34A-6-107 - Research and related activities.
34A-6-107. Research and related activities.
(1) (a) The division, after consultation with other appropriate agencies, shall conduct,directly or by grants or contracts, whether federal or otherwise, research, experiments, anddemonstrations in the area of occupational safety and health, including studies of psychologicalfactors involved in innovative methods, techniques, and approaches for dealing with occupationalsafety and health problems.
(b) (i) The division, to comply with its responsibilities under this section, and to developneeded information regarding toxic substances or harmful physical agents, may make rulesrequiring employers to measure, record, and make reports on the exposure of employees tosubstances or physical agents reasonably believed to endanger the health or safety of employees.
(ii) The division may establish programs for medical examinations and tests necessary fordetermining the incidence of occupational diseases and the susceptibility of employees to thediseases.
(iii) Nothing in this chapter authorizes or requires a medical examination, immunization,or treatment for persons who object on religious grounds, except when necessary for theprotection of the health or safety of others.
(iv) Any employer who is required to measure and record employee exposure tosubstances or physical agents as provided under Subsection (1)(b) may receive full or partialfinancial or other assistance to defray additional expense incurred by measuring and recording asprovided in this Subsection (1)(b).
(c) (i) Following a written request by any employer or authorized representative ofemployees, specifying with reasonable particularity the grounds on which the request is made, thedivision shall determine whether any substance normally found in a workplace has toxic effects inthe concentrations used or found, and shall submit its determination both to employers andaffected employees as soon as possible.
(ii) The division shall immediately take action necessary under Section 34A-6-202 or34A-6-305 if the division determines that:
(A) any substance is toxic at the concentrations used or found in a workplace; and
(B) the substance is not covered by an occupational safety or health standard promulgatedunder Section 34A-6-202.
(2) The division may inspect and question employers and employees as provided inSection 34A-6-301, to carry out its functions and responsibilities under this section.
(3) The division is authorized to enter into contracts, agreements, or other arrangementswith appropriate federal or state agencies, or private organizations to conduct studies about itsresponsibilities under this chapter. In carrying out its responsibilities under this subsection, thedivision shall cooperate with the Department of Health and the Department of EnvironmentalQuality to avoid any duplication of efforts under this section.
(4) Information obtained by the division under this section shall be disseminated toemployers and employees and organizations of them.
Renumbered and Amended by Chapter 375, 1997 General Session