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Senate passes occupational-safety amendments after constitutional objections
Summary
The Utah Senate approved SB22 to implement a state OSHA plan, including magistrate-authorized inspection warrants, after a heated floor exchange over constitutional protections; the bill passed 15–12 and was sent to the House.
The Utah Senate approved an amendment to the state's occupational-safety law on Feb. 6, 1995, moving a proposal to allow administrative inspections under a magistrate-issued warrant to the House by a 15–12 margin.
Sponsor Senator Steiner said the bill establishes a state plan to implement and enforce occupational safety and health standards and sets procedures for administrative inspections “under the scrutiny of a magistrate,” which the sponsor described as a protection for business and workers alike. “I think it's protection to business because it requires that a warrant be issued by a magistrate,” Steiner said on the floor.
Senator Taylor opposed the measure on constitutional grounds, arguing that allowing administrative entities to obtain warrants based on a prepared plan could “infringe important constitutional rights.” “I can't buy off on the fact that the federal government says they're gonna come in and do the same thing if we don't allow it on a statewide basis,” Taylor said, announcing he would vote no.
Steiner and other supporters responded by citing judicial precedent. Steiner told colleagues a majority of the Supreme Court had approved similar mechanisms and said the procedure would keep enforcement in-state. “You have a unanimous Supreme Court saying that our rights are being protected by this procedure,” Steiner said.
After roll-call debate the Senate recorded 15 aye votes, 12 no votes and 2 senators absent and forwarded SB22 to the House for further consideration.
The next procedural step is House consideration; sponsors said the change is intended to align Utah's enforcement processes with federal expectations while preserving judicial oversight.
