section.
Utah Code Annotated § 34A-2-704(14)(a)(ii): (14); 34A-2-201.5; (1)(a)(i)(B); (1)(a)(i)(B) This Subsection
Utah Code Annotated § 34A-2-704(14)(a)(ii)(A): 34A-2-201.5; (1)(a)(i)(B) a self-insured employer, as defined in Section
Utah Code Annotated § 34A-2-704(14)(a)(ii)(B): (1)(a)(i)(B) if the self-insured employer that meets a condition described in Subsection
Utah Code Annotated § 34A-2-704(14)(b): The assessments of a self-insured employer shall be in the proportion that the manual premium of the self-insured employer for the preceding calendar year bears to the manual premium of all self-insured employers for the preceding calendar year.
Utah Code Annotated § 34A-2-704(14)(c): A self-insured employer shall be notified of the self-insured employer's assessment not later than 30 days before the day on which the assessment is due.
Utah Code Annotated § 34A-2-704(14)(d): (1)(a)(i)(B)
Utah Code Annotated § 34A-2-704(14)(d)(i): A self-insured employer may not be assessed in any year an amount greater than 2% of that self-insured employer's manual premium for the preceding calendar year.
Utah Code Annotated § 34A-2-704(14)(d)(ii): (1)(a)(i)(B) If the maximum assessment does not provide in a year an amount sufficient to make all necessary payments from the Uninsured Employers' Fund for one or more self-insured employers that meet a condition listed in Subsection
Utah Code Annotated § 34A-2-704(14)(e): (14)(a)(ii); (1)(a)(i)(B) A self-insured employer is liable under this section for a period not to exceed three years after the day on which the Uninsured Employers' Fund first pays benefits to an employee described in Subsection
Utah Code Annotated § 34A-2-704(14)(f): (14); (1)(a)(i)(B); (1)(a)(i)(B) This Subsection
Utah Code Annotated § 34A-2-704(15): (15)(a); (15)(b); (14); (15)(b)
Utah Code Annotated § 34A-2-704(15)(a): The following shall notify the division of any information indicating that any of the following may be insolvent or in a financial condition hazardous to its employees or the public:
Utah Code Annotated § 34A-2-704(15)(a)(i): a self-insured employer; or
Utah Code Annotated § 34A-2-704(15)(a)(ii): if the self-insured employer is a public agency insurance mutual, a member of the public agency insurance mutual.
Utah Code Annotated § 34A-2-704(15)(b): (15)(a) Upon receipt of the notification described in Subsection
Utah Code Annotated § 34A-2-704(15)(b)(i): that self-insured employer; or
Utah Code Annotated § 34A-2-704(15)(b)(ii): if the self-insured employer is a public agency insurance mutual, a member of the public agency mutual.
Utah Code Annotated § 34A-2-704(15)(c): (15)(b); (14) The cost of the examination ordered under Subsection
Utah Code Annotated § 34A-2-704(15)(d): (15)(b) The results of the examination ordered under Subsection
Utah Code Annotated § 34A-2-704(16): (16)(a); (16)
Utah Code Annotated § 34A-2-704(16)(a): In a claim against an employer by the Uninsured Employers' Fund, or by or on behalf of the employee to whom or to whose dependents compensation and other benefits are paid or payable from the Uninsured Employers' Fund, the burden of proof is on the employer or other party in interest objecting to the claim.
Utah Code Annotated § 34A-2-704(16)(b): (16)(a) A claim described in Subsection
Utah Code Annotated § 34A-2-704(16)(c): (16) This Subsection
Utah Code Annotated § 34A-2-704(17): 34A-2-104(3); 34A-2-104(3); (17)(b)(i) A partner in a partnership or an owner of a sole proprietorship may not recover compensation or other benefits from the Uninsured Employers' Fund if:
Utah Code Annotated § 34A-2-704(17)(a): 34A-2-104(3) the person is not included as an employee under Subsection
Utah Code Annotated § 34A-2-704(17)(b): 34A-2-104(3); (17)(b)(i) the person is included as an employee under Subsection
Utah Code Annotated § 34A-2-704(17)(b)(i): the person's employer fails to insure or otherwise provide adequate payment of direct compensation; and
Utah Code Annotated § 34A-2-704(17)(b)(ii): (17)(b)(i) the failure described in Subsection
Utah Code Annotated § 34A-2-704(18): 34A-2-104(4) A director or officer of a corporation may not recover compensation or other benefits from the Uninsured Employers' Fund if the director or officer is excluded from coverage under Subsection
Utah Code Annotated § 34A-2-704(19): (1); (3); (19)(a) The Uninsured Employers' Fund:
Utah Code Annotated § 34A-2-704(19)(a): (1); (3) shall be:
Utah Code Annotated § 34A-2-704(19)(a)(i): (1); (3) used in accordance with this section only for:
Utah Code Annotated § 34A-2-704(19)(a)(i)(A): (1) the purpose of assisting in the payment of workers' compensation benefits in accordance with Subsection
Utah Code Annotated § 34A-2-704(19)(a)(i)(B): (3) in accordance with Subsection
Utah Code Annotated § 34A-2-704(19)(a)(i)(B)(I): reasonable costs of administering the Uninsured Employers' Fund; or
Utah Code Annotated § 34A-2-704(19)(a)(i)(B)(II): fees required to be paid by the Uninsured Employers' Fund; and
Utah Code Annotated § 34A-2-704(19)(a)(ii): expended according to processes that can be verified by audit; and
Utah Code Annotated § 34A-2-704(19)(b): (19)(a) may not be used for:
Utah Code Annotated § 34A-2-704(19)(b)(i): administrative costs unrelated to the Uninsured Employers' Fund; or
Utah Code Annotated § 34A-2-704(19)(b)(ii): (19)(a) an activity of the commission other than an activity described in Subsection
Utah Code Annotated § 34A-2-704(20): (1); Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 34A-2-704(20)(a): (1) For purposes of Subsection
Utah Code Annotated § 34A-2-704(20)(a)(i): 
Utah Code Annotated § 34A-2-704(20)(a)(i)(A): the employer who is liable for the benefits has a business premise in the state; and
Utah Code Annotated § 34A-2-704(20)(a)(i)(B): 
Utah Code Annotated § 34A-2-704(20)(a)(i)(B)(I): the contract for hire is entered into in the state; or
Utah Code Annotated § 34A-2-704(20)(a)(i)(B)(II): the employee regularly performs work duties in the state for the employer who is liable for the benefits; or
Utah Code Annotated § 34A-2-704(20)(a)(ii): the employee is:
Utah Code Annotated § 34A-2-704(20)(a)(ii)(A): a resident of the state; and
Utah Code Annotated § 34A-2-704(20)(a)(ii)(B): regularly performs work duties in the state for the employer who is liable for the benefits.
Utah Code Annotated § 34A-2-704(20)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with


Utah Code Annotated § 34A-2-705 Industrial Accident Restricted Account.
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Utah Code Annotated § 34A-2-705(1): 34A-2-107 As used in this section:
Utah Code Annotated § 34A-2-705(1)(a): "Account" means the Industrial Accident Restricted Account created by this section.
Utah Code Annotated § 34A-2-705(1)(b): 34A-2-107 "Advisory council" means the state workers' compensation advisory council created under Section
Utah Code Annotated § 34A-2-705(2): There is created in the General Fund a restricted account known as the "Industrial Accident Restricted Account."
Utah Code Annotated § 34A-2-705(3): 59-9-101(2)(c)(iv); 34A-2-1003; 34A-2-704
Utah Code Annotated § 34A-2-705(3)(a): 59-9-101(2)(c)(iv); 34A-2-1003 The account is funded from:
Utah Code Annotated § 34A-2-705(3)(a)(i): 59-9-101(2)(c)(iv) .5% of the premium income remitted to the state treasurer and credited to the account pursuant to Subsection
Utah Code Annotated § 34A-2-705(3)(a)(ii): 34A-2-1003 amounts deposited under Section
Utah Code Annotated § 34A-2-705(3)(b): 34A-2-704 If the balance in the account exceeds $500,000 at the close of a fiscal year, the excess shall be transferred to the Uninsured Employers' Fund created under Section
Utah Code Annotated § 34A-2-705(4): 34A-1-202; 34A-1-202; 34A-2-1005; (4)
Utah Code Annotated § 34A-2-705(4)(a): 34A-1-202; 34A-1-202; 34A-2-1005 From money appropriated by the Legislature from the account to the commission and subject to the requirements of this section, the commission may fund:
Utah Code Annotated § 34A-2-705(4)(a)(i): 34A-1-202 the activities of the Division of Industrial Accidents described in Section
Utah Code Annotated § 34A-2-705(4)(a)(ii): 34A-1-202 the activities of the Division of Adjudication described in Section
Utah Code Annotated § 34A-2-705(4)(a)(iii): 34A-2-1005 the activities of the commission described in Section
Utah Code Annotated § 34A-2-705(4)(b): (4) The money deposited in the account may not be used for a purpose other than a purpose described in this Subsection
Utah Code Annotated § 34A-2-705(5): 59-9-101(2)(d)(i); 59-9-101; 34A-2-202; 34A-2-1003; 59-9-101; 34A-2-202; 34A-2-1003
Utah Code Annotated § 34A-2-705(5)(a): 59-9-101(2)(d)(i); 59-9-101; 34A-2-202; 34A-2-1003 Each year before the public hearing required by Subsection
Utah Code Annotated § 34A-2-705(5)(a)(i): the commission's budget request to the governor for the next fiscal year related to:
Utah Code Annotated § 34A-2-705(5)(a)(i)(A): the Division of Industrial Accidents; and
Utah Code Annotated § 34A-2-705(5)(a)(i)(B): the Division of Adjudication;
Utah Code Annotated § 34A-2-705(5)(a)(ii): the expenditures of the commission for the fiscal year in which the commission is reporting related to:
Utah Code Annotated § 34A-2-705(5)(a)(ii)(A): the Division of Industrial Accidents; and
Utah Code Annotated § 34A-2-705(5)(a)(ii)(B): the Division of Adjudication;
Utah Code Annotated § 34A-2-705(5)(a)(iii): 59-9-101; 34A-2-202 revenues generated from the premium assessment under Section
Utah Code Annotated § 34A-2-705(5)(a)(iv): 34A-2-1003 money deposited under Section
Utah Code Annotated § 34A-2-705(5)(b): 59-9-101; 34A-2-202; 34A-2-1003 The commission shall annually report to the governor and the Legislature regarding:
Utah Code Annotated § 34A-2-705(5)(b)(i): the use of the money appropriated to the commission under this section;
Utah Code Annotated § 34A-2-705(5)(b)(ii): 59-9-101; 34A-2-202 revenues generated from the premium assessment under Section
Utah Code Annotated § 34A-2-705(5)(b)(iii): 34A-2-1003 money deposited under Section


Utah Code Annotated § 34A-2-706 Investment of Employers' Reinsurance Fund and Uninsured Employers' Fund.
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Utah Code Annotated § 34A-2-706(1): 34A-2-702; 34A-2-704 The state treasurer shall invest the assets of the Employers' Reinsurance Fund created under Section
Utah Code Annotated § 34A-2-706(2): Nothing in this section requires a specific outcome in investing.
Utah Code Annotated § 34A-2-706(3): The state treasurer may deduct any administrative costs incurred in managing fund assets from earnings before distributing the earnings.
Utah Code Annotated § 34A-2-706(4): 
Utah Code Annotated § 34A-2-706(4)(a): The state treasurer may employ professional asset managers to assist in the investment of the assets of the funds.
Utah Code Annotated § 34A-2-706(4)(b): The treasurer may only provide compensation to asset managers from earnings generated by the funds' investments.
Utah Code Annotated § 34A-2-706(5): 
Utah Code Annotated § 34A-2-706(5)(a): The state treasurer shall invest and manage the assets of the funds as a prudent investor would by:
Utah Code Annotated § 34A-2-706(5)(a)(i): considering the purposes, terms, distribution requirements, and other circumstances of the funds; and
Utah Code Annotated § 34A-2-706(5)(a)(ii): exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
Utah Code Annotated § 34A-2-706(5)(b): In determining whether the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
Utah Code Annotated § 34A-2-706(5)(b)(i): consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
Utah Code Annotated § 34A-2-706(5)(b)(ii): evaluate the state treasurer's investment and management decisions respecting individual assets:
Utah Code Annotated § 34A-2-706(5)(b)(ii)(A): not in isolation, but in the context of a fund portfolio as a whole; and
Utah Code Annotated § 34A-2-706(5)(b)(ii)(B): as a part of an overall investment strategy that has risk and return objectives reasonably suited to the funds.


Utah Code Annotated § 34A-2-801 Initiating adjudicative proceedings -- Procedure for review of administrative action.
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Utah Code Annotated § 34A-2-801(1): 34A-2-403; Chapter 3, Utah Occupational Disease Act; 34A-2-407(12); 34A-3-108(13); 34A-2-407; 34A-3-108
Utah Code Annotated § 34A-2-801(1)(a): 34A-2-403 To contest an action of the employee's employer or its insurance carrier concerning a compensable industrial accident or occupational disease alleged by the employee or a dependent any of the following shall file an application for hearing with the Division of Adjudication:
Utah Code Annotated § 34A-2-801(1)(a)(i): the employee;
Utah Code Annotated § 34A-2-801(1)(a)(ii): a representative of the employee, the qualifications of whom are defined in rule by the commission; or
Utah Code Annotated § 34A-2-801(1)(a)(iii): 34A-2-403 a dependent as described in Section
Utah Code Annotated § 34A-2-801(1)(b): Chapter 3, Utah Occupational Disease Act To appeal the imposition of a penalty or other administrative act imposed by the division on the employer or its insurance carrier for failure to comply with this chapter or
Utah Code Annotated § 34A-2-801(1)(b)(i): the employer;
Utah Code Annotated § 34A-2-801(1)(b)(ii): the insurance carrier; or
Utah Code Annotated § 34A-2-801(1)(b)(iii): a representative of either the employer or the insurance carrier, the qualifications of whom are defined in rule by the commission.
Utah Code Annotated § 34A-2-801(1)(c): 34A-2-407(12); 34A-3-108(13); 34A-2-407; 34A-3-108 A person providing goods or services described in Subsections
Utah Code Annotated § 34A-2-801(2): 
Utah Code Annotated § 34A-2-801(2)(a): Unless all parties agree to the assignment in writing, the Division of Adjudication may not assign the same administrative law judge to hear a claim under this section by an injured employee if the administrative law judge previously heard a claim by the same injured employee for a different injury or occupational disease.
Utah Code Annotated § 34A-2-801(2)(b): Unless all parties agree to the appointment in writing, an administrative law judge may not appoint the same medical panel or individual panel member to evaluate a claim by an injured employee if the medical panel or individual panel member previously evaluated a claim by the same injured employee for a different injury or occupational disease.
Utah Code Annotated § 34A-2-801(3): (4); (1) Unless a party in interest appeals the decision of an administrative law judge in accordance with Subsection
Utah Code Annotated § 34A-2-801(3)(a): the parties agree to a longer period of time; or
Utah Code Annotated § 34A-2-801(3)(b): a decision within the 60-day period is impracticable.
Utah Code Annotated § 34A-2-801(4): (4)(c)
Utah Code Annotated § 34A-2-801(4)(a): A party in interest may appeal the decision of an administrative law judge by filing a motion for review with the Division of Adjudication within 30 days of the date the decision is issued.
Utah Code Annotated § 34A-2-801(4)(b): (4)(c) Unless a party in interest to the appeal requests under Subsection
Utah Code Annotated § 34A-2-801(4)(c): A party in interest may request that an appeal be heard by the Appeals Board by filing the request with the Division of Adjudication:
Utah Code Annotated § 34A-2-801(4)(c)(i): as part of the motion for review; or
Utah Code Annotated § 34A-2-801(4)(c)(ii): if requested by a party in interest who did not file a motion for review, within 20 days of the day on which the motion for review is filed with the Division of Adjudication.
Utah Code Annotated § 34A-2-801(4)(d): A case appealed to the Appeals Board shall be decided by the majority vote of the Appeals Board.
Utah Code Annotated § 34A-2-801(5): The Division of Adjudication shall maintain a record on appeal, including an appeal docket showing the receipt and disposition of the appeals on review.
Utah Code Annotated § 34A-2-801(6): 34A-1-303 Upon appeal, the commissioner or Appeals Board shall make its decision in accordance with Section
Utah Code Annotated § 34A-2-801(6)(a): the parties agree to a longer period of time; or
Utah Code Annotated § 34A-2-801(6)(b): a decision within the 90-day period is impracticable.
Utah Code Annotated § 34A-2-801(7): The commissioner or Appeals Board shall promptly notify the parties to a proceeding before it of its decision, including its findings and conclusions.
Utah Code Annotated § 34A-2-801(8): (8)(b); Title 63G, Chapter 4, Administrative Procedures Act; 34A-2-413
Utah Code Annotated § 34A-2-801(8)(a): (8)(b); Title 63G, Chapter 4, Administrative Procedures Act Subject to Subsection
Utah Code Annotated § 34A-2-801(8)(b): 34A-2-413 In the case of an award of permanent total disability benefits under Section
Utah Code Annotated § 34A-2-801(9): (9)(a)
Utah Code Annotated § 34A-2-801(9)(a): Within 30 days after the day on which the decision of the commissioner or Appeals Board is issued, an aggrieved party may secure judicial review by commencing an action in the court of appeals against the commissioner or Appeals Board for the review of the decision of the commissioner or Appeals Board.
Utah Code Annotated § 34A-2-801(9)(b): (9)(a) In an action filed under Subsection
Utah Code Annotated § 34A-2-801(9)(b)(i): any other party to the proceeding before the commissioner or Appeals Board shall be made a party; and
Utah Code Annotated § 34A-2-801(9)(b)(ii): the commission shall be made a party.
Utah Code Annotated § 34A-2-801(9)(c): A party claiming to be aggrieved may seek judicial review only if the party exhausts the party's remedies before the commission as provided by this section.
Utah Code Annotated § 34A-2-801(9)(d): At the request of the court of appeals, the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with the decision of the commissioner or Appeals Board.
Utah Code Annotated § 34A-2-801(10): Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 34A-2-801(10)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission shall make rules, in accordance with
Utah Code Annotated § 34A-2-801(10)(b): The commission shall monitor the time from filing of an application for a hearing to issuance of a final order of the commission for cases brought under this part.


Utah Code Annotated § 34A-2-802 Rules of evidence and procedure before commission -- Admissible evidence.
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Utah Code Annotated § 34A-2-802(1): Chapter 3, Utah Occupational Disease Act The commission, the commissioner, an administrative law judge, or the Appeals Board, is not bound by the usual common law or statutory rules of evidence, or by any technical or formal rules or procedure, other than as provided in this section or as adopted by the commission pursuant to this chapter and
Utah Code Annotated § 34A-2-802(2): The commission may receive as evidence and use as proof of any fact in dispute all evidence considered material and relevant including the following:
Utah Code Annotated § 34A-2-802(2)(a): depositions and sworn testimony presented in open hearings;
Utah Code Annotated § 34A-2-802(2)(b): reports of attending or examining physicians, or of pathologists;
Utah Code Annotated § 34A-2-802(2)(c): reports of investigators appointed by the commission;
Utah Code Annotated § 34A-2-802(2)(d): reports of employers, including copies of time sheets, book accounts, or other records; or
Utah Code Annotated § 34A-2-802(2)(e): hospital records in the case of an injured or diseased employee.


Utah Code Annotated § 34A-2-803 Violation of judgments, orders, decrees, or provisions of chapter -- Grade of offense.
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Utah Code Annotated § 34A-2-803(1): Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act; Chapter 3, Utah Occupational Disease Act An employer, employee, or other person is guilty of a class B misdemeanor if that employer, employee, or other person violates this chapter or
Utah Code Annotated § 34A-2-803(1)(a): Chapter 3, Utah Occupational Disease Act doing any act prohibited by this chapter or
Utah Code Annotated § 34A-2-803(1)(b): Chapter 3, Utah Occupational Disease Act failing or refusing to perform any duty lawfully imposed under this chapter or
Utah Code Annotated § 34A-2-803(1)(c): Chapter 3, Utah Occupational Disease Act failing, neglecting, or refusing to obey any lawful order given or made by the commission, or any judgment or decree made by any court in connection with the provisions of this chapter or
Utah Code Annotated § 34A-2-803(2): Chapter 3, Utah Occupational Disease Act Every day during which any person fails to observe and comply with any order of the commission, or to perform any duty imposed by this chapter or


Utah Code Annotated § 34A-2-901 Workers' compensation presumption for emergency medical services providers.
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Utah Code Annotated § 34A-2-901(1): 78B-8-401 An emergency medical services provider who claims to have contracted a disease, as defined by Section
Utah Code Annotated § 34A-2-901(1)(a): his employment or service as an emergency medical services provider in this state commenced prior to July 1, 1988, and he tests positive for a disease during the tenure of his employment or service, or within three months after termination of his employment or service; or
Utah Code Annotated § 34A-2-901(1)(b): the individual's employment or service as an emergency medical services provider in this state commenced on or after July 1, 1988, and he tests negative for any disease at the time his employment or service commenced, and again three months later, and he subsequently tests positive during the tenure of his employment or service, or within three months after termination of his employment or service.
Utah Code Annotated § 34A-2-901(2): Each emergency medical services agency shall inform the emergency medical services providers that it employs or utilizes of the provisions and benefits of this section at commencement of and termination of employment or service.


Utah Code Annotated § 34A-2-902 Workers' compensation claims by emergency medical services providers -- Time limits.
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Utah Code Annotated § 34A-2-902(1): 78B-8-401; 34A-2-702(5) For all purposes of establishing a workers' compensation claim, the "date of accident" is presumed to be the date on which an emergency medical services provider first tests positive for a disease, as defined in Section
Utah Code Annotated § 34A-2-902(2): 34A-2-417; 34A-3-108 The time limits prescribed by Section
Utah Code Annotated § 34A-2-902(3): Any claim for workers' compensation benefits or medical expenses shall be filed with the Division of Adjudication of the Labor Commission within one year after the date on which the employee first acquires a disability or requires medical treatment for a disease, or within one year after the termination of employment as an emergency medical services provider, whichever occurs later.


