34A-2-202.5. Offset for occupational health and safety related donations.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

(1)As used in this section:

(a)"Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title 53H, Chapter 5, Part 2 , Rocky Mountain Center for Occupational and Environmental Health.

(b)"Qualified donation" means a donation that is:

(i)cash;

(ii)given directly to an occupational health and safety center; and

(iii)given exclusively for the purpose of:

(A)supporting graduate level education and training in fields of:

(I)safety and ergonomics;

(II)industrial hygiene;

(III)occupational health nursing;

(IV)occupational injury prevention; and

(V)occupational medicine;

(B)providing continuing education programs for employers designed to promote workplace safety; and

(C)paying reasonable administrative, personnel, equipment, and overhead costs of the occupational health and safety center.

(c)"Self-insured employer" is a self-insured employer as defined in Section 34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202 .

(a)A self-insured employer may offset against the assessment imposed under Section 34A-2-202 an amount equal to the lesser of:

(i)the total of qualified donations made by the self-insured employer in the calendar year for which the assessment is calculated; and

(ii).20% of the self-insured employer's total calculated premium calculated under Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.

(b)The offset provided under this Subsection

(2)shall be allocated in proportion to the percentages provided in Subsection 59-9-101(2)(c) .

(3)An occupational health and safety center shall:

(a)provide a self-insured employer a receipt for any qualified donation made by the self-insured employer to the occupational health and safety center; and

(b)expend money received by a qualified donation:

(i)for the purposes described in Subsection (1)(b)(iii) ; and

(ii)in a manner that can be audited to ensure that the money is expended for the purposes described in Subsection (1)(b)(iii) .

Amended by Chapter 9 , 2025 Special Session 1