Utah Code » Title 34A, Chapter 2 — Workers' Compensation Act; part 34A-2-3 — Protection of Life, Health, and Safety
Utah Code

Utah Code § 34A-2-301 (2026)

Places of employment to be safe -- Willful neglect -- Penalty

✓ current as of May 2026
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An employer may not:
construct, occupy, or maintain any place of employment that is not safe;
require or knowingly permit any employee to be in any employment or place of employment that is not safe;
fail to provide and use safety devices and safeguards;
remove, disable, or bypass safety devices and safeguards;
fail to obey orders of the commission;
fail to obey rules of the commission;
fail to adopt and use methods and processes reasonably adequate to render the employment and place of employment safe; or
fail or neglect to do every other thing reasonably necessary to protect the life, health, and safety of the employer's employees.
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:
the law;
a rule of the commission;
any lawful order of the commission; or
the employer's own written workplace safety program.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2002–2021 · leading case: Christiansen v. Harrison W., 2021 UT 65 (Utah 2021).
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Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). · cites it 10× “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
Cook v. Zions First Nat'l Bank, 2002 UT 105 (Utah 2002). · cites it 4× “See Utah Code Ann. § 34A-2-301(2)(d) (indicating injuries from unsafe work environment fall under the UWCA even when employer willfully fails to follow own workplace safety program).”
Barron v. Labor Comm'n, 2012 UT App 80 (Utah Ct. App. 2012). · cites it 2× “§ 84A-2-301(8)(b)(i) (2011). One way for an employer to meet its burden of proving that the employee's drug use was the major contributing cause of his injury is with a positive drug test.”
Rojas v. Labor Comm'n, 2017 UT App 206 (Utah Ct. App. 2017). · cites it 11× “¶13 The parties agree that the term “willful failure” has the same meaning'in both sections 34A-2-301 and -302. As a result, although Van Waters involved alleged willful failure on the part of an employee, it is equally instructive in the context of the present casé involving…”
— Utah Code § 34A-2-301(1) — 1 case
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
— Utah Code § 34A-2-301(1)(b) — 1 case
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
— Utah Code § 34A-2-301(1)(c) — 1 case
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
— Utah Code § 34A-2-301(2) — 2 cases
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
Rojas v. Labor Comm'n, 2017 UT App 206 (Utah Ct. App. 2017). “¶13 The parties agree that the term “willful failure” has the same meaning'in both sections 34A-2-301 and -302. As a result, although Van Waters involved alleged willful failure on the part of an employee, it is equally instructive in the context of the present casé involving…”
— Utah Code § 34A-2-301(2)(a) — 1 case
Christiansen v. Harrison W., 2021 UT 65 (Utah 2021). “48 ¶30 In fact, Harrison Western‘s alleged conduct seems akin to ―willful failure‖ explicitly addressed by section 34A-2-301 of the Act. That section penalizes employers for ―requir[ing] or knowingly permit[ting]‖ employees to work in an unsafe work environment or for failing…”
— Utah Code § 34A-2-301(2)(d) — 1 case
Cook v. Zions First Nat'l Bank, 2002 UT 105 (Utah 2002). “See Utah Code Ann. § 34A-2-301(2)(d) (indicating injuries from unsafe work environment fall under the UWCA even when employer willfully fails to follow own workplace safety program).”
— Utah Code § 34A-2-301(8)(b) — 1 case
Barron v. Labor Comm'n, 2012 UT App 80 (Utah Ct. App. 2012). “§ 84A-2-301(8)(b)(i) (2011). One way for an employer to meet its burden of proving that the employee's drug use was the major contributing cause of his injury is with a positive drug test.”
— Utah Code § 34A-2-301(l)(d) — 1 case
Rojas v. Labor Comm'n, 2017 UT App 206 (Utah Ct. App. 2017). “¶13 The parties agree that the term “willful failure” has the same meaning'in both sections 34A-2-301 and -302. As a result, although Van Waters involved alleged willful failure on the part of an employee, it is equally instructive in the context of the present casé involving…”
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