reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-5.4. - Contractor’s permit fees.

§ 28-18-5.4. Contractor’s permit fees.
An annual fee of one hundred twenty dollars ($120) shall be paid to the director of labor and training for a contractor’s permit. The proceeds derived under the provisions of this chapter shall be deposited as general revenues.
History of Section.
P.L. 1979, ch. 284, § 1; P.L. 1992, ch. 133, art. 31, § 1; P.L. 1995, ch. 370, art. 40, § 90; P.L. 2002, ch. 65, art. 13, § 6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-6. - Rules and regulations.

§ 28-18-6. Rules and regulations.
The director of labor and training shall issue rules and regulations designed to control and regulate industrial homework where it is permitted, and to carry out the provisions of this chapter.
History of Section.
P.L. 1936, ch. 2328, § 3; G.L. 1938, ch. 293, § 3; G.L. 1956, § 28-18-6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-7. - Investigations and inspections — Communicable diseases.

§ 28-18-7. Investigations and inspections — Communicable diseases.
The director of labor and training shall enforce and administer the provisions of this chapter and the director or his or her authorized representative is directed to investigate and gather data regarding wages, hours, and working conditions in the homework industry in this state and is empowered to enter and inspect those places and records and investigate those matters as he or she deems appropriate to aid in the enforcement of this chapter. The director of labor and training shall inspect every home in which industrial homework is permitted and the materials issued to the industrial homeworker. If the inspection discloses that the home is not clean, the director of labor and training shall order the tenant to immediately clean it. If the inspection discloses that the home is in an unsanitary condition, or that there is an infectious or communicable disease, he or she shall immediately notify the state department of health and the local public health officials. The director of labor and training shall report to each local health officer the names and addresses of all industrial homeworkers in his or her city or town, and the local health officer shall notify the director of labor and training within twenty-four (24) hours of any cases of communicable or infectious disease in the industrial homeworkers’ homes. The director of labor and training shall order employers to suspend the distribution of homework to those homes until further notice.
History of Section.
P.L. 1936, ch. 2328, § 3; G.L. 1938, ch. 293, § 3; P.L. 1948, ch. 2110, § 3; G.L. 1956, § 28-18-7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-8. - Removal of material processed in unauthorized homework.

§ 28-18-8. Removal of material processed in unauthorized homework.
The director of labor and training, or his or her authorized representative, may remove any material or article that is being processed in a home in violation of any provision of this chapter and may retain it until claimed by the employer. If the material or article is labeled as required by § 28-18-15, the director of labor and training shall by registered or certified mail give notice of the removal to the person whose name and address is affixed to the article as provided by § 28-18-15. Unless the article or material removed is claimed within thirty (30) days thereafter, it may be destroyed or otherwise disposed of; provided, that where the material or article is not so labeled the director may also destroy or otherwise dispose of the material or article after thirty (30) days if no claim is made for it within that period.
History of Section.
G.L. 1938, ch. 293, § 3; P.L. 1948, ch. 2110, § 4; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-18-8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-9. - Subpoena powers.

§ 28-18-9. Subpoena powers.
In the administration of this chapter the director or his or her authorized representative shall have the power to administer oaths; take affidavits and the depositions of witnesses; and issue subpoenas for and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, testimony, and other evidence of whatever description.
History of Section.
G.L. 1938, ch. 293, § 3; P.L. 1948, ch. 2110, § 4; G.L. 1956, § 28-18-9.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-10. - Reports of homework done — Employee’s certificate required.

§ 28-18-10. Reports of homework done — Employee’s certificate required.
No employer shall deliver, or cause to be delivered or received, any articles for, or as a result of, homework processing, unless he or she keeps in any form and forward to the director of labor and training at the intervals that the director may by regulation prescribe on any blanks that he or she may provide, a complete and accurate list of all:
(1)
Persons engaged in industrial homework of materials furnished and distributed by that employer;
(2)
Places where industrial homeworkers work;
(3)
Materials furnished and distributed to industrial homeworkers;
(4)
Goods that those industrial workers have processed; and
(5)
Rates of wage paid to each of those industrial homeworkers.
No employer shall deliver, or cause to be delivered or received, any articles for or as the result of, homework processing to any person who has not obtained a certificate from the director of labor and training permitting industrial homework to be done by him or her.
History of Section.
P.L. 1936, ch. 2328, § 4; G.L. 1938, ch. 293, § 4; P.L. 1945, ch. 1608, § 2; G.L. 1956, § 28-18-10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-11. - Child labor — Subcontracting — Time allowed for work.

