§ 34A-1-407. Investigation of places of employment -- Violations of rules or orders -- Temporary injunction.

(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:

(i) Chapter 2, Workers' Compensation Act;

(ii) Chapter 3, Utah Occupational Disease Act;

(iii) Chapter 5, Utah Antidiscrimination Act;

(iv) Chapter 6, Utah Occupational Safety and Health Act;

(v) Chapter 7, Safety; or

(vi) any combination of Subsections (1)(a)(i) through (v).

(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.

(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, the district court of Utah 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.

Amended by Chapter 291, 2001 General Session