§ 34A-2-202.5 — Offset for occupational health and safety related donations.

Utah § 34A-2-202.5

• Jurisdiction: Utah
• Title 34A: Utah Labor Code
• Ch. 34A-2: Workers' Compensation Act
• Part 34A-2-2: Securing Workers' Compensation Benefits for Employees

Text

(1) As used in this section:
(1)(a) "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title 53H, Chapter 5, Part 2, Rocky Mountain Center for Occupational and Environmental Health.
(1)(b) "Qualified donation" means a donation that is:
(1)(b)(i) cash;
(1)(b)(ii) given directly to an occupational health and safety center; and
(1)(b)(iii) given exclusively for the purpose of:
(1)(b)(iii)(A) supporting graduate level education and training in fields of:
(1)(b)(iii)(A)(I) safety and ergonomics;
(1)(b)(iii)(A)(II) industrial hygiene;
(1)(b)(iii)(A)(III) occupational health nursing;
(1)(b)(iii)(A)(IV) occupational injury prevention; and
(1)(b)(iii)(A)(V) occupational medicine;
(1)(b)(iii)(B) providing continuing education programs for employers designed to promote workplace safety; and
(1)(b)(iii)(C) paying reasonable administrative, personnel, equipment, and overhead costs of the occupational health and safety center.
(1)(c) "Self-insured employer" is a self-insured employer as defined in Section 34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
(2) (2)(a) A self-insured employer may offset against the assessment imposed under Section 34A-2-202 an amount equal to the lesser of:
(2)(a)(i) the total of qualified donations made by the self-insured employer in the calendar year for which the assessment is calculated; and
(2)(a)(ii) .20% of the self-insured employer's total calculated premium calculated under Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
(2)(b) The offset provided under this Subsection (2) shall be allocated in proportion to the percentages provided in Subsection 59-9-101(2)(c).
(3) An occupational health and safety center shall:
(3)(a) provide a self-insured employer a receipt for any qualified donation made by the self-insured employer to the occupational health and safety center; and
(3)(b) expend money received by a qualified donation:
(3)(b)(i) for the purposes described in Subsection (1)(b)(iii); and
(3)(b)(ii) in a manner that can be audited to ensure that the money is expended for the purposes described in Subsection (1)(b)(iii).

Legislative History

Amended by Chapter 9, 2025 Special Session 1