Utah — Workplace Safety

Utah operates an OSHA-approved state plan administered by the Utah Occupational Safety and Health Division (UOSH) of the Utah Labor Commission under the Utah Occupational Safety and Health Act (Utah Code § 34A-6-101 et seq.). The plan received final federal approval on July 16, 1985, and covers all state and local government workers plus most private-sector workers in Utah. Federal OSHA retains jurisdiction over federal employees, the U.S. Postal Service and USPS contractors, private-sector maritime employment, certain agricultural operations (field sanitation and temporary labor camps under 29 C.F.R. §§ 1928.110 and 1910.142), aircraft cabin crewmembers, and private-sector employment on U.S. military bases.

Source: 29 C.F.R. § 1952.3; Utah State Plan page, OSHA; Utah Code § 34A-6-101

Utah employers must notify the Utah Occupational Safety and Health Division (UOSH) within 8 hours of occurrence of any work-related fatality, disabling injury, serious injury, significant injury, or occupational disease incident. This obligation is imposed by Utah Admin. Code R614-1-5(C)(1) and applies regardless of the size or type of the employer's operation.

## Reportable incidents

Employers must report:

• Work-related fatalities — any death arising from employment.
• Disabling, serious, or significant injuries — the regulation defines these to include, but not be limited to, "any injury or illness resulting in immediate admittance to the hospital, permanent or temporary impairment where part of the body is made functionally useless or is substantially reduced in efficiency and which would require treatment by a medical doctor." Examples named in UOSH guidance include amputation, fracture, deep cuts, severe burns, electric shock, sight impairment, loss of consciousness, and concussions.
• Occupational disease incidents — work-related illnesses (such as cancer, silicosis, asbestosis, hearing impairment, and visual impairment) that could shorten life or significantly reduce physical or mental efficiency by inhibiting the normal function of a part of the body.

## How to report

UOSH accepts reports 24 hours a day, 7 days a week at (801) 530-6901 or toll-free at (800) 530-5090. Employers may also submit an online accident report through the Utah Labor Commission website. The UOSH compliance page instructs employers to report "within 8 hours of occurrence."

## Evidence preservation and investigation

Once a reportable incident occurs, employers must not remove or destroy tools, equipment, materials, or other evidence that might pertain to the cause of the accident until authorized by the Utah Labor Commission or a UOSH compliance officer (Utah Admin. Code R614-1-5(C)(2)). Separately, each employer must investigate or cause to be investigated all work-related injuries, occupational diseases, and any sudden or unusual occurrence or change of conditions that pose an unsafe or unhealthful exposure to employees (Utah Admin. Code R614-1-5(C)(3)).

## Penalties

An employer who refuses or neglects to make reports as required by Utah Code § 34A-6-301 is subject to a class C misdemeanor charge and a civil assessment under § 34A-6-307, unless the Utah Labor Commission finds the employer has shown good cause for submitting a report later than required (Utah Code § 34A-6-301(8)).

## Relationship to workers' compensation reporting

This 8-hour notification obligation to UOSH is separate from the employer's obligation under Utah's workers' compensation statutes to file a First Report of Injury or Occupational Disease (Form 122) with the Division of Industrial Accidents. That workers' compensation report must be filed within seven days after the employer's first knowledge of an incident beyond first aid, in the form prescribed by the Division of Industrial Accidents (Utah Code § 34A-2-407(5); Utah Code § 34A-3-108). The two reporting obligations run in parallel and serve different agencies and purposes.

Source: Utah Admin. Code R614-1-5; Utah Code § 34A-6-301; UOSH Compliance page, Utah Labor Commission