Utah Code Annotated § 34A-2-903 Failure to be tested -- Time limit for death benefits.
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Utah Code Annotated § 34A-2-903(1): 34A-2-901 An emergency medical services provider who refuses or fails to be tested in accordance with Section
Utah Code Annotated § 34A-2-903(2): 34A-2-702; 34A-2-702(5) Death benefits payable under Section


Utah Code Annotated § 34A-2-904 Volunteer emergency medical services providers -- Workers' compensation premiums.
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Utah Code Annotated § 34A-2-904(1): For purposes of receiving workers' compensation benefits, any person performing the services of an emergency medical services provider is considered an employee of the entity for whom it provides those services.
Utah Code Annotated § 34A-2-904(2): 
Utah Code Annotated § 34A-2-904(2)(a): With regard to emergency medical services providers who perform those services for minimal or no compensation on a volunteer basis, and who are primarily employed other than as emergency medical services providers, the amount of workers' compensation benefits shall be based on that primary employment.  Any excess premiums necessary for workers' compensation shall be paid by the entity that utilized that individual as an emergency medical services provider.
Utah Code Annotated § 34A-2-904(2)(b): With regard to emergency medical services providers who perform those services for minimal or no compensation or on a volunteer basis, and who have no other employment, the amount of workers' compensation benefits shall be the minimum benefit.  Any premium necessary for workers' compensation shall be paid by the entity that utilizes that individual as an emergency medical services provider.
Utah Code Annotated § 34A-2-904(3): Title 34A, Chapter 2, Workers' Compensation Act; Chapter 3, Utah Occupational Disease Act; (2) Workers' compensation benefits are the exclusive remedy for all injuries and occupational diseases, as provided by


Utah Code Annotated § 34A-2-905 Rulemaking authority -- Rebuttable presumption.
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Utah Code Annotated § 34A-2-905(1): The Labor Commission has authority to establish rules necessary for the purposes of this part.
Utah Code Annotated § 34A-2-905(2): The presumption provided by this part is a rebuttable presumption.


Utah Code Annotated § 34A-2-1001 Title.
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This part is known as the "Workers' Compensation Coverage Waivers Act."

Utah Code Annotated § 34A-2-1002 Definitions.
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As used in this part:Utah Code Annotated § 34A-2-1002(1): (1)(a); (d) "Business entity" means:
Utah Code Annotated § 34A-2-1002(1)(a): a sole proprietorship;
Utah Code Annotated § 34A-2-1002(1)(b): a corporation;
Utah Code Annotated § 34A-2-1002(1)(c): a partnership;
Utah Code Annotated § 34A-2-1002(1)(d): a limited liability company; or
Utah Code Annotated § 34A-2-1002(1)(e): (1)(a); (d) an entity similar to one described in Subsections
Utah Code Annotated § 34A-2-1002(2): "Waiver" means a workers' compensation coverage waiver issued under this part.


Utah Code Annotated § 34A-2-1003 Issuance of a waiver.
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Utah Code Annotated § 34A-2-1003(1): 34A-2-103; 34A-2-104(3); (4); 34A-2-1004; 63J-1-504 The commission shall issue a workers' compensation coverage waiver to a business entity that:
Utah Code Annotated § 34A-2-1003(1)(a): 34A-2-103; 34A-2-104(3); (4) elects not to include an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section
Utah Code Annotated § 34A-2-1003(1)(b): employs no other employee on the day on which the commission issues the waiver to the business entity;
Utah Code Annotated § 34A-2-1003(1)(c): 34A-2-1004 provides to the commission the information required by Section
Utah Code Annotated § 34A-2-1003(1)(d): 63J-1-504 pays a fee established by the commission in accordance with Section
Utah Code Annotated § 34A-2-1003(2): 34A-2-1004; 63J-1-504
Utah Code Annotated § 34A-2-1003(2)(a): A waiver issued under this section expires one year from the day on which it is issued unless renewed by the holder of the waiver.
Utah Code Annotated § 34A-2-1003(2)(b): 34A-2-1004; 63J-1-504 To renew a waiver issued under this part, the holder of the waiver shall:
Utah Code Annotated § 34A-2-1003(2)(b)(i): employ no other employee on the day on which the commission renews the waiver;
Utah Code Annotated § 34A-2-1003(2)(b)(ii): 34A-2-1004 provide to the commission the information required by Section
Utah Code Annotated § 34A-2-1003(2)(b)(iii): 63J-1-504 pay a fee established by the commission in accordance with Section
Utah Code Annotated § 34A-2-1003(3): (1); (1)(a); 34A-2-201 As of the day on which a business entity described in Subsection
Utah Code Annotated § 34A-2-1003(3)(a): the business entity's waiver is invalid; and
Utah Code Annotated § 34A-2-1003(3)(b): 34A-2-201 the business entity is required to provide workers' compensation coverage for that employee in accordance with Section
Utah Code Annotated § 34A-2-1003(4): 34A-2-705 The commission shall deposit a fee collected under this section in the Industrial Accident Restricted Account created in Section
Utah Code Annotated § 34A-2-1003(5): 34A-2-1005 Unless invalidated under Section


Utah Code Annotated § 34A-2-1004 Information required to obtain a waiver.
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To obtain or renew a waiver, a business entity shall submit to the commission:Utah Code Annotated § 34A-2-1004(1): Title 58, Occupations and Professions a copy of two or more of the following:
Utah Code Annotated § 34A-2-1004(1)(a): the business entity's federal or state income tax return that shows business income for the complete taxable year that immediately precedes the day on which the business entity submits the information;
Utah Code Annotated § 34A-2-1004(1)(b): a valid business license;
Utah Code Annotated § 34A-2-1004(1)(c): Title 58, Occupations and Professions a license to engage in an occupation or profession, including a license under
Utah Code Annotated § 34A-2-1004(1)(d): documentation of an active liability insurance policy that covers the business entity's activities; or
Utah Code Annotated § 34A-2-1004(2): (1) a copy of one item listed in Subsection
Utah Code Annotated § 34A-2-1004(2)(a): proof of a bank account for the business entity;
Utah Code Annotated § 34A-2-1004(2)(b): proof that for the business entity there is:
Utah Code Annotated § 34A-2-1004(2)(b)(i): a telephone number; and
Utah Code Annotated § 34A-2-1004(2)(b)(ii): a physical location; or
Utah Code Annotated § 34A-2-1004(2)(c): an advertisement of services showing the business entity's name and contact information:
Utah Code Annotated § 34A-2-1004(2)(c)(i): in a newspaper of general circulation;
Utah Code Annotated § 34A-2-1004(2)(c)(ii): in a telephone directory;
Utah Code Annotated § 34A-2-1004(2)(c)(iii): on a website or social media; or
Utah Code Annotated § 34A-2-1004(2)(c)(iv): in a trade magazine.


Utah Code Annotated § 34A-2-1005 Enforcement.
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Utah Code Annotated § 34A-2-1005(1): 34A-2-103 The commission may investigate a business entity to determine whether the business entity validly elects to not cover an owner, partner, or corporate officer or director as an employee under a workers' compensation policy in accordance with Section
Utah Code Annotated § 34A-2-1005(2): Chapter 3, Utah Occupational Disease Act If the commission determines that a business entity's election as provided in this section is invalid, the commission may:
Utah Code Annotated § 34A-2-1005(2)(a): prohibit a business entity from using a waiver obtained under this part; and
Utah Code Annotated § 34A-2-1005(2)(b): Chapter 3, Utah Occupational Disease Act take any action provided for under this chapter or


Utah Code Annotated - Title 34A - Chapter 3 - Utah Occupational Disease Act
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Utah Code Annotated § 34A-3-101 Title -- Definitions.
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Utah Code Annotated § 34A-3-101(1): This chapter is known as the "Utah Occupational Disease Act."
Utah Code Annotated § 34A-3-101(2): For purposes of this chapter, "division" means the Division of Industrial Accidents.


Utah Code Annotated § 34A-3-102 Chapter to be administered by commission -- Exclusive remedy.
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Utah Code Annotated § 34A-3-102(1): 34A-2-112 The commission shall administer this chapter through the division, the Division of Adjudication, and the Appeals Board in accordance with Section
Utah Code Annotated § 34A-3-102(2): Chapter 2, Workers' Compensation Act Subject to the limitations provided in this chapter and, unless otherwise noted, all provisions of
Utah Code Annotated § 34A-3-102(3): 34A-2-105 The right to recover compensation under this chapter for diseases or injuries to health sustained by a Utah employee is the exclusive remedy as outlined in Section


Utah Code Annotated § 34A-3-103 Occupational diseases.
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For purposes of this chapter, a compensable occupational disease means any disease or illness that arises out of and in the course of employment and is medically caused or aggravated by that employment.

Utah Code Annotated § 34A-3-104 Employer liability for compensation.
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Utah Code Annotated § 34A-3-104(1): Every employer is liable for the payment of disability and medical benefits to every employee who acquires a disability, or death benefits to the dependents of any employee who dies, by reason of an occupational disease under the terms of this chapter.
Utah Code Annotated § 34A-3-104(2): Compensation may not be paid when the last day of injurious exposure of the employee to the hazards of the occupational disease occurred before 1941.


Utah Code Annotated § 34A-3-105 Last employer liable -- Exception.
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Utah Code Annotated § 34A-3-105(1): To the extent compensation is payable under this chapter for an occupational disease which arises out of and in the course of an employee's employment for more than one employer, the only employer liable shall be the employer in whose employment the employee was last injuriously exposed to the hazards of the disease if:
Utah Code Annotated § 34A-3-105(1)(a): the employee's exposure in the course of employment with that employer was a substantial contributing medical cause of the alleged occupational disease; and
Utah Code Annotated § 34A-3-105(1)(b): the employee was employed by that employer for at least 12 consecutive months.
Utah Code Annotated § 34A-3-105(2): (1) Should the conditions of Subsection


Utah Code Annotated § 34A-3-106 Mental stress claims.
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Utah Code Annotated § 34A-3-106(1): Physical, mental, or emotional diseases related to mental stress arising out of and in the course of employment shall be compensable under this chapter only when there is a sufficient legal and medical causal connection between the employee's disease and employment.
Utah Code Annotated § 34A-3-106(2): 
Utah Code Annotated § 34A-3-106(2)(a): Legal causation requires proof of extraordinary mental stress arising predominantly and directly from employment.
Utah Code Annotated § 34A-3-106(2)(b): The extraordinary nature of the alleged mental stress is judged according to an objective standard in comparison with contemporary national employment and nonemployment life.
Utah Code Annotated § 34A-3-106(3): Medical causation requires proof that the physical, mental, or emotional disease was medically caused by the mental stress that is the legal cause of the physical, mental, or emotional disease.
Utah Code Annotated § 34A-3-106(4): Good faith employer personnel actions including disciplinary actions, work evaluations, job transfers, layoffs, demotions, promotions, terminations, or retirements, may not form the basis of compensable mental stress claims under this chapter.
Utah Code Annotated § 34A-3-106(5): Alleged discrimination, harassment, or unfair labor practices otherwise actionable at law may not form the basis of compensable mental stress claims under this chapter.
Utah Code Annotated § 34A-3-106(6): An employee who alleges a compensable occupational disease involving mental stress bears the burden of proof to establish legal and medical causation by a preponderance of the evidence.


Utah Code Annotated § 34A-3-107 Benefits -- Disability compensation, death, medical, hospital, and burial expenses -- Procedure and payments.
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Utah Code Annotated § 34A-3-107(1): Chapter 2, Workers' Compensation Act The benefits to which an employee with a disability or the employee's dependents are entitled under this chapter shall be based upon the employee's average weekly wage at the time the cause of action arises and shall be computed in accordance with and in all ways shall be equivalent to the benefits for disability and death provided in
Utah Code Annotated § 34A-3-107(2): Chapter 2, Workers' Compensation Act The employee with a disability is entitled to medical, hospital, and burial expenses equivalent to those provided in
Utah Code Annotated § 34A-3-107(3): Chapter 2, Workers' Compensation Act; 34A-2-703 The procedure and payment of benefits under this chapter shall be equivalent to and consistent with


Utah Code Annotated § 34A-3-108 Reporting of occupational diseases -- Regulation of health care providers.
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Utah Code Annotated § 34A-3-108(1): An employee sustaining an occupational disease, as defined in this chapter, arising out of and in the course of employment shall provide notification to the employee's employer promptly of the occupational disease.  If the employee is unable to provide notification, the employee's next of kin or attorney may provide notification of the occupational disease to the employee's employer.
Utah Code Annotated § 34A-3-108(2): 
Utah Code Annotated § 34A-3-108(2)(a): An employee who fails to notify the employee's employer or the division within 180 days after the cause of action arises is barred from a claim of benefits arising from the occupational disease.
Utah Code Annotated § 34A-3-108(2)(b): The cause of action is considered to arise on the date the employee first:
Utah Code Annotated § 34A-3-108(2)(b)(i): suffers disability from the occupational disease; and
Utah Code Annotated § 34A-3-108(2)(b)(ii): knows, or in the exercise of reasonable diligence should have known, that the occupational disease is caused by employment.
Utah Code Annotated § 34A-3-108(3): The following constitute notification of an occupational disease:
Utah Code Annotated § 34A-3-108(3)(a): an employer's report filed with the:
Utah Code Annotated § 34A-3-108(3)(a)(i): division; or
Utah Code Annotated § 34A-3-108(3)(a)(ii): workers' compensation insurance carrier;
Utah Code Annotated § 34A-3-108(3)(b): a physician's injury report filed with the:
Utah Code Annotated § 34A-3-108(3)(b)(i): division;
Utah Code Annotated § 34A-3-108(3)(b)(ii): employer; or
Utah Code Annotated § 34A-3-108(3)(b)(iii): workers' compensation insurance carrier;
Utah Code Annotated § 34A-3-108(3)(c): a workers' compensation insurance carrier's report to the division; or
Utah Code Annotated § 34A-3-108(3)(d): the payment of any medical or disability benefit by the employer or the employer's workers' compensation insurance carrier.
Utah Code Annotated § 34A-3-108(4): (4)(b); (4)(a); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-2-407(5); 34A-3-103
Utah Code Annotated § 34A-3-108(4)(a): (4)(b) An employer and the employer's workers' compensation insurance carrier, if any, shall file a report in accordance with the rules described in Subsection
Utah Code Annotated § 34A-3-108(4)(a)(i): medical treatment;
Utah Code Annotated § 34A-3-108(4)(a)(ii): loss of consciousness;
Utah Code Annotated § 34A-3-108(4)(a)(iii): loss of work;
Utah Code Annotated § 34A-3-108(4)(a)(iv): restriction of work; or
Utah Code Annotated § 34A-3-108(4)(a)(v): transfer to another job.
Utah Code Annotated § 34A-3-108(4)(b): (4)(a); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-2-407(5) An employer or the employer's workers' compensation insurance carrier, if any, shall file a report required under Subsection
Utah Code Annotated § 34A-3-108(4)(c): 34A-3-103 A report is not required:
Utah Code Annotated § 34A-3-108(4)(c)(i): for a minor injury that requires first aid treatment only, unless a treating physician files, or is required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the division;
Utah Code Annotated § 34A-3-108(4)(c)(ii): for occupational diseases that manifest after the employee is no longer employed by the employer with which the exposure occurred; or
Utah Code Annotated § 34A-3-108(4)(c)(iii): 34A-3-103 when the employer is not aware of an exposure occasioned by the employment that results in an occupational disease as defined by Section
Utah Code Annotated § 34A-3-108(5): An employer or its workers' compensation insurance carrier, if any, shall provide the employee with:
Utah Code Annotated § 34A-3-108(5)(a): a copy of the report submitted to the division; and
Utah Code Annotated § 34A-3-108(5)(b): a statement, as prepared by the division, of the employee's rights and responsibilities related to the occupational disease.
Utah Code Annotated § 34A-3-108(6): An employer shall maintain a record in a manner prescribed by the division of occupational diseases resulting in:
Utah Code Annotated § 34A-3-108(6)(a): medical treatment;
Utah Code Annotated § 34A-3-108(6)(b): loss of consciousness;
Utah Code Annotated § 34A-3-108(6)(c): loss of work;
Utah Code Annotated § 34A-3-108(6)(d): restriction of work; or
Utah Code Annotated § 34A-3-108(6)(e): transfer to another job.
Utah Code Annotated § 34A-3-108(7): 34A-2-407(8) An employer or a workers' compensation insurance carrier who refuses or neglects to make a report, maintain a record, or file a report with the division as required by this section is subject to citation and civil assessment in accordance with Subsection
Utah Code Annotated § 34A-3-108(8): (8)(c); 34A-2-407.5; 34A-2-111; (8)(a); (8)(a); 34A-2-407(9)(a)(ii); (iii); 34A-2-407.5; (8)
Utah Code Annotated § 34A-3-108(8)(a): (8)(c); 34A-2-407.5 Except as provided in Subsection
Utah Code Annotated § 34A-3-108(8)(a)(i): comply with the rules, including the schedule of fees, for services as adopted by the commission;
Utah Code Annotated § 34A-3-108(8)(a)(ii): make reports to the division at any and all times as required as to the condition and treatment of an occupationally diseased employee or as to any other matter concerning industrial cases being treated; and
Utah Code Annotated § 34A-3-108(8)(a)(iii): 34A-2-407.5 comply with rules made under Section
Utah Code Annotated § 34A-3-108(8)(b): 34A-2-111; (8)(a) A physician, as defined in Section
Utah Code Annotated § 34A-3-108(8)(c): (8)(a); 34A-2-407(9)(a)(ii); (iii); 34A-2-407.5 A hospital is not subject to the requirements of Subsection
Utah Code Annotated § 34A-3-108(8)(d): The commission's schedule of fees may reasonably differentiate remuneration to be paid to providers of health services based on:
Utah Code Annotated § 34A-3-108(8)(d)(i): the severity of the employee's condition;
Utah Code Annotated § 34A-3-108(8)(d)(ii): the nature of the treatment necessary; and
Utah Code Annotated § 34A-3-108(8)(d)(iii): the facilities or equipment specially required to deliver that treatment.
Utah Code Annotated § 34A-3-108(8)(e): (8) This Subsection
Utah Code Annotated § 34A-3-108(9): A copy of the physician's initial report shall be furnished to the:
Utah Code Annotated § 34A-3-108(9)(a): division;
Utah Code Annotated § 34A-3-108(9)(b): employee; and
Utah Code Annotated § 34A-3-108(9)(c): employer or its workers' compensation insurance carrier.
Utah Code Annotated § 34A-3-108(10): (8)(a)(ii); 34A-2-407(9)(a)(iii); 34A-2-407(8) A person subject to reporting under Subsection
Utah Code Annotated § 34A-3-108(11): (11); Chapter 2, Workers' Compensation Act; Chapter 2, Workers' Compensation Act; 34A-2-201.5; (11)(d); (11)(d); (11)(b)
Utah Code Annotated § 34A-3-108(11)(a): (11); Chapter 2, Workers' Compensation Act; Chapter 2, Workers' Compensation Act; 34A-2-201.5 As used in this Subsection
Utah Code Annotated § 34A-3-108(11)(a)(i): Chapter 2, Workers' Compensation Act "Balance billing" means charging a person, on whose behalf a workers' compensation insurance carrier or self-insured employer is obligated to pay medical benefits under this chapter or
Utah Code Annotated § 34A-3-108(11)(a)(ii): Chapter 2, Workers' Compensation Act "Covered medical services" means medical services provided by a hospital that are covered by workers' compensation medical benefits under this chapter or
Utah Code Annotated § 34A-3-108(11)(a)(iii): 34A-2-201.5 "Self-insured employer" means the same as that term is defined in Section
Utah Code Annotated § 34A-3-108(11)(b): (11)(d) Subject to Subsection
Utah Code Annotated § 34A-3-108(11)(c): (11)(d); (11)(b) Subject to Subsection
Utah Code Annotated § 34A-3-108(11)(d): A hospital may not engage in balance billing.
Utah Code Annotated § 34A-3-108(12): 
Utah Code Annotated § 34A-3-108(12)(a): An application for a hearing to resolve a dispute regarding an occupational disease claim shall be filed with the Division of Adjudication.
Utah Code Annotated § 34A-3-108(12)(b): After the filing, a copy shall be forwarded by mail to:
Utah Code Annotated § 34A-3-108(12)(b)(i): 
Utah Code Annotated § 34A-3-108(12)(b)(i)(A): the employer; or
Utah Code Annotated § 34A-3-108(12)(b)(i)(B): the employer's workers' compensation insurance carrier;
Utah Code Annotated § 34A-3-108(12)(b)(ii): the applicant; and
Utah Code Annotated § 34A-3-108(12)(b)(iii): the attorneys for the parties.
Utah Code Annotated § 34A-3-108(13): 34A-1-303; Chapter 2, Workers' Compensation Act; (11); (13)(a)(i); (13)(a)(i); (13)(a); 34A-2-211(6); 34A-2-212; (13)(a); Chapter 2, Workers' Compensation Act
Utah Code Annotated § 34A-3-108(13)(a): 34A-1-303; Chapter 2, Workers' Compensation Act; (11); (13)(a)(i); (13)(a)(i) Subject to appellate review under Section
Utah Code Annotated § 34A-3-108(13)(a)(i): Chapter 2, Workers' Compensation Act whether goods provided to or services rendered to an employee is compensable pursuant to this chapter and
Utah Code Annotated § 34A-3-108(13)(a)(i)(A): medical, nurse, or hospital services;
Utah Code Annotated § 34A-3-108(13)(a)(i)(B): medicines; and
Utah Code Annotated § 34A-3-108(13)(a)(i)(C): artificial means, appliances, or prosthesis;
Utah Code Annotated § 34A-3-108(13)(a)(ii): (11); (13)(a)(i) except for amounts charged or paid under Subsection
Utah Code Annotated § 34A-3-108(13)(a)(iii): (13)(a)(i) collection issues related to a good or service described in Subsection
Utah Code Annotated § 34A-3-108(13)(b): (13)(a); 34A-2-211(6); 34A-2-212; (13)(a); Chapter 2, Workers' Compensation Act Except as provided in Subsection


Utah Code Annotated § 34A-3-109 Limitations -- Rights barred if not filed within limits -- Burden of proof.
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Utah Code Annotated § 34A-3-109(1): 34A-2-417(1) The limitation of rights regarding medical benefits provided in Subsection
Utah Code Annotated § 34A-3-109(2): (2)(b); (2)(a); (2)(a)(i); (ii)
Utah Code Annotated § 34A-3-109(2)(a): (2)(b) A claim described in Subsection
Utah Code Annotated § 34A-3-109(2)(a)(i): files an application for hearing with the Division of Adjudication no later than six years from the date the employee's cause of action arose; and
Utah Code Annotated § 34A-3-109(2)(a)(ii): by no later than 12 years from the date on which the employee's cause of action arose, is able to meet the employee's burden of proving that the employee is due the compensation claimed under this chapter.
Utah Code Annotated § 34A-3-109(2)(b): (2)(a) Subsection
Utah Code Annotated § 34A-3-109(2)(b)(i): temporary total disability benefits;
Utah Code Annotated § 34A-3-109(2)(b)(ii): temporary partial disability benefits;
Utah Code Annotated § 34A-3-109(2)(b)(iii): permanent partial disability benefits; or
Utah Code Annotated § 34A-3-109(2)(b)(iv): permanent total disability benefits.
Utah Code Annotated § 34A-3-109(2)(c): (2)(a)(i); (ii) The commission may enter an order awarding or denying an employee's claim for compensation under this chapter within a reasonable time period beyond 12 years from the date on which the employee's cause of action arose, if:
Utah Code Annotated § 34A-3-109(2)(c)(i): (2)(a)(i); (ii) the employee complies with Subsections
Utah Code Annotated § 34A-3-109(2)(c)(ii): 12 years from the date on which the employee's cause of action arose:
Utah Code Annotated § 34A-3-109(2)(c)(ii)(A): 
Utah Code Annotated § 34A-3-109(2)(c)(ii)(A)(I): the employee is fully cooperating in a commission approved reemployment plan; and
Utah Code Annotated § 34A-3-109(2)(c)(ii)(A)(II): the results of that commission approved reemployment plan are not known; or
Utah Code Annotated § 34A-3-109(2)(c)(ii)(B): the employee is actively adjudicating issues of compensability before the commission.
Utah Code Annotated § 34A-3-109(3): (3)(b)
Utah Code Annotated § 34A-3-109(3)(a): (3)(b) Subject to Subsection
Utah Code Annotated § 34A-3-109(3)(b): A dependents' claim for death benefits may not be actionable more than six years after the employee's cause of action arises.
Utah Code Annotated § 34A-3-109(4): (2)(c); (4)(b); (4)(a)(i); (4)(a); (2)(a)(ii); (4)(b); (2)(a)
Utah Code Annotated § 34A-3-109(4)(a): (2)(c); (4)(b); (4)(a)(i)
Utah Code Annotated § 34A-3-109(4)(a)(i): (2)(c); (4)(b) Subject to Subsections
Utah Code Annotated § 34A-3-109(4)(a)(ii): (4)(a)(i) The order described in Subsection
Utah Code Annotated § 34A-3-109(4)(a)(ii)(A): Division of Adjudication;
Utah Code Annotated § 34A-3-109(4)(a)(ii)(B): employee's employer; or
Utah Code Annotated § 34A-3-109(4)(a)(ii)(C): employer's insurance carrier.
Utah Code Annotated § 34A-3-109(4)(b): (4)(a); (2)(a)(ii) Under Subsection
Utah Code Annotated § 34A-3-109(4)(b)(i): without prejudice; or
Utah Code Annotated § 34A-3-109(4)(b)(ii): (2)(a)(ii) with prejudice only if:
Utah Code Annotated § 34A-3-109(4)(b)(ii)(A): the Division of Adjudication adjudicates the merits of the employee's entitlement to the compensation claimed in the application for hearing; or
Utah Code Annotated § 34A-3-109(4)(b)(ii)(B): (2)(a)(ii) the employee fails to comply with Subsection
Utah Code Annotated § 34A-3-109(4)(c): (4)(b); (2)(a) If a claim is dismissed without prejudice under Subsection


Utah Code Annotated § 34A-3-110 Occupational disease aggravated by other diseases.
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The compensation payable under this chapter shall be reduced and limited to the proportion of the compensation that would be payable if the occupational disease were the sole cause of disability or death, as the occupational disease as a causative factor bears to all the causes of the disability or death when the occupational disease, or any part of the disease:Utah Code Annotated § 34A-3-110(1): is causally related to employment with a non-Utah employer not subject to commission jurisdiction;
Utah Code Annotated § 34A-3-110(2): is of a character to which the employee may have had substantial exposure outside of employment or to which the general public is commonly exposed;
Utah Code Annotated § 34A-3-110(3): is aggravated by any other disease or infirmity not itself compensable; or
Utah Code Annotated § 34A-3-110(4): when disability or death from any other cause not itself compensable is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease.


