67-26 - Utah Public Employees Healthy Workplace Act
Title 67 > 67-26
Sections (6)
General Provisions
67-26-102 - Definitions.
As used in this chapter:
(1) “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:is intended to cause intimidation, humiliation, or unwarranted distress;results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; orexploits an employee’s known physical or psychological disability.”Abusive conduct” does not mean a single act unless the act is an especially severe and egregious act that meets the standard described in Subsection (1)(a)(i), (ii), or (iii).
(2) “Abusive conduct complaint process” means the process described in Section 67-26-202.
(3) “Administrative review process” means a process that allows an employee, in relation to the findings of an abusive conduct investigation, to seek an administrative review that: an employer conducts in accordance with Section 67-26-202; orin relation to a state executive branch agency, the Career Service Review Office conducts in accordance with Section 67-19a-501.
(4) “Division” means the Division of Human Resource Management.
(5) “Employee” means an employee of an employer.”Employee” includes an elected or appointed official of an employer.
(6) “Employer” means: a state executive branch agency; oran independent entity, as defined in Section 63E-1-102.
(7) “Office” means the Career Service Review Office created under Section 67-19a-201.
(8) “Physical harm” means the impairment of an individual’s physical health or bodily integrity, as established by competent evidence.
(9) “Psychological harm” means the impairment of an individual’s mental health, as established by competent evidence.
(10) “State executive branch agency” means a department, division, office, bureau, or other organization within the state executive branch.”State executive branch agency” includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general.”State executive branch agency” does not include the Utah System of Higher Education or an independent entity, as defined in Section 63E-1-102.
Amended by Chapter 344, 2021 General Session
67-26-103 - Effect of chapter.
This chapter does not:
(1) exempt or relieve a person from a liability, duty, or penalty provided by another federal or state law;
(2) create a private right of action;
(3) expand or diminish rights or remedies available to a person before July 1, 2020; or
(4) expand or diminish grounds for discipline that existed before July 1, 2020.
Enacted by Chapter 155, 2020 General Session
Abusive Conduct
67-26-201 - State policy on abusive conduct.
It is the policy of the state to provide and maintain a work environment free from abusive conduct.
Enacted by Chapter 155, 2020 General Session
67-26-202 - Abusive conduct complaint, investigation, administrative review process.
(1) An employee may file a written complaint of abusive conduct with the human resources department of the employee’s employer if the complaint is against an employee of the same employer as the employee filing the complaint.
(2) If an employee files a written complaint of abusive conduct under Subsection (1), the human resources department of the employee’s employer shall conduct an abusive conduct investigation.
(3) Each employer that is not a state executive branch agency:shall provide the employer’s employees a process for: filing an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint; andan administrative review of the findings of an abusive conduct investigation described in Subsection (2) that is substantially similar to the administrative review process described in Section 67-19a-501; andmay request assistance from the division, at the division’s current consultant rate, or the office, at a reasonable rate established by the office, in developing a process described in this Subsection (3)(a).The division shall provide a process for an employee of a state executive branch agency to file an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint.
(4) The complaint described in Subsection (1) and a subsequent abusive conduct investigation are subject to: in relation to an employer other than a state executive branch agency, the administrative review process described in Subsection (3)(a); andin relation to a state executive branch agency, the office’s administrative review process described in Section 67-19a-501.
Amended by Chapter 344, 2021 General Session
67-26-203 - Abusive conduct — Training — Policy.
(1) As used in this section: “Abusive conduct” means verbal, nonverbal, or physical conduct of a covered employee to another covered employee of the same covered employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:is intended to cause intimidation, humiliation, or unwarranted distress;results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; orexploits a covered employee’s known physical or psychological disability.”Covered employee” means:for the judicial branch, a judge or an employee of the judicial branch; orfor a higher education entity, each governing member and each employee of the higher education entity.”Covered employer” means:the judicial branch; ora higher education entity.”Higher education entity” means an entity within the Utah System of Higher Education, including each member institution, the Utah Board of Higher Education, and the office of commissioner of higher education.
(2) The judicial branch shall, beginning on January 1, 2021: provide annual training to all covered employees on abusive conduct in the workplace; andimplement a policy prohibiting, and for reporting and resolving, abusive conduct within the judicial branch.
(3) Each higher education entity shall, beginning on January 1, 2021: provide annual training to all covered employees on abusive conduct in the workplace; andimplement a policy prohibiting, and for reporting and resolving, abusive conduct within the higher education entity.
(4) The judicial branch and each higher education entity shall, before May 1, 2021, submit to the Government Operations Interim Committee a copy of the policies described in Subsections (2)(b) and (3)(b).
Enacted by Chapter 155, 2020 General Session
Training and Reporting
67-26-301 - Abusive conduct training.
(1) The division shall provide biennial training to educate all state executive branch agency employees and supervisors about how to prevent abusive workplace conduct.The training described in Subsection (1)(a) shall include information on:what constitutes abusive conduct and the ramifications of abusive conduct;resources available to employees who are subject to abusive conduct; andthe abusive conduct complaint process described in Section 67-26-202.
(2) 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.The baseline training module described in Subsection (2)(a) shall include information on what constitutes abusive conduct and the ramifications of abusive conduct.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:resources available to employees who are subject to abusive conduct; andthe employer’s abusive conduct complaint process described in Section 67-26-202.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) Each employer shall provide professional development training to promote:ethical conduct;organizational leadership practices based in principles of integrity; andthe state policy described in Section 67-26-201.An employer may request assistance from the division, at the division’s current consultation rate, in developing training described in this Subsection (3).
(4) Employers shall provide and employees shall participate in the training described in this section:at the time the employee is hired or within a reasonable time after the employee begins employment; andat least every other year after the employee begins employment.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: develop policies against workplace abusive conduct; andenhance professional development training on topics such as:building trust;effective motivation;communication;conflict resolution;accountability;coaching;leadership; orethics.
(6) 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:the employer’s implementation of this chapter, including the requirement to provide a process under Section 67-26-202; andthe total number and outcomes of abusive conduct complaints that the employer’s employees filed and that the employer investigated or reviewed.The division shall annually report to the Economic Development and Workforce Services Interim Committee, no later than the November interim meeting, the following:a description the division’s implementation of this chapter;the division’s recommendations, if any, to: appropriately address and reduce workplace abusive conduct; orchange definitions or training required by this section;an annual report of the total number and outcomes of abusive conduct complaints that employees filed and the department investigated; anda summary of the reports the department receives under Subsection (6)(a).
Amended by Chapter 344, 2021 General Session