No. 40391 (Amendment): Rule R477-8. Working Conditions  

  • (Amendment)

    DAR File No.: 40391
    Filed: 05/02/2016 01:57:34 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    The purpose of this amendment is to clarify the rule regarding working conditions.

    Summary of the rule or change:

    This amendment updates language relating to reasonable accommodation in Subsection R477-8-15(1).

    State statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    These changes are administrative and do not directly impact state budgets.

    local governments:

    This rule only affects the executive branch of state government and will have no impact on local government.

    small businesses:

    This rule only affects the executive branch of state government and will have no impact on small businesses.

    persons other than small businesses, businesses, or local governmental entities:

    This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees.

    Compliance costs for affected persons:

    There is no direct compliance cost for these amendments. This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees.

    Comments by the department head on the fiscal impact the rule may have on businesses:

    Rules published by the Department of Human Resource Management (DHRM) have no direct affect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the "Utah Personnel Management Act", Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect affect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no affect on business.

    Debbie Cragun, Executive Director

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Human Resource Management
    Administration
    Room 2120 STATE OFFICE BLDG
    450 N MAIN ST
    SALT LAKE CITY, UT 84114-1201

    Direct questions regarding this rule to:

    Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

    06/15/2016

    Interested persons may attend a public hearing regarding this rule:

    • 05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt Lake City, UT

    This rule may become effective on:

    07/01/2016

    Authorized by:

    Debbie Cragun, Executive Director

    RULE TEXT

    R477. Human Resource Management, Administration.

    R477-8. Working Conditions.

    R477-8-11. Stand-by Time.

    (1) An employee restricted to stand-by at a specified location ready for work shall be paid full-time or overtime, as appropriate. An employee shall be paid for stand-by time if required to stand by the post ready for duty, even during lunch periods, equipment breakdowns, or other temporary work shutdowns.

    (2) The meal periods of [guards, ]police, and other public safety or correctional officers and firefighters who are on duty more than 24 consecutive hours shall be counted as working time, unless an express agreement excludes the time.

     

    R477-8-15. Reasonable Accommodation.

    Employees and applicants seeking reasonable accommodation shall be evaluated under [the criteria of the Americans with Disabilities Act Amendments Act of 2008 (42 U.S.C.A. 12101)]state and federal law. This shall be done in conjunction with the agency ADA coordinator. The ADA coordinator shall consult with the Division of Risk management prior to denying any accommodation request.

     

    KEY: breaks, telecommuting, overtime, dual employment

    Date of Enactment or Last Substantive Amendment: [July 1, 2015]2016

    Notice of Continuation: February 2, 2012

    Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-6.7; 20A-3-103

     


Document Information

Hearing Meeting:
05/24/2016 10:00 AM, Senate Building, 420 N State Street, Aspen Room, Salt Lake City, UT
Effective Date:
7/1/2016
Publication Date:
05/15/2016
Type:
Notices of Proposed Rules
Filed Date:
05/02/2016
Agencies:
Human Resource Management, Administration
Rulemaking Authority:

Section 67-19-6

Section 34A-5-106

Authorized By:
Debbie Cragun, Executive Director
DAR File No.:
40391
Summary:

This amendment updates language relating to reasonable accommodation in Subsection R477-8-15(1).

CodeNo:
R477-8
CodeName:
{33379|R477-8|R477-8. Working Conditions}
Link Address:
Human Resource ManagementAdministrationRoom 2120 STATE OFFICE BLDG450 N MAIN STSALT LAKE CITY, UT 84114-1201
Link Way:

Greg Hargis, by phone at 801-891-5680, by FAX at , or by Internet E-mail at ghargis@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). ...
Related Chapter/Rule NO.: (1)
R477-8. Working Conditions.