Utah Code Annotated § 34A-3-111 Compensation not additional to that provided for accidents.
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The compensation provided under this chapter is not in addition to compensation that may be payable under

Utah Code Annotated § 34A-3-112 Employee's willful misconduct.
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Utah Code Annotated § 34A-3-112(1): Notwithstanding anything contained in this chapter, an employee or dependent of any employee is not entitled to receive compensation for disability or death from an occupational disease when the disability or death, wholly or in part, was caused by the purposeful self-exposure of the employee.
Utah Code Annotated § 34A-3-112(2): (2)(b)(i); (iii) Except in cases resulting in death:
Utah Code Annotated § 34A-3-112(2)(a): Compensation provided for in this chapter shall be reduced 15% when the occupational disease is caused by the willful failure of the employee:
Utah Code Annotated § 34A-3-112(2)(a)(i): to use safety devices when provided by the employer; or
Utah Code Annotated § 34A-3-112(2)(a)(ii): to obey any order or reasonable rule adopted by the employer for the safety of the employee.
Utah Code Annotated § 34A-3-112(2)(b): (2)(b)(i); (iii) Except when the employer permitted, encouraged, or had actual knowledge of the conduct described in Subsections
Utah Code Annotated § 34A-3-112(2)(b)(i): use of illegal substances;
Utah Code Annotated § 34A-3-112(2)(b)(ii): intentional abuse of drugs in excess of prescribed therapeutic amounts; or
Utah Code Annotated § 34A-3-112(2)(b)(iii): intoxication from alcohol with a blood or breath alcohol concentration of .05 grams or greater as shown by a chemical test.


Utah Code Annotated § 34A-3-113 Presumption of workers' compensation benefits for firefighters -- Study.
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Utah Code Annotated § 34A-3-113(1): 67-20-2(10)(b)(ii) As used in this section:
Utah Code Annotated § 34A-3-113(1)(a): 67-20-2(10)(b)(ii)
Utah Code Annotated § 34A-3-113(1)(a)(i): 67-20-2(10)(b)(ii) "Firefighter" means a member, including a volunteer member, as described in Subsection
Utah Code Annotated § 34A-3-113(1)(a)(ii): "Firefighter" does not include a person whose job description, duties, or responsibilities do not include direct involvement in fire suppression.
Utah Code Annotated § 34A-3-113(1)(b): "Presumptive cancer" means one or more of the following cancers:
Utah Code Annotated § 34A-3-113(1)(b)(i): pharynx;
Utah Code Annotated § 34A-3-113(1)(b)(ii): esophagus;
Utah Code Annotated § 34A-3-113(1)(b)(iii): lung; and
Utah Code Annotated § 34A-3-113(1)(b)(iv): mesothelioma.
Utah Code Annotated § 34A-3-113(2): (3) If a firefighter who contracts a presumptive cancer meets the requirements of Subsection
Utah Code Annotated § 34A-3-113(2)(a): the presumptive cancer was contracted arising out of and in the course of employment; and
Utah Code Annotated § 34A-3-113(2)(b): the presumptive cancer was not contracted by a willful act of the firefighter.
Utah Code Annotated § 34A-3-113(3): (2) To be entitled to the rebuttable presumption described in Subsection
Utah Code Annotated § 34A-3-113(3)(a): during the time of employment as a firefighter, undergo annual physical examinations;
Utah Code Annotated § 34A-3-113(3)(b): have been employed as a firefighter for eight years or more and regularly responded to firefighting or emergency calls within the eight-year period; and
Utah Code Annotated § 34A-3-113(3)(c): if the firefighter has used tobacco, provide documentation from a physician that indicates that the firefighter has not used tobacco for the eight years preceding reporting the presumptive cancer to the employer or division.
Utah Code Annotated § 34A-3-113(4): A presumption established under this section may be rebutted by a preponderance of the evidence.
Utah Code Annotated § 34A-3-113(5): (2); 34A-3-105 If a firefighter who contracts a presumptive cancer is employed as a firefighter by more than one employer and qualifies for the presumption under Subsection
Utah Code Annotated § 34A-3-113(6): 34A-3-108 A cause of action subject to the presumption under this section is considered to arise on the date that the employee:
Utah Code Annotated § 34A-3-113(6)(a): suffers disability from the occupational disease;
Utah Code Annotated § 34A-3-113(6)(b): knows, or in the exercise of reasonable diligence should have known, that the occupational disease is caused by employment; and
Utah Code Annotated § 34A-3-113(6)(c): 34A-3-108 files a claim as provided in Section
Utah Code Annotated § 34A-3-113(7): (1)(b); 53B-30-203
Utah Code Annotated § 34A-3-113(7)(a): (1)(b) The division shall conduct a study to determine whether cancers other than the cancers listed in Subsection
Utah Code Annotated § 34A-3-113(7)(b): 53B-30-203 In conducting the study, the division shall:
Utah Code Annotated § 34A-3-113(7)(b)(i): consider cancer latency periods; and
Utah Code Annotated § 34A-3-113(7)(b)(ii): 53B-30-203 consult with:
Utah Code Annotated § 34A-3-113(7)(b)(ii)(A): associations representing firefighters;
Utah Code Annotated § 34A-3-113(7)(b)(ii)(B): fire departments; and
Utah Code Annotated § 34A-3-113(7)(b)(ii)(C): 53B-30-203 the Rocky Mountain Center for Occupational and Environmental Health created in Section
Utah Code Annotated § 34A-3-113(7)(c): Before November 30, 2024, the division shall provide a report to the Business and Labor Interim Committee summarizing the results of the study and any recommendations for legislation.


Utah Code Annotated § 34A-3-201 Definitions.
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Utah Code Annotated § 34A-3-201(1): 34A-2-102; 26B-2-201; (1)(b)(ii)(A); (G); 67-20-2; Title 67, Chapter 20, Volunteer Government Workers Act; Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; Title 58, Chapter 70a, Utah Physician Assistant Act; Title 58, Chapter 31b, Nurse Practice Act; Title 34, Chapter 40, Utah Minimum Wage Act As used in this part:
Utah Code Annotated § 34A-3-201(1)(a): "COVID-19" means the disease caused by severe acute respiratory syndrome coronavirus 2.
Utah Code Annotated § 34A-3-201(1)(b): 34A-2-102; 26B-2-201; (1)(b)(ii)(A); (G); 67-20-2; Title 67, Chapter 20, Volunteer Government Workers Act "First responder" means:
Utah Code Annotated § 34A-3-201(1)(b)(i): 34A-2-102 a first responder as defined in Section
Utah Code Annotated § 34A-3-201(1)(b)(ii): 26B-2-201; (1)(b)(ii)(A); (G) an individual employed by:
Utah Code Annotated § 34A-3-201(1)(b)(ii)(A): 26B-2-201 a health care facility as defined in Section
Utah Code Annotated § 34A-3-201(1)(b)(ii)(B): an office of a physician, chiropractor, or dentist;
Utah Code Annotated § 34A-3-201(1)(b)(ii)(C): a nursing home;
Utah Code Annotated § 34A-3-201(1)(b)(ii)(D): a retirement facility;
Utah Code Annotated § 34A-3-201(1)(b)(ii)(E): a home health care provider;
Utah Code Annotated § 34A-3-201(1)(b)(ii)(F): a pharmacy;
Utah Code Annotated § 34A-3-201(1)(b)(ii)(G): a facility that performs laboratory or medical testing on human specimens; or
Utah Code Annotated § 34A-3-201(1)(b)(ii)(H): (1)(b)(ii)(A); (G) an entity similar to the entities listed in Subsections
Utah Code Annotated § 34A-3-201(1)(b)(iii): an individual employed by, working with, or working at the direction of a local health department; or
Utah Code Annotated § 34A-3-201(1)(b)(iv): 67-20-2; Title 67, Chapter 20, Volunteer Government Workers Act a volunteer, as defined in Section
Utah Code Annotated § 34A-3-201(1)(c): Title 58, Chapter 67, Utah Medical Practice Act; Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; Title 58, Chapter 70a, Utah Physician Assistant Act; Title 58, Chapter 31b, Nurse Practice Act "Physician" means an individual licensed under:
Utah Code Annotated § 34A-3-201(1)(c)(i): Title 58, Chapter 67, Utah Medical Practice Act
Utah Code Annotated § 34A-3-201(1)(c)(ii): Title 58, Chapter 68, Utah Osteopathic Medical Practice Act
Utah Code Annotated § 34A-3-201(1)(c)(iii): Title 58, Chapter 70a, Utah Physician Assistant Act
Utah Code Annotated § 34A-3-201(1)(c)(iv): Title 58, Chapter 31b, Nurse Practice Act
Utah Code Annotated § 34A-3-201(1)(d): Title 34, Chapter 40, Utah Minimum Wage Act "Utah minimum wage" means the highest wage designated as Utah's minimum wage under
Utah Code Annotated § 34A-3-201(2): For purposes of this part, an individual is diagnosed with COVID-19 if the individual:
Utah Code Annotated § 34A-3-201(2)(a): through laboratory testing of a specimen the individual provides, tests positive for the virus that causes COVID-19; and
Utah Code Annotated § 34A-3-201(2)(b): is diagnosed with COVID-19 by a physician.


Utah Code Annotated § 34A-3-202 Workers' compensation presumption for first responders.
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Utah Code Annotated § 34A-3-202(1): A first responder who claims to have contracted COVID-19 during the performance of the first responder's duties as a first responder, is presumed to have contracted COVID-19 during the course of performing the first responder's duties as a first responder if the first responder is diagnosed with COVID-19:
Utah Code Annotated § 34A-3-202(1)(a): while employed or serving as a first responder; or
Utah Code Annotated § 34A-3-202(1)(b): if the first responder's employment or service as a first responder terminates, within two weeks after the day on which the first responder's employment or service terminates.
Utah Code Annotated § 34A-3-202(2): A first responder who makes a claim under this part shall provide written documentation of a COVID-19 diagnosis to the first responder's employer or insurer.


Utah Code Annotated § 34A-3-203 Workers' compensation claims.
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Utah Code Annotated § 34A-3-203(1): This part applies to a claim resulting from an exposure arising out of and in the course of a first responder's employment or service on or after March 21, 2020, and before June 1, 2021.
Utah Code Annotated § 34A-3-203(2): For purposes of establishing a workers' compensation claim under this part, the date of exposure is presumed to be the earlier of the day on which:
Utah Code Annotated § 34A-3-203(2)(a): the first responder is diagnosed with COVID-19;
Utah Code Annotated § 34A-3-203(2)(b): the first responder is unable to work because of a symptom of a disease that is later diagnosed as COVID-19; or
Utah Code Annotated § 34A-3-203(2)(c): the first responder's employment or service as a first responder terminates, if the first responder is diagnosed with COVID-19 within two weeks after the day on which the first responder's employment or service as a first responder terminates.
Utah Code Annotated § 34A-3-203(3): Death benefits payable under this chapter are payable only if a claimant establishes by competent evidence that death was a consequence of or a result of COVID-19.


Utah Code Annotated § 34A-3-204 Failure to be tested -- Rebuttable presumption.
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Utah Code Annotated § 34A-3-204(1): A first responder who refuses examination for COVID-19 or fails to be diagnosed with COVID-19 is not entitled to the presumption established under this part.
Utah Code Annotated § 34A-3-204(2): The presumption established under this part may be rebutted by a preponderance of the evidence.


Utah Code Annotated § 34A-3-205 Determining employers of first responders -- Volunteer first responders -- Workers' compensation premiums.
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Utah Code Annotated § 34A-3-205(1): For purposes of receiving workers' compensation benefits, a first responder performing the services of a first responder is considered an employee of an entity for whom the first responder provides those services.
Utah Code Annotated § 34A-3-205(2): 34A-2-409
Utah Code Annotated § 34A-3-205(2)(a): 34A-2-409 A first responder who only performs the services of a first responder for minimal or no compensation or on a volunteer basis receives an amount of workers' compensation:
Utah Code Annotated § 34A-3-205(2)(a)(i): 34A-2-409 calculated in accordance with Section
Utah Code Annotated § 34A-3-205(2)(a)(ii): 
Utah Code Annotated § 34A-3-205(2)(a)(ii)(A): based on the first responder's primary employment, if the first responder is primarily employed other than as a first responder; or
Utah Code Annotated § 34A-3-205(2)(a)(ii)(B): based on the Utah minimum wage, if the first responder has no employment other than as a first responder.
Utah Code Annotated § 34A-3-205(2)(b): An entity for whom a first responder provides first responder services for minimal or no compensation or on a volunteer basis shall:
Utah Code Annotated § 34A-3-205(2)(b)(i): pay any excess premium necessary for workers' compensation, if the first responder is primarily employed other than as a first responder; and
Utah Code Annotated § 34A-3-205(2)(b)(ii): pay any premium necessary for workers' compensation, if the first responder has no employment other than as a first responder.
Utah Code Annotated § 34A-3-205(3): A first responder is not precluded from utilizing insurance a primary employer provides, or any other insurance benefits, in addition to workers' compensation benefits.


Utah Code Annotated § 34A-3-206 Rulemaking authority.
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The commission may make rules in accordance with

Utah Code Annotated - Title 34A - Chapter 4 - Hospital and Medical Service for Miners with a Disability
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Utah Code Annotated § 34A-4-101 Who entitled.
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Utah Code Annotated § 34A-4-101(1): 34A-4-102 Certain miners with a disability meeting the requirements of Section
Utah Code Annotated § 34A-4-101(2): (1); Chapter 2, Workers' Compensation Act; Chapter 3, Utah Occupational Disease Act; Chapter 2, Workers' Compensation Act; Chapter 3, Utah Occupational Disease Act Notwithstanding Subsection


Utah Code Annotated § 34A-4-102 Application for benefits.
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To be entitled to the free hospital and medical service provided for in SectionUtah Code Annotated § 34A-4-102(1): that the miner is and has been a resident of this state for a period of two years immediately preceding the filing of the miner's application;
Utah Code Annotated § 34A-4-102(2): that the miner has been employed in the mines of this state for a period of at least five years and that the disability from which the miner is suffering and for which the miner is in need of hospital and medical treatment is due to such employment;
Utah Code Annotated § 34A-4-102(3): that the miner is physically incapable of entering remunerative employment and holding a job;
Utah Code Annotated § 34A-4-102(4): that the miner's disability is such that hospital and medical attention is necessary; and
Utah Code Annotated § 34A-4-102(5): that the miner is financially unable to secure and pay for hospital and medical service.


Utah Code Annotated - Title 34A - Chapter 5 - Utah Antidiscrimination Act
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Utah Code Annotated § 34A-5-101 Title.
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This chapter shall be known as the "Utah Antidiscrimination Act."

Utah Code Annotated § 34A-5-102 Definitions -- Unincorporated entities -- Joint employers -- Franchisors.
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Utah Code Annotated § 34A-5-102(1): 16-6a-102; 35A-6-102; 63G-4-103; 34A-5-106 As used in this chapter:
Utah Code Annotated § 34A-5-102(1)(a): 16-6a-102 "Affiliate" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-102(1)(b): 35A-6-102 "Apprenticeship" means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section
Utah Code Annotated § 34A-5-102(1)(c): "Bona fide occupational qualification" means a characteristic applying to an employee that:
Utah Code Annotated § 34A-5-102(1)(c)(i): is necessary to the operation; or
Utah Code Annotated § 34A-5-102(1)(c)(ii): is the essence of the employee's employer's business.
Utah Code Annotated § 34A-5-102(1)(d): "Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.
Utah Code Annotated § 34A-5-102(1)(e): "Director" means the director of the division.
Utah Code Annotated § 34A-5-102(1)(f): "Disability" means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
Utah Code Annotated § 34A-5-102(1)(g): "Division" means the Division of Antidiscrimination and Labor.
Utah Code Annotated § 34A-5-102(1)(h): "Employee" means a person applying with or employed by an employer.
Utah Code Annotated § 34A-5-102(1)(i): 
Utah Code Annotated § 34A-5-102(1)(i)(i): "Employer" means:
Utah Code Annotated § 34A-5-102(1)(i)(i)(A): the state;
Utah Code Annotated § 34A-5-102(1)(i)(i)(B): a political subdivision;
Utah Code Annotated § 34A-5-102(1)(i)(i)(C): a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
Utah Code Annotated § 34A-5-102(1)(i)(i)(D): a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.
Utah Code Annotated § 34A-5-102(1)(i)(ii): "Employer" does not include:
Utah Code Annotated § 34A-5-102(1)(i)(ii)(A): a religious organization, a religious corporation sole, a religious association, a religious society, a religious educational institution, or a religious leader, when that individual is acting in the capacity of a religious leader;
Utah Code Annotated § 34A-5-102(1)(i)(ii)(B): any corporation or association constituting an affiliate, a wholly owned subsidiary, or an agency of any religious organization, religious corporation sole, religious association, or religious society; or
Utah Code Annotated § 34A-5-102(1)(i)(ii)(C): the Boy Scouts of America or its councils, chapters, or subsidiaries.
Utah Code Annotated § 34A-5-102(1)(j): "Employment agency" means a person:
Utah Code Annotated § 34A-5-102(1)(j)(i): undertaking to procure employees or opportunities to work for any other person; or
Utah Code Annotated § 34A-5-102(1)(j)(ii): holding the person out to be equipped to take an action described in Subsection (1)(j)(i).
Utah Code Annotated § 34A-5-102(1)(k): "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec.  105, of the federal government.
Utah Code Annotated § 34A-5-102(1)(l): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-5-102(1)(m): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-5-102(1)(n): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-5-102(1)(o): "Gender identity" has the meaning provided in the Diagnostic and Statistical Manual (DSM-5).  A person's gender identity can be shown by providing evidence, including, but not limited to, medical history, care or treatment of the gender identity, consistent and uniform assertion of the gender identity, or other evidence that the gender identity is sincerely held, part of a person's core identity, and not being asserted for an improper purpose.
Utah Code Annotated § 34A-5-102(1)(p): "Joint apprenticeship committee" means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program.
Utah Code Annotated § 34A-5-102(1)(q): "Labor organization" means an organization that exists for the purpose in whole or in part of:
Utah Code Annotated § 34A-5-102(1)(q)(i): collective bargaining;
Utah Code Annotated § 34A-5-102(1)(q)(ii): dealing with employers concerning grievances, terms or conditions of employment; or
Utah Code Annotated § 34A-5-102(1)(q)(iii): other mutual aid or protection in connection with employment.
Utah Code Annotated § 34A-5-102(1)(r): "National origin" means the place of birth, domicile, or residence of an individual or of an individual's ancestors.
Utah Code Annotated § 34A-5-102(1)(s): "On-the-job-training" means a program designed to instruct a person who, while learning the particular job for which the person is receiving instruction:
Utah Code Annotated § 34A-5-102(1)(s)(i): is also employed at that job; or
Utah Code Annotated § 34A-5-102(1)(s)(ii): may be employed by the employer conducting the program during the course of the program, or when the program is completed.
Utah Code Annotated § 34A-5-102(1)(t): "Person" means:
Utah Code Annotated § 34A-5-102(1)(t)(i): one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
Utah Code Annotated § 34A-5-102(1)(t)(ii): the state; and
Utah Code Annotated § 34A-5-102(1)(t)(iii): a political subdivision of the state.
Utah Code Annotated § 34A-5-102(1)(u): "Pregnancy, childbirth, or pregnancy-related conditions" includes breastfeeding or medical conditions related to breastfeeding.
Utah Code Annotated § 34A-5-102(1)(v): 63G-4-103 "Presiding officer" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-102(1)(w): 34A-5-106 "Prohibited employment practice" means a practice specified as discriminatory, and therefore unlawful, in Section
Utah Code Annotated § 34A-5-102(1)(x): "Religious leader" means an individual who is associated with, and is an authorized representative of, a religious organization or association or a religious corporation sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual advisor.
Utah Code Annotated § 34A-5-102(1)(y): "Retaliate" means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:
Utah Code Annotated § 34A-5-102(1)(y)(i): opposes an employment practice prohibited under this chapter; or
Utah Code Annotated § 34A-5-102(1)(y)(ii): files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter.
Utah Code Annotated § 34A-5-102(1)(z): "Sexual orientation" means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual.
Utah Code Annotated § 34A-5-102(1)(aa): "Undue hardship" means an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation.
Utah Code Annotated § 34A-5-102(1)(bb): "Unincorporated entity" means an entity organized or doing business in the state that is not:
Utah Code Annotated § 34A-5-102(1)(bb)(i): an individual;
Utah Code Annotated § 34A-5-102(1)(bb)(ii): a corporation; or
Utah Code Annotated § 34A-5-102(1)(bb)(iii): publicly traded.
Utah Code Annotated § 34A-5-102(1)(cc): "Vocational school" means a school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations.
Utah Code Annotated § 34A-5-102(2): 
Utah Code Annotated § 34A-5-102(2)(a): For purposes of this chapter, an unincorporated entity that is required to be licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to be the employer of each individual who, directly or indirectly, holds an ownership interest in the unincorporated entity.
Utah Code Annotated § 34A-5-102(2)(b): Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that the individual:
Utah Code Annotated § 34A-5-102(2)(b)(i): is an active manager of the unincorporated entity;
Utah Code Annotated § 34A-5-102(2)(b)(ii): directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or
Utah Code Annotated § 34A-5-102(2)(b)(iii): is not subject to supervision or control in the performance of work by:
Utah Code Annotated § 34A-5-102(2)(b)(iii)(A): the unincorporated entity; or
Utah Code Annotated § 34A-5-102(2)(b)(iii)(B): a person with whom the unincorporated entity contracts.
Utah Code Annotated § 34A-5-102(2)(c): As part of the rules made under Subsection (2)(b), the commission may define:
Utah Code Annotated § 34A-5-102(2)(c)(i): "active manager";
Utah Code Annotated § 34A-5-102(2)(c)(ii): "directly or indirectly holds at least an 8% ownership interest"; and
Utah Code Annotated § 34A-5-102(2)(c)(iii): "subject to supervision or control in the performance of work."
Utah Code Annotated § 34A-5-102(3): For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
Utah Code Annotated § 34A-5-102(4): 
Utah Code Annotated § 34A-5-102(4)(a): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34A-5-102(4)(a)(i): a franchisee; or
Utah Code Annotated § 34A-5-102(4)(a)(ii): a franchisee's employee.
Utah Code Annotated § 34A-5-102(4)(b): With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise that exercises a type or degree of control over the franchisee or the franchisee's employee not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Utah Code Annotated § 34A-5-102(5): Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an action under this chapter in the judicial district in which the asserted unfair employment practice occurs if the action is brought in the district court.


