Utah Employers May Obtain Workplace Protective Orders

Utah has enacted legislation (House Bill 324), which provides an additional way for employers to help maintain a safe working environment. House Bill 324 takes effect on July 1, 2023.

The Details

Under House Bill 324, a business that employs an individual in Utah, or an authorized agent of the employer, may petition for a workplace violence protective order if they reasonably believe workplace violence has occurred against them or an employee.

By way of background, the federal Occupational Safety and Health Act (OSHA) and the Utah OSHA require covered employers to provide a safe workplace, free from recognized hazards that cause or are likely to cause death or serious physical harm to employees.

Under the federal OSHA, employers must take reasonable steps to prevent or abate a recognized violence hazard (an act or threat of physical violence, harassment, intimidation, or other threatening or disruptive behavior that occurs at a worksite), which includes verbal threats and physical acts and can involve employees, customers, vendors or visitors.

House Bill 324 defines workplace violence as:

• Knowingly causing or threatening to cause bodily injury to, or significant damage to the property of an employer or employee performing their duties as an employee; and
• The action or threat would cause a reasonable person to feel terrorized, frightened, intimidated or harassed (and in cases of a threat, that the threat will be carried out).

Employer Requirements

The law adds a new method of protecting employees, by allowing an employer to petition for a workplace violence protective order if the employer has knowledge that a specific individual is the target of workplace violence. The employer must make a good-faith effort to notify the individual that a workplace violence protective order is being sought.

Protective Order Protections

A workplace violence protective order may require an individual to:

• Cease committing workplace violence or threatening the employer or employee while the employee is performing their duties; and
• Stay away from the workplace.

Note: A protective order must be narrowly tailored to the location where an action or threat caused bodily injury, or significant damage, to the property of an employer or employee.

The law does not prohibit an individual from engaging in protected exercise of free speech under the law and engaging in an activity that is part of a labor dispute.

Employer Protections

House Bill 324 protects employers from civil liabilities if the employer seeks a workplace violence protective order in good faith or fails to seek a workplace violence protective order.

Next Steps

• Review communication policies and practices on workplace violence mitigation.
• See the text of the law for details on court actions and orders filed on behalf of a party.
• Refer to legal counsel with further inquiries.

Please contact your dedicated service professional with any questions.