R614-1-9. Retaliation

A. Section 34A-6-203 of the Utah OSH Act provides protection for employees who engage in protected activities under or related to the Utah OSH Act. B. Engagement in Protected Activity. To establish a violation of Section 34A-6-203, the employee's engagement in protected activity need not be the sole consideration behind discharge or other adverse action. If protected activity was a substantial reason for the action, or if the discharge or other adverse action would not have taken place "but for" engagement in protected activity, Section 34A-6-203 has been violated. C. Notification of Division's Findings. Within 90 days of receipt of a whistleblower complaint, the division is to issue to the complainant and the respondent an order of the division's findings of whether a violation has or has not occurred, in accordance with Subsection 34A-6-203(2)(c) of the Utah OSH Act. This 90-day provision is considered directory in nature whereas there may be instances when it is not possible to meet the directory period set forth in this rule. D. Memorandum Submission -- Length. A memorandum is a formal written document or other written communication that supports or opposes a party's position. Without prior approval of the division, supporting and opposing memoranda shall not exceed a total of 15 pages, and reply memorandum shall not exceed seven pages. The page limits exclude exhibits and attachments. Memoranda must be clearly legible and use a font size no smaller than 12-point. 1. The page limitations are inclusive of headings, table of contents, introduction, background, conclusion, statement of issues and facts, and arguments. 2. The division shall not consider anything contained on pages which exceed the page limits. 3. If a memorandum is to exceed the page limitations set forth in this rule, approval of the division must first be obtained. A request for approval must include a statement of the reasons why additional pages are needed and specify the number required. The division may approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such a showing by the requesting party, such requests will not be approved. 4. Other than one supporting memorandum, one opposing memorandum, and one reply memorandum, no other memoranda shall be considered by the division, unless exceptional circumstances exist as determined by and at the discretion of the division. E. Employee Refusal to Comply with Safety Rules. Employees who refuse to comply with occupational safety and health standards or valid safety rules implemented by the employer in furtherance of the Utah OSH Act are not exercising any rights given by the Utah OSH Act. Disciplinary measures taken by employers solely in response to employee refusal to comply with appropriate safety rules and regulations will not ordinarily be regarded as retaliatory action prohibited by Section 34A-6-203 of the Utah OSH Act.