Utah Code Annotated § 34A-5-102.5 Supremacy over local regulations -- No special class created for other purposes.
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Utah Code Annotated § 34A-5-102.5(1): This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in employment.
Utah Code Annotated § 34A-5-102.5(2): This chapter shall not be construed to create a special or protected class for any purpose other than employment.


Utah Code Annotated § 34A-5-102.7 Nonseverability.
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Utah Code Annotated § 34A-5-104 Powers.
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Utah Code Annotated § 34A-5-104(1): 
Utah Code Annotated § 34A-5-104(1)(a): The commission has jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter.
Utah Code Annotated § 34A-5-104(1)(b): The commission may adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of this chapter.
Utah Code Annotated § 34A-5-104(2): The division may:
Utah Code Annotated § 34A-5-104(2)(a): appoint and prescribe the duties of an investigator, other employee, or agent of the commission that the commission considers necessary for the enforcement of this chapter;
Utah Code Annotated § 34A-5-104(2)(b): receive, reject, investigate, and pass upon complaints alleging:
Utah Code Annotated § 34A-5-104(2)(b)(i): discrimination in:
Utah Code Annotated § 34A-5-104(2)(b)(i)(A): employment;
Utah Code Annotated § 34A-5-104(2)(b)(i)(B): an apprenticeship program;
Utah Code Annotated § 34A-5-104(2)(b)(i)(C): an on-the-job training program; or
Utah Code Annotated § 34A-5-104(2)(b)(i)(D): a vocational school; or
Utah Code Annotated § 34A-5-104(2)(b)(ii): the existence of a discriminatory or prohibited employment practice by:
Utah Code Annotated § 34A-5-104(2)(b)(ii)(A): a person;
Utah Code Annotated § 34A-5-104(2)(b)(ii)(B): an employer;
Utah Code Annotated § 34A-5-104(2)(b)(ii)(C): an employment agency;
Utah Code Annotated § 34A-5-104(2)(b)(ii)(D): a labor organization;
Utah Code Annotated § 34A-5-104(2)(b)(ii)(E): an employee or member of an employment agency or labor organization;
Utah Code Annotated § 34A-5-104(2)(b)(ii)(F): a joint apprenticeship committee; and
Utah Code Annotated § 34A-5-104(2)(b)(ii)(G): a vocational school;
Utah Code Annotated § 34A-5-104(2)(c): investigate and study the existence, character, causes, and extent of discrimination in employment, apprenticeship programs, on-the-job training programs, and vocational schools in this state by:
Utah Code Annotated § 34A-5-104(2)(c)(i): employers;
Utah Code Annotated § 34A-5-104(2)(c)(ii): employment agencies;
Utah Code Annotated § 34A-5-104(2)(c)(iii): labor organizations;
Utah Code Annotated § 34A-5-104(2)(c)(iv): joint apprenticeship committees; and
Utah Code Annotated § 34A-5-104(2)(c)(v): vocational schools;
Utah Code Annotated § 34A-5-104(2)(d): formulate plans for the elimination of discrimination by educational or other means;
Utah Code Annotated § 34A-5-104(2)(e): issue publications and reports of investigations and research that:
Utah Code Annotated § 34A-5-104(2)(e)(i): promote good will among the various racial, religious, and ethnic groups of the state; and
Utah Code Annotated § 34A-5-104(2)(e)(ii): minimize or eliminate discrimination in employment because of race, color, sex, religion, national origin, age, disability, sexual orientation, or gender identity;
Utah Code Annotated § 34A-5-104(2)(f): prepare and transmit to the governor, at least once each year, reports describing:
Utah Code Annotated § 34A-5-104(2)(f)(i): division proceedings and investigations;
Utah Code Annotated § 34A-5-104(2)(f)(ii): decisions the division renders; and
Utah Code Annotated § 34A-5-104(2)(f)(iii): other work performed by the division;
Utah Code Annotated § 34A-5-104(2)(g): recommend policies to the governor, and submit recommendation to employers, employment agencies, and labor organizations to implement those policies;
Utah Code Annotated § 34A-5-104(2)(h): recommend legislation to the governor that the division considers necessary concerning discrimination because of:
Utah Code Annotated § 34A-5-104(2)(h)(i): race;
Utah Code Annotated § 34A-5-104(2)(h)(ii): sex;
Utah Code Annotated § 34A-5-104(2)(h)(iii): color;
Utah Code Annotated § 34A-5-104(2)(h)(iv): national origin;
Utah Code Annotated § 34A-5-104(2)(h)(v): religion;
Utah Code Annotated § 34A-5-104(2)(h)(vi): age;
Utah Code Annotated § 34A-5-104(2)(h)(vii): disability;
Utah Code Annotated § 34A-5-104(2)(h)(viii): sexual orientation; or
Utah Code Annotated § 34A-5-104(2)(h)(ix): gender identity; and
Utah Code Annotated § 34A-5-104(2)(i): within the limits of appropriations made for the division's operation, cooperate with other agencies or organizations, both public and private, in the planning and conducting of educational programs designed to eliminate discriminatory practices prohibited under this chapter.
Utah Code Annotated § 34A-5-104(3): In addition to processing complaints made in accordance with this chapter, the division shall investigate an alleged discriminatory practice involving an officer or employee of state government when requested by the Career Service Review Office.
Utah Code Annotated § 34A-5-104(4): Title 77, Chapter 22b, Grants of Immunity
Utah Code Annotated § 34A-5-104(4)(a): In an investigation held under this chapter, the division may subpoena a person to compel the person to:
Utah Code Annotated § 34A-5-104(4)(a)(i): cooperate and participate in an interview; or
Utah Code Annotated § 34A-5-104(4)(a)(ii): produce for examination a book, paper, or other information relating to the matters raised by the complaint.
Utah Code Annotated § 34A-5-104(4)(b): If a person fails or refuses to obey a subpoena issued by the division, the division may petition the district court to enforce the subpoena.
Utah Code Annotated § 34A-5-104(4)(c): Title 77, Chapter 22b, Grants of Immunity If a person asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to


Utah Code Annotated § 34A-5-106 Discriminatory or prohibited employment practices -- Permitted practices.
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Utah Code Annotated § 34A-5-106(1): (1)(a); (g); (1)(a)(iii)(A); (1)(c)(ii); (1)(c); (1)(d)(ii); (1)(d); (1)(f)(i)(A); (1)(f)(i)(A); (1)(f)(ii); (1)(f)(i)(D); (1)(f)(i)(D); (7) It is a discriminatory or prohibited employment practice to take an action described in Subsections
Utah Code Annotated § 34A-5-106(1)(a): (1)(a)(iii)(A)
Utah Code Annotated § 34A-5-106(1)(a)(i): An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of:
Utah Code Annotated § 34A-5-106(1)(a)(i)(A): race;
Utah Code Annotated § 34A-5-106(1)(a)(i)(B): color;
Utah Code Annotated § 34A-5-106(1)(a)(i)(C): sex;
Utah Code Annotated § 34A-5-106(1)(a)(i)(D): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(a)(i)(E): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(a)(i)(F): religion;
Utah Code Annotated § 34A-5-106(1)(a)(i)(G): national origin;
Utah Code Annotated § 34A-5-106(1)(a)(i)(H): disability;
Utah Code Annotated § 34A-5-106(1)(a)(i)(I): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(a)(i)(J): gender identity.
Utah Code Annotated § 34A-5-106(1)(a)(ii): A person may not be considered "otherwise qualified," unless that person possesses the following required by an employer for any particular job, job classification, or position:
Utah Code Annotated § 34A-5-106(1)(a)(ii)(A): education;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(B): training;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(C): ability, with or without reasonable accommodation;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(D): moral character;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(E): integrity;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(F): disposition to work;
Utah Code Annotated § 34A-5-106(1)(a)(ii)(G): adherence to reasonable rules and regulations; and
Utah Code Annotated § 34A-5-106(1)(a)(ii)(H): other job related qualifications required by an employer.
Utah Code Annotated § 34A-5-106(1)(a)(iii): (1)(a)(iii)(A)
Utah Code Annotated § 34A-5-106(1)(a)(iii)(A): As used in this chapter, "to discriminate in matters of compensation" means the payment of differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job.
Utah Code Annotated § 34A-5-106(1)(a)(iii)(B): (1)(a)(iii)(A) Notwithstanding Subsection
Utah Code Annotated § 34A-5-106(1)(a)(iii)(B)(I): nothing in this chapter prevents an increase in pay as a result of longevity with the employer, if the salary increase is uniformly applied and available to all employees on a substantially proportional basis; and
Utah Code Annotated § 34A-5-106(1)(a)(iii)(B)(II): nothing in this section prohibits an employer and employee from agreeing to a rate of pay or work schedule designed to protect the employee from loss of Social Security payment or benefits if the employee is eligible for those payments.
Utah Code Annotated § 34A-5-106(1)(b): An employment agency may not:
Utah Code Annotated § 34A-5-106(1)(b)(i): refuse to list and properly classify for employment, or refuse to refer an individual for employment, in a known available job for which the individual is otherwise qualified, because of:
Utah Code Annotated § 34A-5-106(1)(b)(i)(A): race;
Utah Code Annotated § 34A-5-106(1)(b)(i)(B): color;
Utah Code Annotated § 34A-5-106(1)(b)(i)(C): sex;
Utah Code Annotated § 34A-5-106(1)(b)(i)(D): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(b)(i)(E): religion;
Utah Code Annotated § 34A-5-106(1)(b)(i)(F): national origin;
Utah Code Annotated § 34A-5-106(1)(b)(i)(G): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(b)(i)(H): disability;
Utah Code Annotated § 34A-5-106(1)(b)(i)(I): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(b)(i)(J): gender identity; or
Utah Code Annotated § 34A-5-106(1)(b)(ii): comply with a request from an employer for referral of an applicant for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of:
Utah Code Annotated § 34A-5-106(1)(b)(ii)(A): race;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(B): color;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(C): sex;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(D): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(E): religion;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(F): national origin;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(G): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(H): disability;
Utah Code Annotated § 34A-5-106(1)(b)(ii)(I): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(b)(ii)(J): gender identity.
Utah Code Annotated § 34A-5-106(1)(c): (1)(c)(ii); (1)(c)
Utah Code Annotated § 34A-5-106(1)(c)(i): (1)(c)(ii) A labor organization may not for a reason listed in Subsection
Utah Code Annotated § 34A-5-106(1)(c)(i)(A): exclude an individual otherwise qualified from full membership rights in the labor organization;
Utah Code Annotated § 34A-5-106(1)(c)(i)(B): expel the individual from membership in the labor organization; or
Utah Code Annotated § 34A-5-106(1)(c)(i)(C): otherwise discriminate against or harass a member of the labor organization in full employment of work opportunity, or representation.
Utah Code Annotated § 34A-5-106(1)(c)(ii): (1)(c) A labor organization may not take an action listed in this Subsection
Utah Code Annotated § 34A-5-106(1)(c)(ii)(A): race;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(B): sex;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(C): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(D): religion;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(E): national origin;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(F): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(G): disability;
Utah Code Annotated § 34A-5-106(1)(c)(ii)(H): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(c)(ii)(I): gender identity.
Utah Code Annotated § 34A-5-106(1)(d): (1)(d)(ii); (1)(d)
Utah Code Annotated § 34A-5-106(1)(d)(i): (1)(d)(ii) Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for a security reason, an employer, employment agency, or labor organization may not do the following if the statement, advertisement, publication, form, or inquiry violates Subsection
Utah Code Annotated § 34A-5-106(1)(d)(i)(A): print, circulate, or cause to be printed or circulated a statement, advertisement, or publication;
Utah Code Annotated § 34A-5-106(1)(d)(i)(B): use a form of application for employment or membership; or
Utah Code Annotated § 34A-5-106(1)(d)(i)(C): make any inquiry in connection with prospective employment or membership.
Utah Code Annotated § 34A-5-106(1)(d)(ii): (1)(d) This Subsection
Utah Code Annotated § 34A-5-106(1)(d)(ii)(A): race;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(B): color;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(C): religion;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(D): sex;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(E): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(F): national origin;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(G): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(H): disability;
Utah Code Annotated § 34A-5-106(1)(d)(ii)(I): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(d)(ii)(J): gender identity.
Utah Code Annotated § 34A-5-106(1)(e): A person, whether or not an employer, an employment agency, a labor organization, or an employee or member of an employer, employment agency, or labor organization, may not:
Utah Code Annotated § 34A-5-106(1)(e)(i): aid, incite, compel, or coerce the doing of an act defined in this section to be a discriminatory or prohibited employment practice;
Utah Code Annotated § 34A-5-106(1)(e)(ii): obstruct or prevent a person from complying with this chapter, or any order issued under this chapter; or
Utah Code Annotated § 34A-5-106(1)(e)(iii): attempt, either directly or indirectly, to commit an act prohibited in this section.
Utah Code Annotated § 34A-5-106(1)(f): (1)(f)(i)(A); (1)(f)(i)(A); (1)(f)(ii); (1)(f)(i)(D); (1)(f)(i)(D)
Utah Code Annotated § 34A-5-106(1)(f)(i): (1)(f)(i)(A); (1)(f)(i)(A); (1)(f)(ii) An employer, labor organization, joint apprenticeship committee, or vocational school providing, coordinating, or controlling an apprenticeship program or providing, coordinating, or controlling an on-the-job-training program, instruction, training, or retraining program may not:
Utah Code Annotated § 34A-5-106(1)(f)(i)(A): deny to, or withhold from, any qualified person the right to be admitted to or participate in an apprenticeship training program, on-the-job-training program, or other occupational instruction, training, or retraining program because of:
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(I): race;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(II): color;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(III): sex;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(IV): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(V): religion;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(VI): national origin;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(VII): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(VIII): disability;
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(IX): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(f)(i)(A)(X): gender identity;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B): (1)(f)(i)(A) discriminate against or harass a qualified person in that person's pursuit of a program described in Subsection
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(I): race;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(II): color;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(III): sex;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(IV): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(V): religion;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(VI): national origin;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(VII): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(VIII): disability;
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(IX): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(f)(i)(B)(X): gender identity;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C): (1)(f)(i)(A) discriminate against a qualified person in the terms, conditions, or privileges of a program described in Subsection
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(I): race;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(II): color;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(III): sex;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(IV): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(V): religion;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(VI): national origin;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(VII): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(VIII): disability;
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(IX): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(f)(i)(C)(X): gender identity; or
Utah Code Annotated § 34A-5-106(1)(f)(i)(D): (1)(f)(ii) except as provided in Subsection
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(I): race;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(II): color;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(III): sex;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(IV): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(V): religion;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(VI): national origin;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(VII): age, if the individual is 40 years of age or older;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(VIII): disability;
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(IX): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(f)(i)(D)(X): gender identity.
Utah Code Annotated § 34A-5-106(1)(f)(ii): (1)(f)(i)(D); (1)(f)(i)(D) Notwithstanding Subsection
Utah Code Annotated § 34A-5-106(1)(f)(ii)(A): race;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(B): color;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(C): religion;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(D): sex;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(E): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(F): age;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(G): national origin;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(H): disability;
Utah Code Annotated § 34A-5-106(1)(f)(ii)(I): sexual orientation; or
Utah Code Annotated § 34A-5-106(1)(f)(ii)(J): gender identity.
Utah Code Annotated § 34A-5-106(1)(g): (7) Subject to Subsection
Utah Code Annotated § 34A-5-106(1)(g)(i): refuse to provide reasonable accommodations for an employee related to pregnancy, childbirth, breastfeeding, or related conditions:
Utah Code Annotated § 34A-5-106(1)(g)(i)(A): if the employee requests a reasonable accommodation; and
Utah Code Annotated § 34A-5-106(1)(g)(i)(B): unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer;
Utah Code Annotated § 34A-5-106(1)(g)(ii): require an employee to terminate employment if another reasonable accommodation can be provided for the employee's pregnancy, childbirth, breastfeeding, or related conditions unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer; or
Utah Code Annotated § 34A-5-106(1)(g)(iii): deny employment opportunities to an employee, if the denial is based on the need of the employer to make reasonable accommodations related to the pregnancy, childbirth, breastfeeding, or related conditions of an employee unless the employer demonstrates that the accommodation would create an undue hardship on the operations of the employer.
Utah Code Annotated § 34A-5-106(2): (1)(a); (1)(g); Title 32B, Alcoholic Beverage Control Act Subsections
Utah Code Annotated § 34A-5-106(2)(a): the termination of employment of an individual who, with or without reasonable accommodation, is physically, mentally, or emotionally unable to perform the duties required by that individual's employment;
Utah Code Annotated § 34A-5-106(2)(b): the variance of insurance premiums or coverage on account of age; or
Utah Code Annotated § 34A-5-106(2)(c): Title 32B, Alcoholic Beverage Control Act a restriction on the activities of a person licensed in accordance with
Utah Code Annotated § 34A-5-106(3): 
Utah Code Annotated § 34A-5-106(3)(a): It is not a discriminatory or prohibited employment practice:
Utah Code Annotated § 34A-5-106(3)(a)(i): for an employer to hire and employ an employee, for an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling an apprenticeship or other training or retraining program to admit or employ an individual in the program on the basis of religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, disability, sexual orientation, or gender identity in those certain instances when religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin, disability, sexual orientation, or gender identity is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;
Utah Code Annotated § 34A-5-106(3)(a)(ii): for a school, college, university, or other educational institution to hire and employ an employee of a particular religion if:
Utah Code Annotated § 34A-5-106(3)(a)(ii)(A): the school, college, university, or other educational institution is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religious corporation, association, or society; or
Utah Code Annotated § 34A-5-106(3)(a)(ii)(B): the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion;
Utah Code Annotated § 34A-5-106(3)(a)(iii): for an employer to give preference in employment to:
Utah Code Annotated § 34A-5-106(3)(a)(iii)(A): the employer's:
Utah Code Annotated § 34A-5-106(3)(a)(iii)(A)(I): spouse;
Utah Code Annotated § 34A-5-106(3)(a)(iii)(A)(II): child; or
Utah Code Annotated § 34A-5-106(3)(a)(iii)(A)(III): son-in-law or daughter-in-law;
Utah Code Annotated § 34A-5-106(3)(a)(iii)(B): a person for whom the employer is or would be liable to furnish financial support if the person were unemployed;
Utah Code Annotated § 34A-5-106(3)(a)(iii)(C): a person to whom the employer during the preceding six months furnishes more than one-half of total financial support regardless of whether or not the employer was or is legally obligated to furnish support; or
Utah Code Annotated § 34A-5-106(3)(a)(iii)(D): a person whose education or training is substantially financed by the employer for a period of two years or more.
Utah Code Annotated § 34A-5-106(3)(b): Nothing in this chapter applies to a business or enterprise on or near an Indian reservation with respect to a publicly announced employment practice of the business or enterprise under which preferential treatment is given to an individual because that individual is a native American Indian living on or near an Indian reservation.
Utah Code Annotated § 34A-5-106(3)(c): Nothing in this chapter may be interpreted to require an employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this chapter to grant preferential treatment to an individual or to a group because of the race, color, religion, sex, age, national origin, disability, sexual orientation, or gender identity of the individual or group on account of an imbalance that may exist with respect to the total number or percentage of persons of a race, color, religion, sex, age, national origin, disability, sexual orientation, or gender identity employed by an employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by a labor organization, or admitted to or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, age, national origin, disability, sexual orientation, or gender identity in any community or county or in the available work force in any community or county.
Utah Code Annotated § 34A-5-106(4): It is not a discriminatory or prohibited practice with respect to age to observe the terms of a bona fide seniority system or any bona fide employment benefit plan such as a retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this chapter, except that an employee benefit plan may not excuse the failure to hire an individual.
Utah Code Annotated § 34A-5-106(5): (4); (6) Notwithstanding Subsection
Utah Code Annotated § 34A-5-106(5)(a): (6) under Subsection
Utah Code Annotated § 34A-5-106(5)(b): when age is a bona fide occupational qualification.
Utah Code Annotated § 34A-5-106(6): (6)(a) Nothing in this section prohibits compulsory retirement of an employee who has attained at least 65 years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if:
Utah Code Annotated § 34A-5-106(6)(a): that employee is entitled to an immediate nonforfeitable annual retirement benefit from the employee's employer's pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans; and
Utah Code Annotated § 34A-5-106(6)(b): (6)(a) the benefit described in Subsection
Utah Code Annotated § 34A-5-106(7): (1)(g); (7)(a); (1)(g); (7)(a); (1)(g); (7)
Utah Code Annotated § 34A-5-106(7)(a): (1)(g) For purposes of Subsection
Utah Code Annotated § 34A-5-106(7)(b): (7)(a) A certification under Subsection
Utah Code Annotated § 34A-5-106(7)(b)(i): the date the reasonable accommodation becomes medically advisable;
Utah Code Annotated § 34A-5-106(7)(b)(ii): the probable duration of the reasonable accommodation; and
Utah Code Annotated § 34A-5-106(7)(b)(iii): an explanatory statement as to the medical advisability of the reasonable accommodation.
Utah Code Annotated § 34A-5-106(7)(c): (1)(g); (7)(a) Notwithstanding Subsections
Utah Code Annotated § 34A-5-106(7)(d): (1)(g); (7) An employer is not required under Subsection
Utah Code Annotated § 34A-5-106(7)(e): An employer shall include in an employee handbook, or post in a conspicuous place in the employer's place of business, written notice concerning an employee's rights to reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.


