1. (1) "Adverse action" means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:

   1. (a) discharge the person;
   2. (b) threaten the person;
   3. (c) coerce the person;
   4. (d) intimidate the person; or

   5. (e) discriminate against the person, including to discriminate in:

      1. (i) compensation;
      2. (ii) terms;
      3. (iii) conditions;
      4. (iv) location;
      5. (v) rights;
      6. (vi) immunities;
      7. (vii) promotions; or
      8. (viii) privileges.

2. (2) "Coal mine" means:

   1. (a) the following used in extracting coal from its natural deposits in the earth by any means or method:

      1. (i) the land;
      2. (ii) a structure;
      3. (iii) a facility;
      4. (iv) machinery;
      5. (v) a tool;
      6. (vi) equipment;
      7. (vii) a shaft;
      8. (viii) a slope;
      9. (ix) a tunnel;
      10. (x) an excavation; and
      11. (xi) other property; and
   2. (b) the work of preparing extracted coal, including a coal preparation facility.
3. (3) "Commission" means the Labor Commission created in 34A-1-103.
4. (4) "Commissioner" means the commissioner appointed under 34A-1-201.
5. (5) "Council" means the Mine Safety Technical Advisory Council created in 40-2-203.
6. (6) "Director" means the Director of the Utah Office of Coal Mine Safety appointed under 40-2-202.

7. (7) "Major coal mine accident" means any of the following (but not limited too) at a coal mine located in Utah:

   1. (a) a mine explosion;
   2. (b) a mine fire;
   3. (c) the flooding of a mine;
   4. (d) a mine collapse; or
   5. (e) the accidental death of an individual at a mine.
8. (8) "Mine Safety and Health Administration" and "MSHA" means the federal Mine Safety and Health Administration within the United States Department of Labor.
9. (9) "Office" means the Utah Office of Coal Mine Safety created in 40-2-201.
10. (10) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.

As used in this rule, the terms listed below shall have the same definition as set forth in the Coal Mine Safety Act, as follows.

KEY: coal mines, safety

Date of Last Change: March 11, 2010

Notice of Continuation: August 20, 2024

Authorizing, and Implemented or Interpreted Law: 40-2-104; 40-2-301(2)