Labor Commission
Commission Leadership:
Sherrie Hayashi, Labor Commissioner
Alan Hennebold, Deputy Commissioner/General Counsel
Mission Statement:
To be a leader in achieving safety and fairness in Utah's workplaces.
Overview
Work is of central importance to Utahns. We are an industrious people, and we want to provide a high quality of life for our families. We know that a healthy employment climate keeps good jobs in Utah, attracts new jobs, and promotes a stronger economy. But we also believe work should be safe and fair.
The Labor Commission has the primary role in maintaining a proper balance between the needs of Utah employees and the interests of Utah employers. To accomplish this work, the Commission is divided into six divisions:
- Utah Antidiscrimination & Labor Division (UALD): Administers fair employment, fair housing and wage laws.
- Industrial Accidents: Oversees Utah 's workers' compensation system.
- Utah Occupational Safety & Health Division (UOSH): Enforces occupational safety and health laws; provides education and assistance to employers.
- Division of Boiler and Elevator Safety: Inspects boilers, pressure vessels and elevators for safe design, construction and operation.
- Adjudication: Hears and decides disputes arising from UALD, UOSH and the workers compensation system.
- Administration: Establishes Commission policy, provides support to Commission staff, and decides appeals of ALJs' decisions.
Administrative Hearings and Decisions
Employers and employees look to the Labor Commission's Adjudication Division to resolve disputes involving workers' compensation, employment discrimination and occupational safety. The parties to these proceedings are entitled to receive a fair hearing and a prompt, correct decision.
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Data Source: Labor Commission
Why this is important:
As the number of Utah employers and employees increases, the number of employment-related disputes presented to the Labor Commission also increases. It is important that these disputes be heard and decided with a minimum of delay.
What we're doing about it:
In recent years, the Utah Legislature has authorized several new administrative law judges. As a result, the ALJs are hearing and deciding cases promptly. However, the increase in the number of ALJs has not been met with a corresponding increase in Commission staff necessary to handle appeals of the ALJs' decisions. Consequently, there is now an unacceptable delay in the appeals process. The Commission is requesting additional staff for this function and is reassigning duties among existing staff to provide more resources for resolving appeals.
Workplace Safety
Utah employers and employees play a vital role in achieving safe and healthful workplaces. Most workplace injuries and illnesses can be prevented. Employers and employees benefit from higher productivity, higher morale, lower insurance costs and other benefits of improved workplace safety.
Data Source: Labor Commission
Why this is important:
Workplace injuries and illnesses can have devastating consequences to Utah workers, their families, and their employers. Every accident or illness that is prevented improves Utah 's quality of life and its economic performance.
What we're doing about it:
UOSH is reaching out to employers and employees to establish partnerships for workplace safety. UOSH is also focusing its compliance efforts on industries and employers with unusually high accident rates.
Worker's Compensation Coverage and Mediation
The Industrial Accidents Division strives to ensure that employers obtain and maintain the workers' compensation insurance required by law, while also resolving disputed claims on a voluntary basis without the cost and expense of litigation.
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Data Source: Labor Commission
Why this is important:
Employers who ignore their duty to provide workers' compensation insurance coverage enjoy an unfair competitive advantage over their competitors who do provide insurance coverage. To maintain a level playing field, all employers should play by the same rules.
Additionally, workers' compensation benefits are intended to commence immediately after a worker is injured so that the injured worker to receive needed medical care and also provide the necessities of life for his or her family.What we're doing about it:
Compliance: The Division cooperates with other government agencies and uses various sources of information to identify employers who have failed to obtain workers' compensation insurance. The Division then uses statutory tools to insure these employers obtain the required coverage.
The Industrial Accidents Division uses mediation to quickly resolve workers' compensation disputes. In many cases, the parties are able to resolve their disagreements without the delay and expense of litigation.
Timely Inspection of Boilers and Elevators
Every day, we use elevators, escalators, boilers and pressure vessels. These devices are essential to modern life but can cause catastrophe if improperly designed, installed or maintained.
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Data Source: Labor Commission
Why this is important:
By insuring that boilers, pressure vessels and elevators meet national codes for design, and monitoring for proper installation and maintenance, the Boiler and Elevator Safety Division minimizes the risk of serious injury, not just to employees, but also to members of the public.
What we're doing about it:
The Safety Division adopts and enforces nationally accepted engineering codes to guard against defective boilers, pressure vessels, elevators or escalators. The Division has implemented web-based inspection reporting that allows inspectors to spend more time on actual inspections and less time on paperwork.
Employment Standards
The Utah Antidiscrimination and Labor Division enforces equal employment and housing opportunity laws, as well as Utah's laws regarding payment of wages and employment of minors.
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Data Source: Labor Commission
Why this is important:
Basis principles of fairness are reflected in Utah's laws prohibiting discrimination and requiring full payment of wages due. Workers are entitled to an equal opportunity to use their skills in the workplace, free from invidious discrimination. They are also entitled to receive the agreed-upon wages for their work.
What we're doing about it:
The Division investigates complaints and, where appropriate, applies statutory enforcement tools to where appropriate. The Division uses education, public outreach and training to prevent discrimination and wage-payment problems from occurring in the first place.