2016 Utah Code
Title 67 - State Officers and Employees
Chapter 19 - Utah State Personnel Management Act
Section 44 - Abusive conduct.

Effective 7/1/2015
67-19-44. Abusive conduct.

• (1) As used in this section:
  • (a)
    • (i) "Abusive conduct" means verbal, nonverbal, or physical conduct of an employee to another employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine:
      • (A) is intended to cause intimidation, humiliation, or unwarranted distress;
      • (B) results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or
      • (C) exploits an employee's known physical or psychological disability.
    • (ii) A single act does not constitute abusive conduct, unless it is an especially severe and egregious act that meets the standard under Subsection (1)(a)(i)(A), (B), or (C).
  • (b) "Employee" means an employee of a state executive branch agency.
  • (c) "Physical harm" means the impairment of a person's physical health or bodily integrity, as established by competent evidence.
  • (d) "Psychological harm" means the impairment of a person's mental health, as established by competent evidence.

• (2) By July 1, 2015, the department shall make a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the definitions in Subsection (1).

• (3)
  • (a) On and after July 1, 2015, the department shall provide training to educate employees and supervisors about how to prevent abusive workplace conduct.
  • (b) The training shall include information on:
    • (i) what constitutes abusive conduct and the ramifications of abusive conduct;
    • (ii) resources available to employees who are subject to abusive conduct; and
    • (iii) the grievance process.

• (4)
  • (a) On and after July 1, 2015, each state agency shall provide professional development training approved by the department to promote:
    • (i) ethical conduct; and
    • (ii) organizational leadership practices based in principles of integrity.
  • (b) A state agency may request assistance from the department in developing training under this Subsection (4).

• (5) Employees shall participate in the training described in Subsections (3) and (4) in alternating years.

• (6) The department may use money appropriated to the department or access support from outside resources to:
  • (a) develop policies against workplace abusive conduct; and
  • (b) enhance professional development training on topics such as:
    • (i) building trust;
    • (ii) effective motivation;
    • (iii) communication;
    • (iv) conflict resolution;
    • (v) accountability;
    • (vi) coaching;
    • (vii) leadership; or
    • (viii) ethics.

• (7) This section does not:
  • (a) exempt or relieve a person from a liability, duty, or penalty provided by another federal or state law;
  • (b) create a private right of action;
  • (c) expand or diminish rights or remedies available to a person before July 1, 2015; or
  • (d) expand or diminish grounds for discipline that existed before July 1, 2015.

• (8) The department shall report to the Economic Development and Workforce Services Interim Committee by no later than the November 2015 interim meeting regarding:
  • (a) the implementation of this section;
  • (b) recommendations, if any, to appropriately address and reduce workplace abusive conduct or to change definitions or training required by this section; and
  • (c) if the department finds a change in a definition or training is needed, the department's efforts to work with stakeholders to make recommendations for change.

Enacted by Chapter 211, 2015 General Session