§ 34A-2-301 — Places of employment to be safe -- Willful neglect -- Penalty.

(1) An employer may not:

(1)(a) construct, occupy, or maintain any place of employment that is not safe;
(1)(b) require or knowingly permit any employee to be in any employment or place of employment that is not safe;
(1)(c) fail to provide and use safety devices and safeguards;
(1)(d) remove, disable, or bypass safety devices and safeguards;
(1)(e) fail to obey orders of the commission;
(1)(f) fail to obey rules of the commission;
(1)(g) fail to adopt and use methods and processes reasonably adequate to render the employment and place of employment safe; or
(1)(h) fail or neglect to do every other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
(2) Compensation as provided in this chapter shall be increased 15%, except in case of injury resulting in death, when injury is caused by the willful failure of an employer to comply with:

(2)(a) the law;
(2)(b) a rule of the commission;
(2)(c) any lawful order of the commission; or
(2)(d) the employer's own written workplace safety program.

Legislative History

Amended by Chapter 131, 2003 General Session