(1) Subject to the other provisions of this section, upon the office‘s receipt of information from a person of a possible unsafe condition in a coal mine located in Utah, the office may:

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Terms Used In Utah Code 40-2-302

  • Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
         (1)(a) discharge the person;
         (1)(b) threaten the person;
         (1)(c) coerce the person;
         (1)(d) intimidate the person; or
         (1)(e) discriminate against the person, including to discriminate in:
              (1)(e)(i) compensation;
              (1)(e)(ii) terms;
              (1)(e)(iii) conditions;
              (1)(e)(iv) location;
              (1)(e)(v) rights;
              (1)(e)(vi) immunities;
              (1)(e)(vii) promotions; or
              (1)(e)(viii) privileges. See Utah Code 40-2-102
  • Coal mine: means :
         (2)(a) the following used in extracting coal from its natural deposits in the earth by any means or method:
              (2)(a)(i) the land;
              (2)(a)(ii) a structure;
              (2)(a)(iii) a facility;
              (2)(a)(iv) machinery;
              (2)(a)(v) a tool;
              (2)(a)(vi) equipment;
              (2)(a)(vii) a shaft;
              (2)(a)(viii) a slope;
              (2)(a)(ix) a tunnel;
              (2)(a)(x) an excavation; and
              (2)(a)(xi) other property; and
         (2)(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
  • Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
  • Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
  • Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
  • Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
     (1)(a) notify the federal Mine Safety and Health Administration;
     (1)(b) notify another appropriate federal, state, or local government agency;
     (1)(c) contact the operator of the coal mine;
     (1)(d) refer the information to the council on a confidential basis; or
     (1)(e) take any other authorized action.
(2) The commission, council, or office may not disclose or otherwise make public the identity of a person who reports a possible unsafe condition in a coal mine located in Utah unless that person authorizes the commission, council, or office to disclose the person’s identity.
(3) A coal mine operator may not take adverse action against a person because that person:

     (3)(a) reports an alleged unsafe mine condition; or
     (3)(b) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing under this chapter.
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