Utah Code 67-26-301. Abusive conduct training

67-26-301. Abusive conduct training.

(1)

Terms Used In Utah Code 67-26-301

Abusive conduct: means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:

(i)	is intended to cause intimidation, humiliation, or unwarranted distress;

(ii)	results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or

(iii)

exploits an employee's known physical or psychological disability. See Utah Code 67-26-102

Abusive conduct complaint process: means the process described in Section 67-26-202. See Utah Code 67-26-102

Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Division: means the Division of Human Resource Management. See Utah Code 67-26-102

Employee: includes an elected or appointed official of an employer. See Utah Code 67-26-102

Employer: means :

(a)	a state executive branch agency; or

(b)

an independent entity, as defined in Section 63E-1-102. See Utah Code 67-26-102

Process: means a writ or summons issued in the course of a judicial proceeding. 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

State executive branch agency: includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general. See Utah Code 67-26-102

(a)

The division shall provide biennial training to educate all state executive branch agency employees and supervisors about how to prevent abusive workplace conduct.

(b)

The training described in Subsection (1)(a) shall include information on:

(i)	what constitutes abusive conduct and the ramifications of abusive conduct;

(ii)	resources available to employees who are subject to abusive conduct; and

(iii)

the abusive conduct complaint process described in Section 67-26-202.

(2)

(a)	The division shall create a baseline training module for employers that are not state executive branch agencies to educate the employers’ respective employees and supervisors about how to prevent abusive workplace conduct.

(b)	The baseline training module described in Subsection (2)(a) shall include information on what constitutes abusive conduct and the ramifications of abusive conduct.

(c)

Each employer that is not a state executive branch agency shall create and provide supplemental training to educate the employer’s employees and supervisors that supplements the division’s baseline training module with information regarding:

(i)	resources available to employees who are subject to abusive conduct; and

(ii)	the employer’s abusive conduct complaint process described in Section 67-26-202.

(d)	An employer may request assistance from the division, at the division’s current consultant rate, in developing the training described in Subsection (2)(c).

(3)

(a)

Each employer shall provide professional development training to promote:

(i)	ethical conduct;

(ii)	organizational leadership practices based in principles of integrity; and

(iii)

the state policy described in Section 67-26-201.

(b)	An employer may request assistance from the division, at the division’s current consultation rate, in developing training described in this Subsection (3).

(4)

(a)

Employers shall provide and employees shall participate in the training described in this section:

(i)	at the time the employee is hired or within a reasonable time after the employee begins employment; and

(ii)	at least every other year after the employee begins employment.

(b)	An employer shall, at the times described in Subsection (4)(a), provide notification to the employee of the abusive conduct complaint process.

(5)

The division may use money appropriated to the division or access support from outside resources to:

(a)	develop policies against workplace abusive conduct; and

(b)

enhance professional development training on topics such as:

(i)	building trust;

(ii)	effective motivation;

(iii)

communication;

(iv)	conflict resolution;

(v)	accountability;

(vi)

coaching;

(vii)

leadership; or

(viii)

ethics.

(6)

(a)

Beginning in 2021, and each year after 2021, an employer that is not a state executive branch agency shall, on or before July 31, report to the division regarding:

(i)	the employer’s implementation of this chapter, including the requirement to provide a process under Section 67-26-202; and

(ii)	the total number and outcomes of abusive conduct complaints that the employer’s employees filed and that the employer investigated or reviewed.

(b)

The division shall annually report to the Economic Development and Workforce Services Interim Committee, no later than the November interim meeting, the following:

(i)	a description the division’s implementation of this chapter;

(ii)

the division’s recommendations, if any, to:

(A)	appropriately address and reduce workplace abusive conduct; or

(B)	change definitions or training required by this section;

(iii)

an annual report of the total number and outcomes of abusive conduct complaints that employees filed and the department investigated; and

(iv)	a summary of the reports the department receives under Subsection (6)(a).

Amended by Chapter 344, 2021 General Session

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