Utah Code Annotated § 34A-5-107 Procedure for aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
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Utah Code Annotated § 34A-5-107(1): 
Utah Code Annotated § 34A-5-107(1)(a): A person claiming to be aggrieved by a discriminatory or prohibited employment practice may, or that person's attorney or agent may, make, sign, and file with the division a request for agency action.
Utah Code Annotated § 34A-5-107(1)(b): A request for agency action shall be verified under oath or affirmation.
Utah Code Annotated § 34A-5-107(1)(c): A request for agency action made under this section shall be filed within 180 days after the alleged discriminatory or prohibited employment practice occurs.
Utah Code Annotated § 34A-5-107(1)(d): The division may transfer a request for agency action filed with the division pursuant to this section to the federal Equal Employment Opportunity Commission in accordance with a work-share agreement that is:
Utah Code Annotated § 34A-5-107(1)(d)(i): between the division and the Equal Employment Opportunity Commission; and
Utah Code Annotated § 34A-5-107(1)(d)(ii): in effect on the day on which the request for agency action is transferred.
Utah Code Annotated § 34A-5-107(2): An employer, labor organization, joint apprenticeship committee, or vocational school who has an employee or member who refuses or threatens to refuse to comply with this chapter may file with the division a request for agency action asking the division for assistance to obtain the employee's or member's compliance by conciliation or other remedial action.
Utah Code Annotated § 34A-5-107(3): 
Utah Code Annotated § 34A-5-107(3)(a): Before an investigation begins into allegations of discriminatory or prohibited employment practice, the division shall promptly assign a mediator to offer mediation services between the parties by conference.
Utah Code Annotated § 34A-5-107(3)(b): 
Utah Code Annotated § 34A-5-107(3)(b)(i): If mediation services are refused or no settlement is reached, the division shall promptly assign an investigator.
Utah Code Annotated § 34A-5-107(3)(b)(ii): The investigator shall make a prompt impartial investigation of all allegations made in the request for agency action.
Utah Code Annotated § 34A-5-107(3)(c): The division and the division's staff, agents, and employees shall conduct every investigation in fairness to all parties and agencies involved.
Utah Code Annotated § 34A-5-107(3)(d): An aggrieved party may withdraw the request for agency action prior to the issuance of a final order.
Utah Code Annotated § 34A-5-107(4): (4)(a); (4)(b); (4)(c); (4)(c); (4)(d)
Utah Code Annotated § 34A-5-107(4)(a): If the initial attempts at settlement are unsuccessful, and the investigator uncovers insufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.
Utah Code Annotated § 34A-5-107(4)(b): (4)(a); (4)(b); (4)(c); (4)(c); (4)(d)
Utah Code Annotated § 34A-5-107(4)(b)(i): (4)(a) Upon receipt of the investigator's report described in Subsection
Utah Code Annotated § 34A-5-107(4)(b)(ii): (4)(b); (4)(c); (4)(c); (4)(d) A determination and order issued under this Subsection
Utah Code Annotated § 34A-5-107(4)(b)(ii)(A): (4)(c) of the right to request an evidentiary hearing under Subsection
Utah Code Annotated § 34A-5-107(4)(b)(ii)(B): (4)(c); (4)(d) that failure to request an evidentiary hearing under Subsection
Utah Code Annotated § 34A-5-107(4)(c): A party may make a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days from the day on which the determination and order for dismissal is issued.
Utah Code Annotated § 34A-5-107(4)(d): If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee becomes the final order of the commission.
Utah Code Annotated § 34A-5-107(5): (5)(a); (5)(b); (5)(c); (5)(c); (5)(d); (5)(b)
Utah Code Annotated § 34A-5-107(5)(a): If the initial attempts at settlement are unsuccessful and the investigator uncovers sufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.
Utah Code Annotated § 34A-5-107(5)(b): (5)(a); (5)(b); (5)(c); (5)(c); (5)(d)
Utah Code Annotated § 34A-5-107(5)(b)(i): (5)(a) Upon receipt of the investigator's report described in Subsection
Utah Code Annotated § 34A-5-107(5)(b)(ii): (5)(b); (5)(c); (5)(c); (5)(d) A determination and order issued under this Subsection
Utah Code Annotated § 34A-5-107(5)(b)(ii)(A): direct the respondent to cease any discriminatory or prohibited employment practice;
Utah Code Annotated § 34A-5-107(5)(b)(ii)(B): provide relief to the aggrieved party as the director or the director's designee determines is appropriate;
Utah Code Annotated § 34A-5-107(5)(b)(ii)(C): (5)(c) include a notice of the right to request an evidentiary hearing under Subsection
Utah Code Annotated § 34A-5-107(5)(b)(ii)(D): (5)(c); (5)(d) include a notice that failure to request an evidentiary hearing under Subsection
Utah Code Annotated § 34A-5-107(5)(c): A party may file a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days after the day on which the determination and order is issued.
Utah Code Annotated § 34A-5-107(5)(d): (5)(b) If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee in accordance with Subsection
Utah Code Annotated § 34A-5-107(6): (5) In an adjudicative proceeding to review the director's or the director's designee's determination that a prohibited employment practice has occurred, the division shall present the factual and legal basis of the determination and order issued under Subsection
Utah Code Annotated § 34A-5-107(7): 
Utah Code Annotated § 34A-5-107(7)(a): If, upon reviewing all the evidence at a hearing, the presiding officer finds that a respondent has not engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order dismissing the request for agency action containing the allegation of a discriminatory or prohibited employment practice.
Utah Code Annotated § 34A-5-107(7)(b): The presiding officer may order that the respondent be reimbursed by the complaining party for the respondent's attorney fees and costs.
Utah Code Annotated § 34A-5-107(8): If, upon reviewing all the evidence at the hearing, the presiding officer finds that a respondent has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the respondent to:
Utah Code Annotated § 34A-5-107(8)(a): cease any discriminatory or prohibited employment practice;
Utah Code Annotated § 34A-5-107(8)(b): provide relief to the complaining party, including:
Utah Code Annotated § 34A-5-107(8)(b)(i): reinstatement;
Utah Code Annotated § 34A-5-107(8)(b)(ii): back pay and benefits;
Utah Code Annotated § 34A-5-107(8)(b)(iii): attorney fees; and
Utah Code Annotated § 34A-5-107(8)(b)(iv): costs.
Utah Code Annotated § 34A-5-107(9): (8); (8)(b); (8)(b)(ii) If a discriminatory practice described in Subsection
Utah Code Annotated § 34A-5-107(9)(a): the act or omission that gave rise to the order was in good faith; and
Utah Code Annotated § 34A-5-107(9)(b): the respondent had reasonable grounds to believe that the act or omission was not discrimination in matters of compensation under this chapter.
Utah Code Annotated § 34A-5-107(10): Conciliation between the parties is to be urged and facilitated at all stages of the adjudicative process.
Utah Code Annotated § 34A-5-107(11): 63G-4-301; Chapter 1, Part 3, Adjudicative Proceedings
Utah Code Annotated § 34A-5-107(11)(a): 63G-4-301; Chapter 1, Part 3, Adjudicative Proceedings Either party may file with the Division of Adjudication a written request for review before the commissioner or Appeals Board of the order issued by the presiding officer in accordance with:
Utah Code Annotated § 34A-5-107(11)(a)(i): 63G-4-301 Section
Utah Code Annotated § 34A-5-107(11)(a)(ii): Chapter 1, Part 3, Adjudicative Proceedings
Utah Code Annotated § 34A-5-107(11)(b): If there is no timely request for review, the order issued by the presiding officer becomes the final order of the commission.
Utah Code Annotated § 34A-5-107(12): (11)(a); 63G-4-403; Chapter 1, Part 3, Adjudicative Proceedings An order of the commission under Subsection
Utah Code Annotated § 34A-5-107(12)(a): 63G-4-403 Section
Utah Code Annotated § 34A-5-107(12)(b): Chapter 1, Part 3, Adjudicative Proceedings
Utah Code Annotated § 34A-5-107(13): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission may make rules concerning procedures under this chapter in accordance with
Utah Code Annotated § 34A-5-107(14): (14)(a); (d) The commission and its staff may not divulge or make public information gained from an investigation, settlement negotiation, or proceeding before the commission except as provided in Subsections
Utah Code Annotated § 34A-5-107(14)(a): Information used by the director or the director's designee in making a determination may be provided to all interested parties for the purpose of preparation for and participation in proceedings before the commission.
Utah Code Annotated § 34A-5-107(14)(b): General statistical information may be disclosed provided the identities of the individuals or parties are not disclosed.
Utah Code Annotated § 34A-5-107(14)(c): Information may be disclosed for inspection by the attorney general or other legal representatives of the state or the commission.
Utah Code Annotated § 34A-5-107(14)(d): Information may be disclosed for information and reporting requirements of the federal government.
Utah Code Annotated § 34A-5-107(15): The procedures contained in this section are the exclusive remedy under state law for employment discrimination based upon:
Utah Code Annotated § 34A-5-107(15)(a): race;
Utah Code Annotated § 34A-5-107(15)(b): color;
Utah Code Annotated § 34A-5-107(15)(c): sex;
Utah Code Annotated § 34A-5-107(15)(d): retaliation;
Utah Code Annotated § 34A-5-107(15)(e): pregnancy, childbirth, or pregnancy-related conditions;
Utah Code Annotated § 34A-5-107(15)(f): age;
Utah Code Annotated § 34A-5-107(15)(g): religion;
Utah Code Annotated § 34A-5-107(15)(h): national origin;
Utah Code Annotated § 34A-5-107(15)(i): disability;
Utah Code Annotated § 34A-5-107(15)(j): sexual orientation; or
Utah Code Annotated § 34A-5-107(15)(k): gender identity.
Utah Code Annotated § 34A-5-107(16): (1)(d); (16)(a); (16); (15)
Utah Code Annotated § 34A-5-107(16)(a): The commencement of an action under federal law for relief based upon an act prohibited by this chapter bars the commencement or continuation of an adjudicative proceeding before the commission in connection with the same claim under this chapter.
Utah Code Annotated § 34A-5-107(16)(b): (1)(d); (16)(a) The transfer of a request for agency action to the Equal Employment Opportunity Commission in accordance with Subsection
Utah Code Annotated § 34A-5-107(16)(c): (16); (15) Nothing in this Subsection


Utah Code Annotated § 34A-5-108 Judicial enforcement of division findings.
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Utah Code Annotated § 34A-5-108(1): 63G-4-501; 34A-5-107 The commission or the attorney general at the request of the commission shall commence an action under Section
Utah Code Annotated § 34A-5-108(1)(a): the order finds that there is reasonable cause to believe that a respondent has engaged or is engaging in discriminatory or prohibited employment practices made unlawful by this chapter;
Utah Code Annotated § 34A-5-108(1)(b): counsel to the commission or the attorney general determines after reasonable inquiry that the order is well grounded in fact and is warranted by existing law;
Utah Code Annotated § 34A-5-108(1)(c): the respondent has not received an order of automatic stay or discharge from the United States Bankruptcy Court; and
Utah Code Annotated § 34A-5-108(1)(d): 
Utah Code Annotated § 34A-5-108(1)(d)(i): the commission has not accepted a conciliation agreement to which the aggrieved party and respondent are parties; or
Utah Code Annotated § 34A-5-108(1)(d)(ii): the respondent has not conciliated or complied with the final order of the commission within 30 days from the date the order is issued.
Utah Code Annotated § 34A-5-108(2): 63G-4-403; 63G-4-405 If the respondent seeks judicial review of the final order under Section


Utah Code Annotated § 34A-5-109 Application to employee dress and grooming standards.
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This chapter may not be interpreted to prohibit an employer from adopting reasonable dress and grooming standards not prohibited by other provisions of federal or state law, provided that the employer's dress and grooming standards afford reasonable accommodations based on gender identity to all employees.

Utah Code Annotated § 34A-5-110 Application to sex-specific facilities.
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This chapter may not be interpreted to prohibit an employer from adopting reasonable rules and policies that designate sex-specific facilities, including restrooms, shower facilities, and dressing facilities, provided that the employer's rules and policies adopted under this section afford reasonable accommodations based on gender identity to all employees.

Utah Code Annotated § 34A-5-111 Application to the freedom of expressive association and the free exercise of religion.
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This chapter may not be interpreted to infringe upon the freedom of expressive association or the free exercise of religion protected by the First Amendment of the United States Constitution and Article I, Sections 1, 4, and 15 of the Utah Constitution.

Utah Code Annotated § 34A-5-112 Religious liberty protections -- Expressing beliefs and commitments in workplace -- Prohibition on employment actions against certain employee speech.
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Utah Code Annotated § 34A-5-112(1): As used in this section, "religiously objectionable expression" means expression, action, or inaction that burdens or offends a sincerely held religious belief, including dress and grooming requirements, speech, scheduling, prayer, and abstention, including abstentions relating to healthcare.
Utah Code Annotated § 34A-5-112(2): An employee may express the employee's religious or moral beliefs and commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on equal terms with similar types of expression of beliefs or commitments allowed by the employer in the workplace, unless the expression is in direct conflict with the essential business-related interests of the employer.
Utah Code Annotated § 34A-5-112(3): An employer may not discharge, demote, terminate, or refuse to hire any person, or retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, for lawful expression or expressive activity outside of the workplace regarding the person's religious, political, or personal convictions, including convictions about marriage, family, or sexuality, unless the expression or expressive activity is in direct conflict with the essential business-related interests of the employer.
Utah Code Annotated § 34A-5-112(4): An employer may not compel an employee to engage in religiously objectionable expression that the employee reasonably believes would burden or offend the employee's sincerely held religious beliefs, unless accommodating the employee would cause an undue burden to the employer by substantially interfering with the employer's:
Utah Code Annotated § 34A-5-112(4)(a): core mission or the employer's ability to conduct business in an effective or financially reasonable manner; or
Utah Code Annotated § 34A-5-112(4)(b): ability to provide training and safety instruction for the job.
Utah Code Annotated § 34A-5-112(5): To receive an accommodation under this section, an employee shall:
Utah Code Annotated § 34A-5-112(5)(a): request that the employer comply with the provisions of this section by granting the employee an accommodation; and
Utah Code Annotated § 34A-5-112(5)(b): after making a request as described in Subsection (5)(a), provide an employer with a reasonable opportunity to accommodate the employee.
Utah Code Annotated § 34A-5-112(6): This section does not require an employer to grant an employee a scheduling accommodation if the employer has fewer than 15 employees.


Utah Code Annotated § 34A-5-113 Prohibition on requiring immunity passports and discrimination based on immunity -- Exceptions.
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Utah Code Annotated § 34A-5-113(1): 34A-5-102; 34A-6-103; 26B-2-201; 53G-9-301 As used in this section:
Utah Code Annotated § 34A-5-113(1)(a): 34A-5-102 "Employer" means, notwithstanding Section
Utah Code Annotated § 34A-5-113(1)(a)(i): the state;
Utah Code Annotated § 34A-5-113(1)(a)(ii): a county, city, town, or school district in the state; and
Utah Code Annotated § 34A-5-113(1)(a)(iii): a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire.
Utah Code Annotated § 34A-5-113(1)(b): "Immunity passport" means a document, digital record, or software application indicating that an individual is immune to a disease, whether through vaccination or infection and recovery.
Utah Code Annotated § 34A-5-113(1)(c): 34A-6-103; 26B-2-201 "Regulated entity" means an employer, as defined in Section
Utah Code Annotated § 34A-5-113(1)(c)(i): the state or a political subdivision of the state; and
Utah Code Annotated § 34A-5-113(1)(c)(ii): 26B-2-201 not a health care facility as defined in Section
Utah Code Annotated § 34A-5-113(1)(d): 53G-9-301 "School" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-113(1)(e): "Vaccination status" means an indication of whether an individual has received one or more doses of a vaccine.
Utah Code Annotated § 34A-5-113(2): It is a discriminatory or prohibited employment practice for an employer, on the basis of an individual's vaccination status or whether the individual has an immunity passport, to:
Utah Code Annotated § 34A-5-113(2)(a): refuse employment to an individual;
Utah Code Annotated § 34A-5-113(2)(b): bar an individual from employment; or
Utah Code Annotated § 34A-5-113(2)(c): discriminate against an individual in compensation or in a term, condition, or privilege of employment.
Utah Code Annotated § 34A-5-113(3): (2); 26B-2-401; (2) Subsection
Utah Code Annotated § 34A-5-113(3)(a): 26B-2-401 a vaccination requirement by a child care program as defined in Section
Utah Code Annotated § 34A-5-113(3)(b): (2) a regulated entity if compliance with Subsection
Utah Code Annotated § 34A-5-113(3)(c): a contract for goods or services entered into before May 3, 2023, if:
Utah Code Annotated § 34A-5-113(3)(c)(i): application of this section would result in a substantial impairment of the contract; and
Utah Code Annotated § 34A-5-113(3)(c)(ii): the contract is not between an employer and the employer's employee;
Utah Code Annotated § 34A-5-113(3)(d): a federal contractor;
Utah Code Annotated § 34A-5-113(3)(e): an employer vaccination requirement of an employee who, as determined by the employer, has direct exposure to human blood, human fecal matter, or other potentially infectious materials that may expose the employee to hepatitis or tuberculosis; or
Utah Code Annotated § 34A-5-113(3)(f): an employer that:
Utah Code Annotated § 34A-5-113(3)(f)(i): establishes a nexus between a vaccination requirement and the employee's assigned duties and responsibilities; or
Utah Code Annotated § 34A-5-113(3)(f)(ii): identifies an external requirement for vaccination that is not imposed by the employer and is related to the employee's duties and responsibilities.
Utah Code Annotated § 34A-5-113(4): Nothing in this section prohibits an employer from recommending that an employee receive a vaccine.


Utah Code Annotated § 34A-5-114 Limitations on enforceability of nondisclosure and non-disparagement clauses -- Retaliation prohibited.
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Utah Code Annotated § 34A-5-114(1): 34-51-102; 34A-5-106 As used in this section:
Utah Code Annotated § 34A-5-114(1)(a): "Confidentiality clause" means a nondisclosure clause or a non-disparagement clause.
Utah Code Annotated § 34A-5-114(1)(b): "Employee" means a current or a former employee.
Utah Code Annotated § 34A-5-114(1)(c): "Nondisclosure clause" means an agreement between an employee and employer that:
Utah Code Annotated § 34A-5-114(1)(c)(i): prevents, or has the effect of preventing, an employee from disclosing or discussing:
Utah Code Annotated § 34A-5-114(1)(c)(i)(A): sexual assault;
Utah Code Annotated § 34A-5-114(1)(c)(i)(B): allegations of sexual assault;
Utah Code Annotated § 34A-5-114(1)(c)(i)(C): sexual harassment; or
Utah Code Annotated § 34A-5-114(1)(c)(i)(D): allegations of sexual harassment.
Utah Code Annotated § 34A-5-114(1)(d): "Non-disparagement clause" means an agreement between an employee and employer that prohibits, or has the effect of prohibiting, an employee from making a negative statement that is:
Utah Code Annotated § 34A-5-114(1)(d)(i): about the employer; and
Utah Code Annotated § 34A-5-114(1)(d)(ii): related to:
Utah Code Annotated § 34A-5-114(1)(d)(ii)(A): a claim of sexual assault or sexual harassment;
Utah Code Annotated § 34A-5-114(1)(d)(ii)(B): a sexual assault dispute; or
Utah Code Annotated § 34A-5-114(1)(d)(ii)(C): a sexual harassment dispute.
Utah Code Annotated § 34A-5-114(1)(e): 34-51-102 "Post-employment restrictive covenant" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-114(1)(f): "Proprietary information" means an employer's business plan or customer information.
Utah Code Annotated § 34A-5-114(1)(g): "Retaliate" means taking an adverse action against an employee because the employee made an allegation of sexual harassment or assault, including:
Utah Code Annotated § 34A-5-114(1)(g)(i): discharge;
Utah Code Annotated § 34A-5-114(1)(g)(ii): suspension;
Utah Code Annotated § 34A-5-114(1)(g)(iii): demotion; or
Utah Code Annotated § 34A-5-114(1)(g)(iv): discrimination in the terms, conditions, or privileges of employment.
Utah Code Annotated § 34A-5-114(1)(h): "Sexual assault" means:
Utah Code Annotated § 34A-5-114(1)(h)(i): conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through 2244; or
Utah Code Annotated § 34A-5-114(1)(h)(ii): criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.
Utah Code Annotated § 34A-5-114(1)(i): "Sexual assault dispute" means a dispute between an employer and the employer's employee relating to alleged sexual assault.
Utah Code Annotated § 34A-5-114(1)(j): 34A-5-106 "Sexual harassment" means conduct that is a violation of:
Utah Code Annotated § 34A-5-114(1)(j)(i): Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
Utah Code Annotated § 34A-5-114(1)(j)(ii): 34A-5-106 Subsection
Utah Code Annotated § 34A-5-114(1)(k): "Sexual harassment dispute" means a dispute between an employer and the employer's employee relating to alleged sexual harassment.
Utah Code Annotated § 34A-5-114(2): 34-5-102(1)(i)(D)
Utah Code Annotated § 34A-5-114(2)(a): A confidentiality clause regarding sexual misconduct, as a condition of employment, is against public policy and is void and unenforceable.
Utah Code Annotated § 34A-5-114(2)(b): 34-5-102(1)(i)(D) After an employee makes an allegation of sexual harassment or sexual assault, an employer of any sized business, regardless of Subsection
Utah Code Annotated § 34A-5-114(2)(b)(i): may not retaliate against the employee because the employee made an allegation of sexual harassment or assault; or
Utah Code Annotated § 34A-5-114(2)(b)(ii): may not retaliate based on an employee's refusal to enter into a confidentiality clause or an employment contract that, as a condition of employment, contains a confidentiality clause.
Utah Code Annotated § 34A-5-114(2)(c): An employee may, within three business days after the day on which the employee agrees to a settlement agreement that includes a confidentiality clause regarding sexual misconduct, withdraw from the settlement agreement.
Utah Code Annotated § 34A-5-114(3): An employer who attempts to enforce a confidentiality clause in violation of this section:
Utah Code Annotated § 34A-5-114(3)(a): is liable for all costs, including reasonable attorney fees, resulting from legal action to enforce the confidentiality clause; and
Utah Code Annotated § 34A-5-114(3)(b): is not entitled to monetary damages resulting from a breach of a confidentiality clause.
Utah Code Annotated § 34A-5-114(4): This section does not:
Utah Code Annotated § 34A-5-114(4)(a): prohibit an agreement between an employee who alleges sexual assault or sexual harassment and an employer from containing a nondisclosure clause, a non-disparagement clause, or any other clause prohibiting disclosure of:
Utah Code Annotated § 34A-5-114(4)(a)(i): the amount of a monetary settlement; or
Utah Code Annotated § 34A-5-114(4)(a)(ii): at the request of the employee, facts that could reasonably lead to the identification of the employee;
Utah Code Annotated § 34A-5-114(4)(b): prohibit an employer from requiring an employee to:
Utah Code Annotated § 34A-5-114(4)(b)(i): sign a post-employment restrictive covenant; or
Utah Code Annotated § 34A-5-114(4)(b)(ii): agree not to disclose an employer's non-public trade secrets, proprietary information, or confidential information that does not involve illegal acts;
Utah Code Annotated § 34A-5-114(4)(c): authorize an employee to:
Utah Code Annotated § 34A-5-114(4)(c)(i): disclose data otherwise protected by law or legal privilege; or
Utah Code Annotated § 34A-5-114(4)(c)(ii): knowingly make statements or disclosures that are false or made with reckless disregard of the truth;
Utah Code Annotated § 34A-5-114(4)(d): prohibit an employee from discussing sexual misconduct or allegations of sexual misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or allegations of sexual misconduct are against the individual whom the employee alleged engaged in sexual misconduct;
Utah Code Annotated § 34A-5-114(4)(e): permit a disclosure that would violate state or federal law; or
Utah Code Annotated § 34A-5-114(4)(f): limit other grounds that may exist at law or in equity for the unenforceability of a confidentiality clause.


