As used in this chapter:
(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:
- (a) discharge the person;
- (b) threaten the person;
- (c) coerce the person;
- (d) intimidate the person; or
(e) discriminate against the person, including to discriminate in:
- (i) compensation;
- (ii) terms;
- (iii) conditions;
- (iv) location;
- (v) rights;
- (vi) immunities;
- (vii) promotions; or
- (viii) privileges.
(2) "Coal mine" means:
(a) the following used in extracting coal from its natural deposits in the earth by any means or method:
- (i) the land;
- (ii) a structure;
- (iii) a facility;
- (iv) machinery;
- (v) a tool;
- (vi) equipment;
- (vii) a shaft;
- (viii) a slope;
- (ix) a tunnel;
- (x) an excavation; and
- (xi) other property; and
- (b) the work of preparing extracted coal, including a coal preparation facility.
- (3) "Commission" means the Labor Commission created in Section 34A-1-103.
- (4) "Commissioner" means the commissioner appointed under Section 34A-1-201.
- (5) "Council" means the Mine Safety Technical Advisory Council created in Section 40-2-203.
- (6) "Director" means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202.
(7) "Major coal mine accident" means any of the following at a coal mine located in Utah:
- (a) a mine explosion;
- (b) a mine fire;
- (c) the flooding of a mine;
- (d) a mine collapse; or
- (e) the accidental death of an individual at a mine.
- (8) "Mine Safety and Health Administration" means the federal Mine Safety and Health Administration within the United States Department of Labor.
- (9) "Office" means the Utah Office of Coal Mine Safety created in Section 40-2-201.
- (10) "Panel" means the Coal Miner Certification Panel created in Section 40-2-204.
- (11) "Unsafe condition" means a danger that reasonably could be expected to cause serious harm to a person or property.
Enacted by Chapter 113, 2008 General Session