Definitions.

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  • (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.




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