Utah Code Annotated § 34A-5-115 Nondiscrimination for medical cannabis use while employed by the government -- Medical cannabis and prescription use.
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Utah Code Annotated § 34A-5-115(1): 26B-4-201; 26B-4-201 As used in this section:
Utah Code Annotated § 34A-5-115(1)(a): "Adverse employment action" means any of the following in regards to an employee:
Utah Code Annotated § 34A-5-115(1)(a)(i): dismissal from employment;
Utah Code Annotated § 34A-5-115(1)(a)(ii): suspension from employment;
Utah Code Annotated § 34A-5-115(1)(a)(iii): reduction in compensation;
Utah Code Annotated § 34A-5-115(1)(a)(iv): failing to increase compensation by an amount that the employee is otherwise entitled to or was promised;
Utah Code Annotated § 34A-5-115(1)(a)(v): failure to promote an employee if the employee would have otherwise been promoted; or
Utah Code Annotated § 34A-5-115(1)(a)(vi): threaten to take an action described in Subsections (1)(a)(i) through (v).
Utah Code Annotated § 34A-5-115(1)(b): "Government employer" means an employer that is the state or a political subdivision of the state.
Utah Code Annotated § 34A-5-115(1)(c): 26B-4-201 "Medical cannabis" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-115(1)(d): 26B-4-201 "Medical cannabis cardholder" means the same as that term is defined in Section
Utah Code Annotated § 34A-5-115(2): 
Utah Code Annotated § 34A-5-115(2)(a): A government employer may take an adverse employment action against an employee for failing a drug test for the use of medical cannabis that is obtained and used in accordance with state law only if the government employer would take an adverse employment action against an employee for failing a drug test for the use of a prescribed controlled substance that was used in accordance with state law.
Utah Code Annotated § 34A-5-115(2)(b): A government employer may take an adverse employment action against an employee for the sole reason of the employee being a medical cannabis cardholder only if the government employer would take an adverse employment action against an employee for the sole reason that the employee has a prescription for a controlled substance.
Utah Code Annotated § 34A-5-115(2)(c): A government employer that would take an adverse action described in Subsection (2)(a) or (2)(b) shall have a written policy that:
Utah Code Annotated § 34A-5-115(2)(c)(i): is comprehensive in nature regarding when an employee would be disciplined; and
Utah Code Annotated § 34A-5-115(2)(c)(ii): does not treat medical cannabis any differently than another controlled substance.
Utah Code Annotated § 34A-5-115(3): Subsection (2) does not apply:
Utah Code Annotated § 34A-5-115(3)(a): where the application of Subsection (2)(a) or (b) would jeopardize federal funding, a federal security clearance, or any other federal background determination required for the employee's position; or
Utah Code Annotated § 34A-5-115(3)(b): if the employee's position is dependent on a license or peace officer certification that is subject to federal regulations, including 18 U.S.C. Sec. 922(g)(3).
Utah Code Annotated § 34A-5-115(4): Before taking an adverse employment action against an employee solely because the employee is a medical cannabis cardholder or holds a prescription for another controlled substance, a government employer shall:
Utah Code Annotated § 34A-5-115(4)(a): consult with legal counsel, if one is employed or contracted with to provide services to the government employer; and
Utah Code Annotated § 34A-5-115(4)(b): obtain approval from:
Utah Code Annotated § 34A-5-115(4)(b)(i): for a political subdivision, the mayor or county executive; or
Utah Code Annotated § 34A-5-115(4)(b)(ii): for a state employer, the state employer's agency head or the agency head's designee.
Utah Code Annotated § 34A-5-115(5): 34A-5-107 An employee described in this section:
Utah Code Annotated § 34A-5-115(5)(a): 34A-5-107 may file a complaint in accordance with Section
Utah Code Annotated § 34A-5-115(5)(b): is entitled to any remedies under this chapter for an employer's violation of Subsection (2).
Utah Code Annotated § 34A-5-115(6): Nothing in this section requires a private employer to accommodate the use of medical cannabis or affects the ability of a private employer to have policies restricting the use of medical cannabis by applicants or employees.


Utah Code Annotated - Title 34A - Chapter 6 - Utah Occupational Safety and Health Act
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Utah Code Annotated § 34A-6-101 Title.
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This chapter is known as the "Utah Occupational Safety and Health Act."

Utah Code Annotated § 34A-6-102 Legislative intent.
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The intent of this chapter is:Utah Code Annotated § 34A-6-102(1): to preserve human resources by providing for the safety and health of workers; and
Utah Code Annotated § 34A-6-102(2): to provide a coordinated state plan to implement, establish, and enforce occupational safety and health standards as effective as the standards under the Williams-Steiger Occupational Safety and Health Act of 1970, 29 U.S.C. Sec. 651 et seq.


Utah Code Annotated § 34A-6-103 Definitions -- Unincorporated entities -- Joint employers -- Franchisors.
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Utah Code Annotated § 34A-6-103(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act As used in this chapter:
Utah Code Annotated § 34A-6-103(1)(a): "Administrator" means the director of the Division of Occupational Safety and Health.
Utah Code Annotated § 34A-6-103(1)(b): "Amendment" means such modification or change in a code, standard, rule, or order intended for universal or general application.
Utah Code Annotated § 34A-6-103(1)(c): "Commission" means the Labor Commission.
Utah Code Annotated § 34A-6-103(1)(d): "Division" means the Division of Occupational Safety and Health.
Utah Code Annotated § 34A-6-103(1)(e): "Employee" includes any person suffered or permitted to work by an employer.
Utah Code Annotated § 34A-6-103(1)(f): "Employer" means:
Utah Code Annotated § 34A-6-103(1)(f)(i): the state;
Utah Code Annotated § 34A-6-103(1)(f)(ii): a county, city, town, and school district in the state; and
Utah Code Annotated § 34A-6-103(1)(f)(iii): a person, including a public utility, having one or more workers or operatives regularly employed in the same business, or in or about the same establishment, under any contract of hire.
Utah Code Annotated § 34A-6-103(1)(g): "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 105, of the federal government.
Utah Code Annotated § 34A-6-103(1)(h): "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-6-103(1)(i): "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-6-103(1)(j): "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
Utah Code Annotated § 34A-6-103(1)(k): "Hearing" means a proceeding conducted by the commission.
Utah Code Annotated § 34A-6-103(1)(l): "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 this chapter.
Utah Code Annotated § 34A-6-103(1)(m): "National consensus standard" means any occupational safety and health standard or modification:
Utah Code Annotated § 34A-6-103(1)(m)(i): adopted by a nationally recognized standards-producing organization under procedures where it can be determined by the administrator and division that persons interested and affected by the standard have reached substantial agreement on its adoption;
Utah Code Annotated § 34A-6-103(1)(m)(ii): formulated in a manner which affords an opportunity for diverse views to be considered; and
Utah Code Annotated § 34A-6-103(1)(m)(iii): designated as such a standard by the secretary of the United States Department of Labor.
Utah Code Annotated § 34A-6-103(1)(n): "Person" means the general public, one or more individuals, partnerships, associations, corporations, legal representatives, trustees, receivers, and the state and its political subdivisions.
Utah Code Annotated § 34A-6-103(1)(o): Title 63G, Chapter 3, Utah Administrative Rulemaking Act "Publish" means publication in accordance with
Utah Code Annotated § 34A-6-103(1)(p): "Secretary" means the secretary of the United States Department of Labor.
Utah Code Annotated § 34A-6-103(1)(q): "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.
Utah Code Annotated § 34A-6-103(1)(r): "Unincorporated entity" means an entity organized or doing business in the state that is not:
Utah Code Annotated § 34A-6-103(1)(r)(i): an individual;
Utah Code Annotated § 34A-6-103(1)(r)(ii): a corporation; or
Utah Code Annotated § 34A-6-103(1)(r)(iii): publicly traded.
Utah Code Annotated § 34A-6-103(1)(s): "Variance" means a special, limited modification or change in the code or standard applicable to the particular establishment of the employer or person petitioning for the modification or change.
Utah Code Annotated § 34A-6-103(1)(t): "Workplace" means any place of employment.
Utah Code Annotated § 34A-6-103(2): Title 58, Chapter 55, Utah Construction Trades Licensing Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(a); (2)(b)
Utah Code Annotated § 34A-6-103(2)(a): Title 58, Chapter 55, Utah Construction Trades Licensing Act For purposes of this chapter, an unincorporated entity that is required to be licensed under
Utah Code Annotated § 34A-6-103(2)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (2)(a) Pursuant to rules made by the commission in accordance with
Utah Code Annotated § 34A-6-103(2)(b)(i): is an active manager of the unincorporated entity;
Utah Code Annotated § 34A-6-103(2)(b)(ii): directly or indirectly holds at least an 8% ownership interest in the unincorporated entity; or
Utah Code Annotated § 34A-6-103(2)(b)(iii): is not subject to supervision or control in the performance of work by:
Utah Code Annotated § 34A-6-103(2)(b)(iii)(A): the unincorporated entity; or
Utah Code Annotated § 34A-6-103(2)(b)(iii)(B): a person with whom the unincorporated entity contracts.
Utah Code Annotated § 34A-6-103(2)(c): (2)(b) As part of the rules made under Subsection
Utah Code Annotated § 34A-6-103(2)(c)(i): "active manager";
Utah Code Annotated § 34A-6-103(2)(c)(ii): "directly or indirectly holds at least an 8% ownership interest"; and
Utah Code Annotated § 34A-6-103(2)(c)(iii): "subject to supervision or control in the performance of work."
Utah Code Annotated § 34A-6-103(3): For purposes of determining whether two or more persons are considered joint employers under this chapter, an administrative ruling of a federal executive agency may not be considered a generally applicable law unless that administrative ruling is determined to be generally applicable by a court of law, or adopted by statute or rule.
Utah Code Annotated § 34A-6-103(4): (4)
Utah Code Annotated § 34A-6-103(4)(a): For purposes of this chapter, a franchisor is not considered to be an employer of:
Utah Code Annotated § 34A-6-103(4)(a)(i): a franchisee; or
Utah Code Annotated § 34A-6-103(4)(a)(ii): a franchisee's employee.
Utah Code Annotated § 34A-6-103(4)(b): (4) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this Subsection


Utah Code Annotated § 34A-6-104 Administration of chapter -- Selection of administrator -- Powers and duties of commission -- Application of chapter and exceptions.
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Utah Code Annotated § 34A-6-104(1): Administration of this chapter is vested in the commission and the division.  The commission:
Utah Code Annotated § 34A-6-104(1)(a): is vested with jurisdiction and supervision over every workplace in this state and is empowered to administer all laws and lawful orders to ensure that every employee in this state has a workplace free of recognized hazards;
Utah Code Annotated § 34A-6-104(1)(b): through the administrator, shall carry out the state plan and this chapter, provided that the administrator is a person with at least five years experience or training in the field of industrial safety and health;
Utah Code Annotated § 34A-6-104(1)(c): shall make, establish, promulgate and enforce all necessary and reasonable rules and provisions to carry this chapter into effect except when the division is authorized by this chapter to make rules; and
Utah Code Annotated § 34A-6-104(1)(d): may in its discretion administer oaths, take depositions, subpoena witnesses, compel production of documents, books, and accounts in any inquiry, investigation, hearing, or proceeding in any part of this state.
Utah Code Annotated § 34A-6-104(2): This chapter shall apply to all workplaces in the state except that nothing in this chapter shall apply to:
Utah Code Annotated § 34A-6-104(2)(a): working conditions of employees with respect to which federal agencies and other state agencies acting under section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2021, exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health; or
Utah Code Annotated § 34A-6-104(2)(b): any workplace or employer not subject to the provisions of the federal Williams-Steiger Occupational Safety and Health Act of 1970 and any amendments to that act or any regulations promulgated under that act.


Utah Code Annotated § 34A-6-105 Procedures -- Adjudicative proceedings.
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The commission, the division, and the administrator shall comply with the procedures and requirements of

Utah Code Annotated § 34A-6-107 Research and related activities.
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Utah Code Annotated § 34A-6-107(1): 34A-6-202; 34A-6-305; 34A-6-202
Utah Code Annotated § 34A-6-107(1)(a): The division, after consultation with other appropriate agencies, shall conduct, directly or by grants or contracts, whether federal or otherwise, research, experiments, and demonstrations in the area of occupational safety and health, including studies of psychological factors involved in innovative methods, techniques, and approaches for dealing with occupational safety and health problems.
Utah Code Annotated § 34A-6-107(1)(b): 
Utah Code Annotated § 34A-6-107(1)(b)(i): The division, to comply with its responsibilities under this section, and to develop needed information regarding toxic substances or harmful physical agents, may make rules requiring employers to measure, record, and make reports on the exposure of employees to substances or physical agents reasonably believed to endanger the health or safety of employees.
Utah Code Annotated § 34A-6-107(1)(b)(ii): The division may establish programs for medical examinations and tests necessary for determining the incidence of occupational diseases and the susceptibility of employees to the diseases.
Utah Code Annotated § 34A-6-107(1)(b)(iii): Nothing in this chapter authorizes or requires a medical examination, immunization, or treatment for persons who object on religious grounds, except when necessary for the protection of the health or safety of others.
Utah Code Annotated § 34A-6-107(1)(b)(iv): Any employer who is required to measure and record employee exposure to substances or physical agents as provided under Subsection (1)(b) may receive full or partial financial or other assistance to defray additional expense incurred by measuring and recording as provided in this Subsection (1)(b).
Utah Code Annotated § 34A-6-107(1)(c): 34A-6-202; 34A-6-305; 34A-6-202
Utah Code Annotated § 34A-6-107(1)(c)(i): Following a written request by any employer or authorized representative of employees, specifying with reasonable particularity the grounds on which the request is made, the division shall determine whether any substance normally found in a workplace has toxic effects in the concentrations used or found, and shall submit its determination both to employers and affected employees as soon as possible.
Utah Code Annotated § 34A-6-107(1)(c)(ii): 34A-6-202; 34A-6-305; 34A-6-202 The division shall immediately take action necessary under Section
Utah Code Annotated § 34A-6-107(1)(c)(ii)(A): any substance is toxic at the concentrations used or found in a workplace; and
Utah Code Annotated § 34A-6-107(1)(c)(ii)(B): 34A-6-202 the substance is not covered by an occupational safety or health standard promulgated under Section
Utah Code Annotated § 34A-6-107(2): 34A-6-301 The division may inspect and question employers and employees as provided in Section
Utah Code Annotated § 34A-6-107(3): The division is authorized to enter into contracts, agreements, or other arrangements with appropriate federal or state agencies, or private organizations to conduct studies about its responsibilities under this chapter.  In carrying out its responsibilities under this subsection, the division shall cooperate with the Department of Health and Human Services and the Department of Environmental Quality to avoid any duplication of efforts under this section.
Utah Code Annotated § 34A-6-107(4): Information obtained by the division under this section shall be disseminated to employers and employees and organizations of them.


Utah Code Annotated § 34A-6-108 Collection, compilation, and analysis of statistics.
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Utah Code Annotated § 34A-6-108(1): 34A-6-104(2) The division shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics.  The program may cover all employments whether subject to this chapter but may not cover employments excluded by Subsection
Utah Code Annotated § 34A-6-108(2): (1) The division may use the functions imposed by Subsection
Utah Code Annotated § 34A-6-108(2)(a): promote, encourage, or directly engage in programs of studies, information, and communication concerning occupational safety and health statistics;
Utah Code Annotated § 34A-6-108(2)(b): assist agencies or political subdivisions in developing and administering programs dealing with occupational safety and health statistics; and
Utah Code Annotated § 34A-6-108(2)(c): arrange, through assistance, for the conduct of research and investigations which give promise of furthering the objectives of this section.
Utah Code Annotated § 34A-6-108(3): The division may, with the consent of any state agency or political subdivision of the state, accept and use the services, facilities, and employees of state agencies or political subdivisions of the state, with or without reimbursement, to assist it in carrying out its functions under this section.
Utah Code Annotated § 34A-6-108(4): 34A-6-301(3) On the basis of the records made and kept under Subsection
Utah Code Annotated § 34A-6-108(5): Agreements between the United States Department of Labor and Utah pertaining to the collection of occupational safety and health statistics already in effect on July 1, 1973, remain in effect until superseded.


Utah Code Annotated § 34A-6-109 Educational and training programs.
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Utah Code Annotated § 34A-6-109(1): The division, after consultation with other appropriate agencies, shall conduct, directly or by assistance:
Utah Code Annotated § 34A-6-109(1)(a): educational programs to provide an adequate supply of qualified personnel to carry out the purpose of this chapter; and
Utah Code Annotated § 34A-6-109(1)(b): informational programs on the importance of adequate safety and health equipment.
Utah Code Annotated § 34A-6-109(2): (2)(a); Title 63G, Chapter 22, State Training and Certification Requirements
Utah Code Annotated § 34A-6-109(2)(a): The division is authorized to conduct, directly or by assistance, training for personnel engaged in work related to its responsibilities under this chapter.
Utah Code Annotated § 34A-6-109(2)(b): (2)(a); Title 63G, Chapter 22, State Training and Certification Requirements The division shall ensure that any training described in Subsection
Utah Code Annotated § 34A-6-109(3): The division shall:
Utah Code Annotated § 34A-6-109(3)(a): establish and supervise programs for the education and training of employers and employees for recognition, avoidance, and prevention of unsafe or unhealthful working conditions;
Utah Code Annotated § 34A-6-109(3)(b): consult and advise employers and employees about effective means for prevention of any work-related injury or occupational disease; and
Utah Code Annotated § 34A-6-109(3)(c): provide safety and health workplace surveys.


Utah Code Annotated § 34A-6-110 Requirements of other laws not limited or repealed -- Worker's compensation or rights under other laws with respect to employment injuries not affected.
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Utah Code Annotated § 34A-6-110(1): Nothing in this chapter is deemed to limit or repeal requirements imposed by statute or otherwise recognized by law.
Utah Code Annotated § 34A-6-110(2): Nothing in this chapter shall be 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.


Utah Code Annotated § 34A-6-111 Federal aid.
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The commission may make application for, receive, administer, and expend any federal aid for the administration of any of the provisions of this chapter.

Utah Code Annotated § 34A-6-201 Duties of employers and employees.
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Utah Code Annotated § 34A-6-201(1): Each employer shall:
Utah Code Annotated § 34A-6-201(1)(a): furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and
Utah Code Annotated § 34A-6-201(1)(b): comply with occupational safety and health standards promulgated under this chapter.
Utah Code Annotated § 34A-6-201(2): Each employee shall comply with occupational safety and health standards and the rules and orders issued pursuant to this chapter that are applicable to the employee's own actions and conduct.
Utah Code Annotated § 34A-6-201(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with


