(1) As used in this section: (a) (i) "Abusive conduct" means verbal, nonverbal, or physical conduct of an employee to another employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine: (A) is intended to cause intimidation, humiliation, or unwarranted distress; (B) results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or (C) exploits an employee's known physical or psychological disability. (ii) A single act does not constitute abusive conduct, unless it is an especially severe and egregious act that meets the standard under Subsection (1)(a)(i)(A), (B), or (C). (b) "Employee" means an employee of a state executive branch agency. (c) "Physical harm" means the impairment of a person's physical health or bodily integrity, as established by competent evidence. (d) "Psychological harm" means the impairment of a person's mental health, as established by competent evidence.

(a) (i) "Abusive conduct" means verbal, nonverbal, or physical conduct of an employee to another employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine: (A) is intended to cause intimidation, humiliation, or unwarranted distress; (B) results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or (C) exploits an employee's known physical or psychological disability. (ii) A single act does not constitute abusive conduct, unless it is an especially severe and egregious act that meets the standard under Subsection (1)(a)(i)(A), (B), or (C).

(i) "Abusive conduct" means verbal, nonverbal, or physical conduct of an employee to another employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine: (A) is intended to cause intimidation, humiliation, or unwarranted distress; (B) results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or (C) exploits an employee's known physical or psychological disability.

(A) is intended to cause intimidation, humiliation, or unwarranted distress;

(B) results in substantial physical or psychological harm as a result of intimidation, humiliation, or unwarranted distress; or

(C) exploits an employee's known physical or psychological disability.

(ii) A single act does not constitute abusive conduct, unless it is an especially severe and egregious act that meets the standard under Subsection (1)(a)(i)(A), (B), or (C).

(b) "Employee" means an employee of a state executive branch agency.

(c) "Physical harm" means the impairment of a person's physical health or bodily integrity, as established by competent evidence.

(d) "Psychological harm" means the impairment of a person's mental health, as established by competent evidence.

(2) It is the policy of the state of Utah to provide and maintain a work environment free from abusive conduct.

(3) An employee may file a written complaint of abusive conduct with the department and subject to further administrative review in accordance with Section 67-19a-501.

(4) By July 1, 2019, the department shall amend the department's rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the definitions in Subsection (1) and Title 67, Chapter 19a, Grievance Procedures.

(5) (a) The department shall provide biennial training to educate employees and supervisors about how to prevent abusive workplace conduct. (b) The training shall include information on: (i) what constitutes abusive conduct and the ramifications of abusive conduct; (ii) resources available to employees who are subject to abusive conduct; and (iii) the grievance process.

(a) The department shall provide biennial training to educate employees and supervisors about how to prevent abusive workplace conduct.

(b) The training shall include information on: (i) what constitutes abusive conduct and the ramifications of abusive conduct; (ii) resources available to employees who are subject to abusive conduct; and (iii) the grievance process.

(i) what constitutes abusive conduct and the ramifications of abusive conduct;

(ii) resources available to employees who are subject to abusive conduct; and

(iii) the grievance process.

(6) (a) Each state agency shall provide professional development training approved by the department to promote: (i) ethical conduct; (ii) organizational leadership practices based in principles of integrity; and (iii) the state policy described in Subsection (2). (b) A state agency may request assistance from the department in developing training under this Subsection (6).

(a) Each state agency shall provide professional development training approved by the department to promote: (i) ethical conduct; (ii) organizational leadership practices based in principles of integrity; and (iii) the state policy described in Subsection (2).

(i) ethical conduct;

(ii) organizational leadership practices based in principles of integrity; and

(iii) the state policy described in Subsection (2).

(b) A state agency may request assistance from the department in developing training under this Subsection (6).

(7) (a) Employers shall provide and employees shall participate in the training described in Subsections (5) and (6) at the time the employee is hired or within a reasonable time after the employee commences employment and in alternating years thereafter. (b) The requirement in Subsection (7)(a) includes notification to all employees at the time of hiring or within a reasonable time after the employee commences employment and in alternating years thereafter of the abusive conduct complaint procedures and the grievance procedures provided in Title 67, Chapter 19a, Grievance Procedures.

(a) Employers shall provide and employees shall participate in the training described in Subsections (5) and (6) at the time the employee is hired or within a reasonable time after the employee commences employment and in alternating years thereafter.

(b) The requirement in Subsection (7)(a) includes notification to all employees at the time of hiring or within a reasonable time after the employee commences employment and in alternating years thereafter of the abusive conduct complaint procedures and the grievance procedures provided in Title 67, Chapter 19a, Grievance Procedures.

(8) The department may use money appropriated to the department or access support from outside resources to: (a) develop policies against workplace abusive conduct; and (b) enhance professional development training on topics such as: (i) building trust; (ii) effective motivation; (iii) communication; (iv) conflict resolution; (v) accountability; (vi) coaching; (vii) leadership; or (viii) ethics.

(a) develop policies against workplace abusive conduct; and

(b) enhance professional development training on topics such as: (i) building trust; (ii) effective motivation; (iii) communication; (iv) conflict resolution; (v) accountability; (vi) coaching; (vii) leadership; or (viii) ethics.

(i) building trust;

(ii) effective motivation;

(iii) communication;

(iv) conflict resolution;

(v) accountability;

(vi) coaching;

(vii) leadership; or

(viii) ethics.

(9) This section does not: (a) exempt or relieve a person from a liability, duty, or penalty provided by another federal or state law; (b) create a private right of action; (c) expand or diminish rights or remedies available to a person before July 1, 2015; or (d) expand or diminish grounds for discipline that existed before July 1, 2015.

(a) exempt or relieve a person from a liability, duty, or penalty provided by another federal or state law;

(b) create a private right of action;

(c) expand or diminish rights or remedies available to a person before July 1, 2015; or

(d) expand or diminish grounds for discipline that existed before July 1, 2015.

(10) The department shall annually report to the Economic Development and Workforce Services Interim Committee by no later than the November interim meeting regarding: (a) the implementation of this section; (b) recommendations, if any, to appropriately address and reduce workplace abusive conduct or to change definitions or training required by this section; and (c) an annual report of the total number and outcomes of abusive conduct complaints that employees filed and the department investigated.

(a) the implementation of this section;

(b) recommendations, if any, to appropriately address and reduce workplace abusive conduct or to change definitions or training required by this section; and

(c) an annual report of the total number and outcomes of abusive conduct complaints that employees filed and the department investigated.