Utah Code Annotated § 34A-6-202 Standards -- Procedure for issuance, modification, or revocation by division -- Emergency temporary standard -- Variances from standards -- Statement of reasons for administrator's actions -- Judicial review -- Priority for establishing standards.
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Utah Code Annotated § 34A-6-202(1): 
Utah Code Annotated § 34A-6-202(1)(a): The division, as soon as practicable, shall issue as standards any national consensus standard, any adopted federal standard, or any adopted Utah standard, unless it determines that issuance of the standard would not result in improved safety or health.
Utah Code Annotated § 34A-6-202(1)(b): All codes, standards, and rules adopted under Subsection (1)(a) shall take effect 30 days after publication unless otherwise specified.
Utah Code Annotated § 34A-6-202(1)(c): If any conflict exists between standards, the division shall issue the standard that assures the greatest protection of safety or health for affected employees.
Utah Code Annotated § 34A-6-202(2): The division may issue, modify, or revoke any standard as follows:
Utah Code Annotated § 34A-6-202(2)(a): The division shall publish a proposed rule issuing, modifying, or revoking an occupational safety or health standard and shall afford interested parties an opportunity to submit written data or comments as prescribed by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.  When the administrator determines that a rule should be issued, the division shall publish the proposed rule after the expiration of the period prescribed by the administrator for submission.
Utah Code Annotated § 34A-6-202(2)(b): The administrator, in issuing standards for toxic materials or harmful physical agents under this subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard during an employee's working life.  Development of standards under this subsection shall be based upon research, demonstrations, experiments, and other information deemed appropriate.  In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the feasibility of the standards, and experience under this and other health and safety laws.  Whenever practicable, the standard shall be expressed in terms of objective criteria and of the performance desired.
Utah Code Annotated § 34A-6-202(2)(c): 
Utah Code Annotated § 34A-6-202(2)(c)(i): Any employer may apply to the administrator for a temporary order granting a variance from a standard issued under this section.  Temporary orders shall be granted only if the employer:
Utah Code Annotated § 34A-6-202(2)(c)(i)(A): files an application which meets the requirements of Subsection (2)(c)(iv);
Utah Code Annotated § 34A-6-202(2)(c)(i)(B): establishes that the employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed for compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;
Utah Code Annotated § 34A-6-202(2)(c)(i)(C): establishes that the employer is taking all available steps to safeguard the employer's employees against hazards; and
Utah Code Annotated § 34A-6-202(2)(c)(i)(D): establishes that the employer has an effective program for compliance as quickly as practicable.
Utah Code Annotated § 34A-6-202(2)(c)(ii): Any temporary order shall prescribe the practices, means, methods, operations, and processes which the employer shall adopt and use while the order is in effect and state in detail the employer's program for compliance with the standard.  A temporary order may be granted only after notice to employees and an opportunity for a public hearing; provided, that the administrator may issue one interim order effective until a decision is made after public hearing.
Utah Code Annotated § 34A-6-202(2)(c)(iii): A temporary order may not be in effect longer than the period reasonably required by the employer to achieve compliance.  In no case shall the period of a temporary order exceed one year.
Utah Code Annotated § 34A-6-202(2)(c)(iv): An application for a temporary order under Subsection (2)(c) shall contain:
Utah Code Annotated § 34A-6-202(2)(c)(iv)(A): a specification of the standard or part from which the employer seeks a variance;
Utah Code Annotated § 34A-6-202(2)(c)(iv)(B): a representation by the employer, supported by representations from qualified persons having first-hand knowledge of the facts represented, that the employer is unable to comply with the standard or some part of the standard;
Utah Code Annotated § 34A-6-202(2)(c)(iv)(C): a detailed statement of the reasons the employer is unable to comply;
Utah Code Annotated § 34A-6-202(2)(c)(iv)(D): a statement of the measures taken and anticipated with specific dates, to protect employees against the hazard;
Utah Code Annotated § 34A-6-202(2)(c)(iv)(E): a statement of when the employer expects to comply with the standard and what measures the employer has taken and those anticipated, giving specific dates for compliance; and
Utah Code Annotated § 34A-6-202(2)(c)(iv)(F): a certification that the employer has informed the employer's employees of the application by:
Utah Code Annotated § 34A-6-202(2)(c)(iv)(F)(I): giving a copy to their authorized representative;
Utah Code Annotated § 34A-6-202(2)(c)(iv)(F)(II): posting a statement giving 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
Utah Code Annotated § 34A-6-202(2)(c)(iv)(F)(III): by other appropriate means.
Utah Code Annotated § 34A-6-202(2)(c)(v): The certification required under Subsection (2)(c)(iv) shall contain a description of how employees have been informed.
Utah Code Annotated § 34A-6-202(2)(c)(vi): The information to employees required under Subsection (2)(c)(v) shall inform the employees of their right to petition the division for a hearing.
Utah Code Annotated § 34A-6-202(2)(c)(vii): The administrator is authorized to grant a variance from any standard or some part of the standard when the administrator determines that it is necessary to permit an employer to participate in a research and development project approved by the administrator to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
Utah Code Annotated § 34A-6-202(2)(d): 
Utah Code Annotated § 34A-6-202(2)(d)(i): Any standard issued under this subsection shall prescribe the use of labels or other forms of warning necessary to ensure that employees are apprised of all hazards, relevant symptoms and emergency treatment, and proper conditions and precautions of safe use or exposure.  When appropriate, a standard shall prescribe suitable protective equipment and control or technological procedures for use in connection with such hazards and provide for monitoring or measuring employee exposure at such locations and intervals, and in a manner necessary for the protection of employees.  In addition, any such standard shall prescribe the type and frequency of medical examinations or other tests which shall be made available by the employer, or at the employer's cost, to employees exposed to hazards in order to most effectively determine whether the health of employees is adversely affected by exposure.  If medical examinations are in the nature of research as determined by the division, the examinations may be furnished at division expense.  The results of such examinations or tests shall be furnished only to the division; and, at the request of the employee, to the employee's physician.
Utah Code Annotated § 34A-6-202(2)(d)(ii): The administrator may by rule make appropriate modifications in requirements for the use of labels or other forms of warning, monitoring or measuring, and medical examinations warranted by experience, information, or medical or technological developments acquired subsequent to the promulgation of the relevant standard.
Utah Code Annotated § 34A-6-202(2)(e): Whenever a rule issued by the administrator differs substantially from an existing national consensus standard, the division shall publish a statement of the reasons why the rule as adopted will better effectuate the purposes of this chapter than the national consensus standard.
Utah Code Annotated § 34A-6-202(2)(f): Whenever a rule, standard, or national consensus standard is modified by the secretary so as to make less restrictive the federal Williams-Steiger Occupational Safety and Health Act of 1970, the less restrictive modification shall be immediately applicable to this chapter and shall be immediately implemented by the division.
Utah Code Annotated § 34A-6-202(3): 
Utah Code Annotated § 34A-6-202(3)(a): The administrator shall provide an emergency temporary standard to take immediate effect upon publication if the administrator determines that:
Utah Code Annotated § 34A-6-202(3)(a)(i): employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and
Utah Code Annotated § 34A-6-202(3)(a)(ii): that the standard is necessary to protect employees from danger.
Utah Code Annotated § 34A-6-202(3)(b): An emergency standard shall be effective until superseded by a standard issued in accordance with the procedures prescribed in this Subsection (3)(c).
Utah Code Annotated § 34A-6-202(3)(c): Upon publication of an emergency standard the division shall commence a proceeding in accordance with Subsection (2) and the standard as published shall serve as a proposed rule for the proceedings.  The division shall issue a standard under Subsection (3) no later than 120 days after publication of the emergency standard.
Utah Code Annotated § 34A-6-202(4): 
Utah Code Annotated § 34A-6-202(4)(a): Any affected employer may apply to the division for a rule or order for a variance from a standard issued under this section.  Affected employees shall be given notice of each application and may participate in a hearing.  The administrator shall issue a rule or order if the administrator determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and a workplace to the employer's employees that are as safe and healthful as those which would prevail if the employer complied with the standard.
Utah Code Annotated § 34A-6-202(4)(b): The rule or order issued under Subsection (4)(a) shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that the employer must adopt and use to the extent they differ from the standard in question.
Utah Code Annotated § 34A-6-202(4)(c): A rule or order issued under Subsection (4)(a) may be modified or revoked upon application by an employer, employees, or by the administrator on its own motion, in the manner prescribed for its issuance under this Subsection (4) at any time after six months from its issuance.
Utah Code Annotated § 34A-6-202(5): The administrator shall include a statement of reasons for the administrator's actions when the administrator:
Utah Code Annotated § 34A-6-202(5)(a): issues any code, standard, rule, or order;
Utah Code Annotated § 34A-6-202(5)(b): grants any exemption or extension of time; or
Utah Code Annotated § 34A-6-202(5)(c): compromises, mitigates, or settles any penalty assessed under this chapter.
Utah Code Annotated § 34A-6-202(6): Title 78A, Judiciary and Judicial Administration Any person adversely affected by a standard issued under this section, at any time prior to 60 days after a standard is issued, may file a petition challenging the standard's validity with a court with jurisdiction under
Utah Code Annotated § 34A-6-202(7): In determining the priority for establishing standards under this section, the division shall give due regard to the urgency of the need for mandatory safety and health standards for particular industries, trades, crafts, occupations, businesses, workplaces or work environments.  The administrator shall also give due regard to the recommendations of the Department of Health and Human Services about the need for mandatory standards in determining the priority for establishing the standards.


Utah Code Annotated § 34A-6-203 Discharge or retaliation against employee prohibited.
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Utah Code Annotated § 34A-6-203(1): A person may not discharge or in any way retaliate against an employee because the employee:
Utah Code Annotated § 34A-6-203(1)(a): files a complaint or institutes or causes to be instituted a proceeding under or related to this chapter;
Utah Code Annotated § 34A-6-203(1)(b): testifies or is about to testify in any proceeding under or related to this chapter; or
Utah Code Annotated § 34A-6-203(1)(c): exercises a right granted by this chapter on behalf of the employee or others.
Utah Code Annotated § 34A-6-203(2): (2); (2)(c); (3)
Utah Code Annotated § 34A-6-203(2)(a): An employee who believes that the employee has been discharged or otherwise retaliated against by any person in violation of this section may, within 30 days after the violation occurs, file a complaint with the division alleging discharge or retaliation in violation of this section.
Utah Code Annotated § 34A-6-203(2)(b): (2)
Utah Code Annotated § 34A-6-203(2)(b)(i): Upon receipt of the complaint, the division shall cause an investigation to be made.
Utah Code Annotated § 34A-6-203(2)(b)(ii): (2) The division may employ investigators as necessary to carry out the purpose of this Subsection
Utah Code Annotated § 34A-6-203(2)(c): Upon completion of the investigation, the division shall issue an order:
Utah Code Annotated § 34A-6-203(2)(c)(i): 
Utah Code Annotated § 34A-6-203(2)(c)(i)(A): finding a violation of this section has occurred;
Utah Code Annotated § 34A-6-203(2)(c)(i)(B): requiring that the violation cease; and
Utah Code Annotated § 34A-6-203(2)(c)(i)(C): which may include other appropriate relief, such as reinstatement of the employee to the employee's former position with back pay; or
Utah Code Annotated § 34A-6-203(2)(c)(ii): finding that a violation of the section has not occurred.
Utah Code Annotated § 34A-6-203(2)(d): (2)(c); (3) An order issued under Subsection
Utah Code Annotated § 34A-6-203(3): (2)(c); 63G-4-301(1); (2)(c)
Utah Code Annotated § 34A-6-203(3)(a): (2)(c) A party to a claim of a violation of this section may seek review of the order issued under Subsection
Utah Code Annotated § 34A-6-203(3)(b): 63G-4-301(1) The request for review shall comply with Subsection
Utah Code Annotated § 34A-6-203(3)(c): If the request for review is made, the Division of Adjudication shall conduct a de novo review of the underlying order.
Utah Code Annotated § 34A-6-203(3)(d): If the request for review is based on a finding that a violation of this section occurred, the division shall appear in the review proceeding to defend the division's finding.
Utah Code Annotated § 34A-6-203(3)(e): If the request for review is based on a finding that a violation of this section did not occur, the division may not participate in the review proceeding.
Utah Code Annotated § 34A-6-203(3)(f): (2)(c)
Utah Code Annotated § 34A-6-203(3)(f)(i): (2)(c) If the Division of Adjudication determines a violation of this section has occurred, it may order relief as provided in Subsection
Utah Code Annotated § 34A-6-203(3)(f)(ii): If the Division of Adjudication determines that a violation of this section has not occurred, it shall issue an order stating the determination.
Utah Code Annotated § 34A-6-203(4): (3)(f); 34A-6-304(1) A party may appeal an order issued by the Division of Adjudication under Subsection


Utah Code Annotated § 34A-6-204 State agencies and political subdivisions to establish programs.
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The head of each state agency and each political subdivision of the state shall establish and maintain an occupational safety and health program equivalent to the program for other employments in the state.  The commission may not assess monetary penalties against any state agency or political subdivision under Section

Utah Code Annotated § 34A-6-301 Inspection and investigation of workplace, worker injury, illness, or complaint -- Warrants -- Attendance of witnesses -- Recordkeeping by employers -- Employer and employee representatives -- Request for inspection -- Compilation and publication of reports and information -- Rules.
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Utah Code Annotated § 34A-6-301(1): 
Utah Code Annotated § 34A-6-301(1)(a): The division or its representatives, upon presenting appropriate credentials to the owner, operator, or agent in charge, may:
Utah Code Annotated § 34A-6-301(1)(a)(i): enter without delay at reasonable times any workplace where work is performed by an employee of an employer;
Utah Code Annotated § 34A-6-301(1)(a)(ii): inspect and investigate during regular working hours and at other reasonable times in a reasonable manner any workplace, worker injury, occupational disease, or complaint and all pertinent methods, operations, processes, conditions, structures, machines, apparatus, devices, equipment, and materials in the workplace; and
Utah Code Annotated § 34A-6-301(1)(a)(iii): question privately any such employer, owner, operator, agent, or employee.
Utah Code Annotated § 34A-6-301(1)(b): The division, upon an employer's refusal to permit an inspection, may seek a warrant pursuant to the Utah Rules of Criminal Procedure.
Utah Code Annotated § 34A-6-301(2): 78B-1-119; (2)(c)
Utah Code Annotated § 34A-6-301(2)(a): The division or its representatives may require the attendance and testimony of witnesses and the production of evidence under oath.
Utah Code Annotated § 34A-6-301(2)(b): 78B-1-119 Witnesses shall receive fees and mileage in accordance with Section
Utah Code Annotated § 34A-6-301(2)(c): (2)(c)
Utah Code Annotated § 34A-6-301(2)(c)(i): If any person fails or refuses to obey an order of the division to appear, any district court within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the division, shall have jurisdiction to issue to any person an order requiring that person to:
Utah Code Annotated § 34A-6-301(2)(c)(i)(A): appear to produce evidence if, as, and when so ordered; and
Utah Code Annotated § 34A-6-301(2)(c)(i)(B): give testimony relating to the matter under investigation or in question.
Utah Code Annotated § 34A-6-301(2)(c)(ii): (2)(c) Any failure to obey an order of the court described in this Subsection
Utah Code Annotated § 34A-6-301(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b); 34A-2-407; 34A-3-108; 34A-2-407; 34A-3-108; 34A-3-103; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b); Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-6-202; (3)(c)(i)
Utah Code Annotated § 34A-6-301(3)(a): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The commission shall make rules in accordance with
Utah Code Annotated § 34A-6-301(3)(a)(i): to keep records regarding activities related to this chapter considered necessary for enforcement or for the development of information about the causes and prevention of occupational accidents and diseases; and
Utah Code Annotated § 34A-6-301(3)(a)(ii): through posting of notices or other means, to inform employees of their rights and obligations under this chapter including applicable standards.
Utah Code Annotated § 34A-6-301(3)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b); 34A-2-407; 34A-3-108; 34A-2-407; 34A-3-108; 34A-3-103; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b) The commission shall make rules in accordance with
Utah Code Annotated § 34A-6-301(3)(b)(i): 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.
Utah Code Annotated § 34A-6-301(3)(b)(ii): Each employer shall, within eight hours of occurrence, notify the division of any:
Utah Code Annotated § 34A-6-301(3)(b)(ii)(A): work-related fatality;
Utah Code Annotated § 34A-6-301(3)(b)(ii)(B): disabling, serious, or significant injury; or
Utah Code Annotated § 34A-6-301(3)(b)(ii)(C): occupational disease incident.
Utah Code Annotated § 34A-6-301(3)(b)(iii): 34A-2-407; 34A-3-108; 34A-2-407; 34A-3-108
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A): 34A-2-407; 34A-3-108 Each employer shall file a report with the Division of Industrial Accidents in accordance with Sections
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A)(I): medical treatment;
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A)(II): loss of consciousness;
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A)(III): loss of work;
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A)(IV): restriction of work; or
Utah Code Annotated § 34A-6-301(3)(b)(iii)(A)(V): transfer to another job.
Utah Code Annotated § 34A-6-301(3)(b)(iii)(B): 34A-2-407; 34A-3-108
Utah Code Annotated § 34A-6-301(3)(b)(iii)(B)(I): Each employer shall file a subsequent report with the Division of Industrial Accidents of any previously reported injury or occupational disease that later resulted in death.
Utah Code Annotated § 34A-6-301(3)(b)(iii)(B)(II): 34A-2-407; 34A-3-108 The subsequent report shall be filed with the Division of Industrial Accidents in accordance with Sections
Utah Code Annotated § 34A-6-301(3)(b)(iv): A report is not required for minor injuries, such as cuts or scratches that require first aid treatment only, unless a treating physician files, or is required to file, the Physician's Initial Report of Work Injury or Occupational Disease with the Division of Industrial Accidents.
Utah Code Annotated § 34A-6-301(3)(b)(v): 34A-3-103 A report is not required:
Utah Code Annotated § 34A-6-301(3)(b)(v)(A): for occupational diseases that manifest after the employee is no longer employed by the employer with which the exposure occurred; or
Utah Code Annotated § 34A-6-301(3)(b)(v)(B): 34A-3-103 where the employer is not aware of an exposure occasioned by the employment which results in a compensable occupational disease as defined by Section
Utah Code Annotated § 34A-6-301(3)(b)(vi): Each employer shall provide the employee with:
Utah Code Annotated § 34A-6-301(3)(b)(vi)(A): a copy of the report submitted to the Division of Industrial Accidents; and
Utah Code Annotated § 34A-6-301(3)(b)(vi)(B): a statement, as prepared by the Division of Industrial Accidents, of the employee's rights and responsibilities related to the industrial injury or occupational disease.
Utah Code Annotated § 34A-6-301(3)(b)(vii): Each employer shall maintain a record in a manner prescribed by the commission of all work-related fatalities or work-related injuries and of all occupational diseases resulting in:
Utah Code Annotated § 34A-6-301(3)(b)(vii)(A): medical treatment;
Utah Code Annotated § 34A-6-301(3)(b)(vii)(B): loss of consciousness;
Utah Code Annotated § 34A-6-301(3)(b)(vii)(C): loss of work;
Utah Code Annotated § 34A-6-301(3)(b)(vii)(D): restriction of work; or
Utah Code Annotated § 34A-6-301(3)(b)(vii)(E): transfer to another job.
Utah Code Annotated § 34A-6-301(3)(b)(viii): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(b) The commission shall make rules in accordance with
Utah Code Annotated § 34A-6-301(3)(c): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-6-202; (3)(c)(i)
Utah Code Annotated § 34A-6-301(3)(c)(i): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-6-202 The commission shall make rules in accordance with
Utah Code Annotated § 34A-6-301(3)(c)(ii): (3)(c)(i)
Utah Code Annotated § 34A-6-301(3)(c)(ii)(A): (3)(c)(i) The rules made under Subsection
Utah Code Annotated § 34A-6-301(3)(c)(ii)(A)(I): to observe the measuring or monitoring; and
Utah Code Annotated § 34A-6-301(3)(c)(ii)(A)(II): to have access to the records of the measuring or monitoring, and to records that indicate their exposure to toxic materials or harmful agents.
Utah Code Annotated § 34A-6-301(3)(c)(ii)(B): Each employer shall promptly notify employees being exposed to toxic materials or harmful agents in concentrations that exceed prescribed levels and inform any such employee of the corrective action being taken.
Utah Code Annotated § 34A-6-301(4): Information obtained by the division shall be obtained with a minimum burden upon employers, especially those operating small businesses.
Utah Code Annotated § 34A-6-301(5): A representative of the employer and a representative authorized by employees shall be given an opportunity to accompany the division's authorized representative during the physical inspection of any workplace.  If there is no authorized employee representative, the division's authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
Utah Code Annotated § 34A-6-301(6): (7)
Utah Code Annotated § 34A-6-301(6)(a): (7)
Utah Code Annotated § 34A-6-301(6)(a)(i): (7)
Utah Code Annotated § 34A-6-301(6)(a)(i)(A): Any employee or representative of employees who believes that a violation of an adopted safety or health standard exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the division's authorized representative of the violation or danger.  The notice shall be:
Utah Code Annotated § 34A-6-301(6)(a)(i)(A)(I): in writing, setting forth with reasonable particularity the grounds for notice; and
Utah Code Annotated § 34A-6-301(6)(a)(i)(A)(II): signed by the employee or representative of employees.
Utah Code Annotated § 34A-6-301(6)(a)(i)(B): A copy of the notice shall be provided the employer or the employer's agent no later than at the time of inspection.
Utah Code Annotated § 34A-6-301(6)(a)(i)(C): (7) Upon request of the person giving notice, the person's name and the names of individual employees referred to in the notice may not appear in the copy or on any record published, released, or made available pursuant to Subsection
Utah Code Annotated § 34A-6-301(6)(a)(ii): 
Utah Code Annotated § 34A-6-301(6)(a)(ii)(A): If upon receipt of the notice the division's authorized representative determines there are reasonable grounds to believe that a violation or danger exists, the authorized representative shall make a special inspection in accordance with this section as soon as practicable to determine if a violation or danger exists.
Utah Code Annotated § 34A-6-301(6)(a)(ii)(B): If the division's authorized representative determines there are no reasonable grounds to believe that a violation or danger exists, the authorized representative shall notify the employee or representative of the employees in writing of that determination.
Utah Code Annotated § 34A-6-301(6)(b): 
Utah Code Annotated § 34A-6-301(6)(b)(i): Prior to or during any inspection of a workplace, any employee or representative of employees employed in the workplace may notify the division or its representative of any violation of a standard that they have reason to believe exists in the workplace.
Utah Code Annotated § 34A-6-301(6)(b)(ii): The division shall:
Utah Code Annotated § 34A-6-301(6)(b)(ii)(A): by rule, establish procedures for informal review of any refusal by a representative of the division to issue a citation with respect to any alleged violation; and
Utah Code Annotated § 34A-6-301(6)(b)(ii)(B): furnish the employees or representative of employees requesting review a written statement of the reasons for the division's final disposition of the case.
Utah Code Annotated § 34A-6-301(7): 34A-6-306; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-6-306
Utah Code Annotated § 34A-6-301(7)(a): 34A-6-306 The division may compile, analyze, and publish, either in summary or detailed form, all reports or information obtained under this section, subject to the limitations set forth in Section
Utah Code Annotated § 34A-6-301(7)(b): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 34A-6-306 The commission shall make rules in accordance with
Utah Code Annotated § 34A-6-301(8): 34A-6-302; 34A-6-307 Any employer who refuses or neglects to make reports, to maintain records, or to file reports with the commission as required by this section is guilty of a class C misdemeanor and subject to citation under Section


Utah Code Annotated § 34A-6-302 Citations issued by division -- Grounds -- Posting -- Limitation.
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Utah Code Annotated § 34A-6-302(1): 34A-6-201; 34A-6-202
Utah Code Annotated § 34A-6-302(1)(a): 34A-6-201; 34A-6-202 If upon inspection or investigation, the division or its authorized representative believes that an employer has violated a requirement of Section
Utah Code Annotated § 34A-6-302(1)(b): Each citation shall:
Utah Code Annotated § 34A-6-302(1)(b)(i): be in writing; and
Utah Code Annotated § 34A-6-302(1)(b)(ii): describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, or order alleged to have been violated.
Utah Code Annotated § 34A-6-302(1)(c): The citation shall fix a reasonable time for the abatement of the violation.  In the case of a review proceeding initiated by the employer in good faith, not for the purpose of delay or avoidance of the penalties, the time for abatement begins to run on the date of the final order of the commission.
Utah Code Annotated § 34A-6-302(1)(d): The commission may prescribe procedures for the issuance of a notice in lieu of a citation with respect to violations that have no direct or immediate relationship to safety or health.
Utah Code Annotated § 34A-6-302(2): Each citation issued under this section or a copy shall be prominently posted by the employer, as required by rule, at or near each place a violation referred to in the citation occurred.
Utah Code Annotated § 34A-6-302(3): A citation may not be issued under this section after the expiration of six months following the occurrence of any violation.


Utah Code Annotated § 34A-6-303 Enforcement procedures -- Notification to employer of proposed assessment -- Notification to employer of failure to correct violation -- Contest by employer of citation or proposed assessment -- Procedure.
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Utah Code Annotated § 34A-6-303(1): 34A-6-302(1); 34A-6-307; (3)
Utah Code Annotated § 34A-6-303(1)(a): 34A-6-302(1); 34A-6-307 If the division issues a citation under Subsection
Utah Code Annotated § 34A-6-303(1)(b): (3) If, within 30 days from the receipt of the notice issued by the division, the employer fails to notify the Division of Adjudication that the employer intends to contest the citation, abatement, or proposed assessment, and no notice is filed by any employee or representative of employees under Subsection
Utah Code Annotated § 34A-6-303(2): 34A-6-307
Utah Code Annotated § 34A-6-303(2)(a): 34A-6-307 If the division has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the time period permitted, the division shall notify the employer by certified mail or personal service:
Utah Code Annotated § 34A-6-303(2)(a)(i): of the failure;
Utah Code Annotated § 34A-6-303(2)(a)(ii): 34A-6-307 of the assessment proposed to be assessed under Section
Utah Code Annotated § 34A-6-303(2)(a)(iii): that the employer has 30 days to notify the Division of Adjudication that the employer intends to contest the division's notification or the proposed assessment.
Utah Code Annotated § 34A-6-303(2)(b): The period for corrective action does not begin to run until entry of a final order by the commission.
Utah Code Annotated § 34A-6-303(2)(c): If the employer fails to notify the Division of Adjudication, in writing, within 30 days from the receipt of notification issued by the division, that the employer intends to contest the notification or proposed assessment, the notification and assessment, as proposed, is final and not subject to review by any court or agency.
Utah Code Annotated § 34A-6-303(3): 34A-6-302(1); (1); (2); 34A-6-302(1)
Utah Code Annotated § 34A-6-303(3)(a): 34A-6-302(1); (1); (2); 34A-6-302(1) If an employer notifies the Division of Adjudication that the employer intends to contest a citation issued under Subsection
Utah Code Annotated § 34A-6-303(3)(b): Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond the employer's reasonable control, the division, after an opportunity for discussion and consideration, shall issue an order affirming or modifying the abatement requirements in any citation.


Utah Code Annotated § 34A-6-304 Procedure for review of order entered by administrative law judge -- Continuing jurisdiction of commission.
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Utah Code Annotated § 34A-6-304(1): (2)
Utah Code Annotated § 34A-6-304(1)(a): Administrative law judges assigned by the director of the Division of Adjudication shall hear and determine any proceeding assigned to them by the Division of Adjudication.
Utah Code Annotated § 34A-6-304(1)(b): The administrative law judge shall enter the administrative law judge's findings of fact, conclusions of law, and order not later than 30 days after final receipt of all matters concerned in the hearing.
Utah Code Annotated § 34A-6-304(1)(c): (2) The findings of fact, conclusions of law, and order of the administrative law judge shall become the final order of the commission unless objections are made in accordance with Subsection
Utah Code Annotated § 34A-6-304(2): 63G-4-301; Chapter 1, Part 3, Adjudicative Proceedings; 34A-1-303; Chapter 1, Part 3, Adjudicative Proceedings
Utah Code Annotated § 34A-6-304(2)(a): 63G-4-301; Chapter 1, Part 3, Adjudicative Proceedings Any party of interest who is dissatisfied with the order entered by an administrative law judge may obtain a review by appealing the decision in accordance with Section
Utah Code Annotated § 34A-6-304(2)(b): 34A-1-303 The commissioner or Appeals Board shall make its decision in accordance with Section
Utah Code Annotated § 34A-6-304(2)(c): Chapter 1, Part 3, Adjudicative Proceedings The decision of the commission is final unless judicial review is requested in accordance with
Utah Code Annotated § 34A-6-304(2)(d): To the extent that new facts are provided, the commission has continuing jurisdiction to amend, reverse, or enhance prior orders.


Utah Code Annotated § 34A-6-305 Injunction proceedings.
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Utah Code Annotated § 34A-6-305(1): The district courts shall have jurisdiction, upon petition of the administrator to restrain any conditions or practices in any place of employment where danger exists which could reasonably be expected to cause death or physical harm immediately or before the imminence of such danger can be eliminated through enforcement procedures provided by this chapter.  Any order issued under this section may require that necessary steps be taken to avoid, correct, or remove imminent danger or prohibit the employment or presence of any individual in locations or under conditions where imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove imminent danger or maintain the capacity of a continuous process operation so that normal operations can be resumed without a complete cessation of operations, or where cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
Utah Code Annotated § 34A-6-305(2): The district courts shall have jurisdiction upon petition to grant injunctive relief or temporary restraining orders pending the outcome of any enforcement proceeding pursuant to this act pursuant to Rule 65A, Utah Rules of Civil Procedure; provided, that no temporary restraining order issued without notice shall be effective for more than five days.
Utah Code Annotated § 34A-6-305(3): Whenever an inspector concludes that imminent danger exists in any place of employment, the inspector shall inform the affected employees and employers of the danger and that the inspector is recommending to the administrator that relief be sought.
Utah Code Annotated § 34A-6-305(4): If the administrator arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employees, may bring an action against the administrator in the district court of the county in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus and for further appropriate relief.


Utah Code Annotated § 34A-6-306 Disclosure of trade secrets -- Protective orders.
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Utah Code Annotated § 34A-6-306(1): All information reported to or otherwise obtained by the administrator or the administrator's representatives or any employee in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret shall be considered confidential except that the information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant, in any proceeding under this chapter.
Utah Code Annotated § 34A-6-306(2): In any such proceeding, the commission or the court shall issue appropriate orders to protect the trade secret.


Utah Code Annotated § 34A-6-307 Civil and criminal penalties.
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Utah Code Annotated § 34A-6-307(1): 34A-6-302; (1)(a)(ii); (1)(a)(iv); (1)(a)(ii)
Utah Code Annotated § 34A-6-307(1)(a): 34A-6-302; (1)(a)(ii); (1)(a)(iv) The commission may assess civil penalties against an employer who has received a citation under Section
Utah Code Annotated § 34A-6-307(1)(a)(i): (1)(a)(ii); (1)(a)(iv) except as provided in Subsections
Utah Code Annotated § 34A-6-307(1)(a)(ii): the commission may not assess more than $13,653 for each cited serious violation;
Utah Code Annotated § 34A-6-307(1)(a)(iii): the commission may not assess less than $9,753 nor more than $136,532 for each cited willful violation;
Utah Code Annotated § 34A-6-307(1)(a)(iv): the commission may assess up to $136,532 for each cited violation if the employer has previously been found to have violated the same standards, code, rule, or order; and
Utah Code Annotated § 34A-6-307(1)(a)(v): after the expiration of the time permitted to an employer to correct a cited violation, the commission may assess up to $13,653 for each day the violation continues uncorrected.
Utah Code Annotated § 34A-6-307(1)(b): (1)(a)(ii) For purposes of Subsection
Utah Code Annotated § 34A-6-307(1)(b)(i): it arises from a condition, practice, method, operation, or process in the workplace of which the employer knows or should know through the exercise of reasonable diligence; and
Utah Code Annotated § 34A-6-307(1)(b)(ii): there is a substantial possibility that the condition, practice, method, operation, or process could result in death or serious physical harm.
Utah Code Annotated § 34A-6-307(2): The commission may assess a civil penalty of up to $13,653 for each violation of a posting requirement under this chapter.
Utah Code Annotated § 34A-6-307(3): In deciding the amount to assess for a civil penalty, the commission shall consider all relevant factors, including:
Utah Code Annotated § 34A-6-307(3)(a): the size of the employer's business;
Utah Code Annotated § 34A-6-307(3)(b): the nature of the violation;
Utah Code Annotated § 34A-6-307(3)(c): the employer's good faith or lack of good faith; and
Utah Code Annotated § 34A-6-307(3)(d): the employer's previous record of compliance or noncompliance with this chapter.
Utah Code Annotated § 34A-6-307(4): A civil penalty collected under this chapter shall be paid into the General Fund.
Utah Code Annotated § 34A-6-307(5): 34A-6-202; (5)(a)(i)
Utah Code Annotated § 34A-6-307(5)(a): 34A-6-202 Criminal penalties under this chapter are as follows:
Utah Code Annotated § 34A-6-307(5)(a)(i): 34A-6-202 an employer who willfully violates a standard, code, rule, or order issued under Section
Utah Code Annotated § 34A-6-307(5)(a)(ii): a person who gives advance notice of any inspection conducted under this chapter without authority from the administrator or the administrator's representatives is guilty of a class A misdemeanor; and
Utah Code Annotated § 34A-6-307(5)(a)(iii): a person who knowingly makes a false statement, representation, or certification in an application, a record, a report, a plan, or another document filed or required to be maintained under this chapter is guilty of a class A misdemeanor.
Utah Code Annotated § 34A-6-307(5)(b): (5)(a)(i) For purposes of Subsection
Utah Code Annotated § 34A-6-307(6): Title 63G, Chapter 4, Administrative Procedures Act; (6)(a); (6)(a)
Utah Code Annotated § 34A-6-307(6)(a): Title 63G, Chapter 4, Administrative Procedures Act After a citation issued under this chapter and an opportunity for a hearing under
Utah Code Annotated § 34A-6-307(6)(b): (6)(a) The filed abstract described in Subsection
Utah Code Annotated § 34A-6-307(6)(c): (6)(a) The abstract described in Subsection
Utah Code Annotated § 34A-6-307(6)(c)(i): the uncollected citation penalty;
Utah Code Annotated § 34A-6-307(6)(c)(ii): reasonable attorney fees as set by commission rule; and
Utah Code Annotated § 34A-6-307(6)(c)(iii): court costs.


Utah Code Annotated - Title 34A - Chapter 7 - Safety
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Utah Code Annotated § 34A-7-101 Scope of chapter -- Exemptions.
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Utah Code Annotated § 34A-7-101(1): (2) Except as provided in Subsection
Utah Code Annotated § 34A-7-101(1)(a): industrial or manufacturing establishments;
Utah Code Annotated § 34A-7-101(1)(b): business establishments;
Utah Code Annotated § 34A-7-101(1)(c): sawmills;
Utah Code Annotated § 34A-7-101(1)(d): construction jobs; and
Utah Code Annotated § 34A-7-101(1)(e): any place where workers or the public may be exposed to risks from the operation of boilers or pressure vessels.
Utah Code Annotated § 34A-7-101(2): This part does not apply to:
Utah Code Annotated § 34A-7-101(2)(a): a boiler or pressure vessel subject to inspection, control, or regulation under the terms of any law or regulation of the federal government or any of its agencies;
Utah Code Annotated § 34A-7-101(2)(b): an air tank located on a vehicle used for transporting passengers or freight; or
Utah Code Annotated § 34A-7-101(2)(c): a boiler or pressure vessel that is excluded from the Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers.


Utah Code Annotated § 34A-7-102 Standards for construction and design -- Special approved designs -- Maintenance requirements.
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Utah Code Annotated § 34A-7-102(1): For the purposes of this part, the standards for the design and construction of a new boiler and new pressure vessel shall be the latest applicable provisions of the Boiler and Pressure Vessel Code published by the American Society of Mechanical Engineers.
Utah Code Annotated § 34A-7-102(2): This part may not be construed as preventing the construction and use of a boiler or pressure vessel of special design:
Utah Code Annotated § 34A-7-102(2)(a): subject to approval of the Division of Boiler and Elevator Safety; and
Utah Code Annotated § 34A-7-102(2)(b): if the special design provides a level of safety equivalent to that contemplated by the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers.
Utah Code Annotated § 34A-7-102(3): A boiler and pressure vessel, including an existing boiler and pressure vessel, shall be maintained in safe operating condition for the service involved.


Utah Code Annotated § 34A-7-103 Inspection requirements -- Inspection certificate -- Standards of inspectors.
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Utah Code Annotated § 34A-7-103(1): 34A-7-101 On and after July 1, 1967, each boiler used or proposed to be used within this state, except boilers exempt under Section
Utah Code Annotated § 34A-7-103(1)(a): internally and externally;
Utah Code Annotated § 34A-7-103(1)(b): annually, except as otherwise provided by this part;
Utah Code Annotated § 34A-7-103(1)(c): while not under pressure;
Utah Code Annotated § 34A-7-103(1)(d): by:
Utah Code Annotated § 34A-7-103(1)(d)(i): the Division of Boiler and Elevator Safety; or
Utah Code Annotated § 34A-7-103(1)(d)(ii): an inspector approved and deputized by the Division of Boiler and Elevator Safety; and
Utah Code Annotated § 34A-7-103(1)(e): as to its safety of construction, installation, condition, and operation.
Utah Code Annotated § 34A-7-103(2): If at any time a hydrostatic test shall be considered necessary by the Division of Boiler and Elevator Safety to determine the safety of a boiler, the hydrostatic test shall be made at the direction of the Division of Boiler and Elevator Safety allowing a reasonable time for owner or user to comply.
Utah Code Annotated § 34A-7-103(3): (3)
Utah Code Annotated § 34A-7-103(3)(a): Not more than 14 months shall elapse between internal inspections of a boiler, except not more than 30 months between internal inspections of a large power boiler.
Utah Code Annotated § 34A-7-103(3)(b): (3) For purposes of this Subsection
Utah Code Annotated § 34A-7-103(3)(c): The Division of Boiler and Elevator Safety may extend the inspection interval in writing when proper evidence has been presented as to method of operation, performance records, and water treatment.
Utah Code Annotated § 34A-7-103(4): (4)
Utah Code Annotated § 34A-7-103(4)(a): All low pressure boilers shall be internally and externally inspected at least biennially where construction will permit.
Utah Code Annotated § 34A-7-103(4)(b): (4) For purposes of this Subsection
Utah Code Annotated § 34A-7-103(5): 
Utah Code Annotated § 34A-7-103(5)(a): A boiler inspected by a deputized inspector employed by an insurance company, if made within the time limits provided in this section, shall be considered to meet the provisions of this part if:
Utah Code Annotated § 34A-7-103(5)(a)(i): a report of the inspection is filed with the Division of Boiler and Elevator Safety within 30 days after the inspection; and
Utah Code Annotated § 34A-7-103(5)(a)(ii): the boiler is certified by the inspector employed by an insurance company as being safe to operate for the purpose for which it is being used.
Utah Code Annotated § 34A-7-103(5)(b): The inspection and filing of the report with the Division of Boiler and Elevator Safety shall exempt the boiler or boilers from inspection fees provided for in this part.
Utah Code Annotated § 34A-7-103(6): If a boiler shall, upon inspection, be found to be suitable and to conform to the rules of the commission, the inspector shall issue to the owner or user an inspection certificate.
Utah Code Annotated § 34A-7-103(7): 
Utah Code Annotated § 34A-7-103(7)(a): The Division of Boiler and Elevator Safety may at any time suspend an inspection certificate when in its opinion the boiler for which it was issued may not continue to be operated without menace to the public safety or when the boiler is found not to comply with the safety rules of the commission.
Utah Code Annotated § 34A-7-103(7)(b): The suspension of an inspection certificate shall continue in effect until the boiler shall have been made to conform to the safety rules of the commission and a new certificate is issued.
Utah Code Annotated § 34A-7-103(8): An inspector deputized or employed by the Division of Boiler and Elevator Safety under this part shall meet at all times nationally recognized standards of qualifications of fitness and competence for such work.


Utah Code Annotated § 34A-7-104 Fees.
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The owner or user of a boiler required by this part to be inspected shall pay to the commission fees for inspection or for permits to operate in amounts set by the commission pursuant to Section

Utah Code Annotated § 34A-7-105 Violation of chapter -- Misdemeanor -- Injunction.
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Utah Code Annotated § 34A-7-105(1): It is a violation of this part and a class C misdemeanor to operate a boiler or pressure vessel subject to this part if:
Utah Code Annotated § 34A-7-105(1)(a): certification has been denied or suspended; or
Utah Code Annotated § 34A-7-105(1)(b): the boiler or pressure vessel is knowingly operated while constituting a safety hazard.
Utah Code Annotated § 34A-7-105(2): 
Utah Code Annotated § 34A-7-105(2)(a): The Division of Boiler and Elevator Safety may bring a lawsuit in any court of this state to enjoin the operation of any boiler or pressure vessel in violation of this part.
Utah Code Annotated § 34A-7-105(2)(b): The court may issue a temporary injunction, without bond, restraining further operation of the boiler or pressure vessel, ex parte.
Utah Code Annotated § 34A-7-105(2)(c): Upon a proper showing, the court shall permanently enjoin the operation of the boiler or pressure vessel until the violation is corrected.


Utah Code Annotated § 34A-7-201 Title.
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This part is known as the "Elevator and Escalator Safety Act."

Utah Code Annotated § 34A-7-202 Definitions.
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As used in this part:Utah Code Annotated § 34A-7-202(1): "Division" means the Division of Boiler and Elevator Safety within the commission.
Utah Code Annotated § 34A-7-202(2): 78B-4-507
Utah Code Annotated § 34A-7-202(2)(a): "Elevator" means a hoisting and lowering mechanism:
Utah Code Annotated § 34A-7-202(2)(a)(i): equipped with a car or platform; and
Utah Code Annotated § 34A-7-202(2)(a)(ii): that moves in guides in a substantially vertical direction.
Utah Code Annotated § 34A-7-202(2)(b): 78B-4-507 "Elevator" does not mean:
Utah Code Annotated § 34A-7-202(2)(b)(i): a device used for the sole purpose of elevating or lowering materials such as:
Utah Code Annotated § 34A-7-202(2)(b)(i)(A): a dumbwaiter;
Utah Code Annotated § 34A-7-202(2)(b)(i)(B): a conveyor; or
Utah Code Annotated § 34A-7-202(2)(b)(i)(C): a chain, bucket, or construction hoist;
Utah Code Annotated § 34A-7-202(2)(b)(ii): a tiering, piling, feeding, or similar machine giving service within only one story;
Utah Code Annotated § 34A-7-202(2)(b)(iii): a portable platform;
Utah Code Annotated § 34A-7-202(2)(b)(iv): a stage lift;
Utah Code Annotated § 34A-7-202(2)(b)(v): a device installed in a single family dwelling;
Utah Code Annotated § 34A-7-202(2)(b)(vi): a device installed in a facility owned and operated by the federal government; or
Utah Code Annotated § 34A-7-202(2)(b)(vii): 78B-4-507 an amusement ride, as defined in Section
Utah Code Annotated § 34A-7-202(3): 78B-4-507
Utah Code Annotated § 34A-7-202(3)(a): "Escalator" means a stairway, moving walkway, or runway that is:
Utah Code Annotated § 34A-7-202(3)(a)(i): power-driven;
Utah Code Annotated § 34A-7-202(3)(a)(ii): continuous; and
Utah Code Annotated § 34A-7-202(3)(a)(iii): used to transport one or more individuals.
Utah Code Annotated § 34A-7-202(3)(b): 78B-4-507 "Escalator" does not mean:
Utah Code Annotated § 34A-7-202(3)(b)(i): a device used for the sole purpose of elevating or lowering materials such as:
Utah Code Annotated § 34A-7-202(3)(b)(i)(A): a dumbwaiter;
Utah Code Annotated § 34A-7-202(3)(b)(i)(B): a conveyor; or
Utah Code Annotated § 34A-7-202(3)(b)(i)(C): a chain, bucket, or construction hoist;
Utah Code Annotated § 34A-7-202(3)(b)(ii): a device installed in a single-family dwelling;
Utah Code Annotated § 34A-7-202(3)(b)(iii): a device installed in a facility owned and operated by the federal government; or
Utah Code Annotated § 34A-7-202(3)(b)(iv): 78B-4-507 an amusement ride, as defined in Section
Utah Code Annotated § 34A-7-202(4): "Owner or operator" means a person who owns, controls, or has the duty to control the operation of an elevator or escalator.
Utah Code Annotated § 34A-7-202(5): 34A-7-203(6) "Safety code" means the one or more codes adopted by the division in accordance with Subsection


Utah Code Annotated § 34A-7-203 Requirements for operating an elevator or escalator -- Inspection -- Division duties.
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Utah Code Annotated § 34A-7-203(1): (3); (1)(a); (3); 34A-7-204 An elevator or escalator may not operate in this state unless:
Utah Code Annotated § 34A-7-203(1)(a): (3) the owner or operator of the elevator or escalator obtains an inspection certificate under Subsection
Utah Code Annotated § 34A-7-203(1)(b): (1)(a); (3); 34A-7-204 the inspection certificate described in Subsection
Utah Code Annotated § 34A-7-203(1)(b)(i): (3) expired under Subsection
Utah Code Annotated § 34A-7-203(1)(b)(ii): 34A-7-204 been suspended under Section
Utah Code Annotated § 34A-7-203(2): An elevator or escalator used or proposed to be used in this state shall be inspected as to its safety to operate in accordance with the safety code:
Utah Code Annotated § 34A-7-203(2)(a): every two years; or
Utah Code Annotated § 34A-7-203(2)(b): more frequently than every two years if the division determines that more frequent inspections are necessary.
Utah Code Annotated § 34A-7-203(3): (3)(a)
Utah Code Annotated § 34A-7-203(3)(a): If upon inspection an elevator or escalator is safe to operate in accordance with the safety code, the inspector shall issue to the owner or operator an inspection certificate.
Utah Code Annotated § 34A-7-203(3)(b): (3)(a) An inspection certificate issued under Subsection
Utah Code Annotated § 34A-7-203(4): An inspector employed by the division under this part shall at all times meet nationally recognized standards of qualifications for inspectors of elevators and escalators, as defined by rule by the division.
Utah Code Annotated § 34A-7-203(5): 63J-1-504 The owner or operator of an elevator or escalator that is used in the state shall pay to the commission a fee in amounts set by the commission pursuant to Section
Utah Code Annotated § 34A-7-203(5)(a): for inspection; and
Utah Code Annotated § 34A-7-203(5)(b): for an inspection certificate.
Utah Code Annotated § 34A-7-203(6): (6)(b) The division:
Utah Code Annotated § 34A-7-203(6)(a): shall provide for the inspection of elevators and escalators in accordance with this section;
Utah Code Annotated § 34A-7-203(6)(b): shall adopt by rule one or more nationally recognized standards or other safety codes to be used in inspecting elevators or escalators; and
Utah Code Annotated § 34A-7-203(6)(c): (6)(b) may adopt amendments to the safety code adopted under Subsection


Utah Code Annotated § 34A-7-204 Suspension of inspection certificates -- Violation of part -- Misdemeanor -- Injunction.
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Utah Code Annotated § 34A-7-204(1): 34A-7-203
Utah Code Annotated § 34A-7-204(1)(a): 34A-7-203 The division may suspend an inspection certificate issued under Section
Utah Code Annotated § 34A-7-204(1)(b): The suspension of an inspection certificate shall continue in effect until:
Utah Code Annotated § 34A-7-204(1)(b)(i): the elevator or escalator conforms to the safety code; and
Utah Code Annotated § 34A-7-204(1)(b)(ii): a new inspection certificate is issued.
Utah Code Annotated § 34A-7-204(2): (1)(b) It is a violation of this part and a class C misdemeanor to operate an elevator or escalator in this state if:
Utah Code Annotated § 34A-7-204(2)(a): an inspection certificate for the elevator or escalator has not been issued;
Utah Code Annotated § 34A-7-204(2)(b): (1)(b)
Utah Code Annotated § 34A-7-204(2)(b)(i): an inspection certificate for the elevator or escalator is suspended; and
Utah Code Annotated § 34A-7-204(2)(b)(ii): (1)(b) the requirements of Subsection
Utah Code Annotated § 34A-7-204(2)(c): the elevator or escalator is knowingly operated while constituting a safety hazard.
Utah Code Annotated § 34A-7-204(3): The division may bring a lawsuit in any court of this state to enjoin the operation of any elevator or escalator in violation of this part.


Utah Code Annotated - Title 34A - Chapter 11 - Genetic Testing Restrictions on Employers Act
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Utah Code Annotated § 34A-11-101 Title.
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This chapter is known as the "Genetic Testing Restrictions on Employers Act."

Utah Code Annotated § 34A-11-102 Restrictions on employers.
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With respect to matters related to genetic testing and private genetic information, an employer shall comply with Section