§ 28-18-11. Child labor — Subcontracting — Time allowed for work.
No child under sixteen (16) years of age shall be gainfully employed or otherwise in industrial homework. No industrial homework shall be processed except by a person to whom a certificate has been issued, and no person shall redistribute homework on a subcontractual basis. The employer shall allow the industrial homeworker sufficient time to process the entire amount of homework distributed to him or her in order that the homework may be completed without assistance from other persons and in accordance with the laws of this state limiting the hours of work.
History of Section.
P.L. 1936, ch. 2328, § 4; G.L. 1938, ch. 293, § 4; P.L. 1948, ch. 2110, § 5; G.L. 1956, § 28-18-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-12. - Homeworker’s certificate required.

§ 28-18-12. Homeworker’s certificate required.
No person shall do industrial homework unless his or her name is on a homeworker’s certificate issued by the director of labor and training and permitting industrial homework to be done by him or her in the residence and at the address named in the certificate. The certificate shall be shown on demand of the director of labor and training or any of his or her duly authorized agents.
History of Section.
P.L. 1936, ch. 2328, § 4; G.L. 1938, ch. 293, § 4; P.L. 1948, ch. 2110, § 5; G.L. 1956, § 28-18-12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-13. - Costs of delivery or return of work.

§ 28-18-13. Costs of delivery or return of work.
Any cost of obtaining or returning material for industrial homework or the completed product shall be borne by the employer.
History of Section.
P.L. 1936, ch. 2328, § 4; G.L. 1938, ch. 293, § 4; P.L. 1948, ch. 2110, § 5; G.L. 1956, § 28-18-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-14. - Compliance with law — Employer’s license — Contractors and distributors.

§ 28-18-14. Compliance with law — Employer’s license — Contractors and distributors.
No person shall carry on industrial homework except in accordance with this chapter and in accordance with the provisions of any other state law or regulation. Every person desiring to employ homeworkers in this state must procure from the director of labor and training an employer’s license. The license shall be issued in accordance with the provisions of § 28-18-3 upon application made on a form prescribed by the director of labor and training, and upon payment of the fee required by § 28-18-5. No employer shall give out any materials or articles for homework through any homework contractors or distributors except in the case of any charitable or community organizations that the director may approve.
History of Section.
P.L. 1936, ch. 2328, § 4; G.L. 1938, ch. 293, § 4; P.L. 1948, ch. 2110, § 5; G.L. 1956, § 28-18-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-15. - Labeling of homework articles.

§ 28-18-15. Labeling of homework articles.
No employer shall deliver, or cause to be delivered, any materials or articles to be manufactured by any homeworker unless there has been conspicuously affixed to each article or its container a label or other mark of identification bearing the employer’s name and address, printed or written legibly in English; provided, that if the goods are of a nature that they cannot be individually labeled or identified, then the employer shall conspicuously label the goods or their container in any manner that the director of labor and training may prescribe by rule or regulations.
History of Section.
G.L. 1938, ch. 293, § 4; P.L. 1948, ch. 2110, § 6; G.L. 1956, § 28-18-15.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-16. - Penalty for violations.

§ 28-18-16. Penalty for violations.
Any person who violates any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for each offense. Each day any violation occurs or continues shall constitute a separate offense.
The provisions of this chapter shall not apply to any corporation organized for a purpose authorized by § 7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or therapeutic nature.
History of Section.
P.L. 1936, ch. 2328, § 5; G.L. 1938, ch. 293, § 5; P.L. 1948, ch. 2110, § 7; G.L. 1956, § 28-18-16.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-17. - Nonprofit and charitable organizations exempt.

§ 28-18-17. Nonprofit and charitable organizations exempt.
This chapter does not apply to any corporation organized for a purpose authorized by § 7-6-4 or to any individual or organization engaged in providing work of a philanthropic, educational, or therapeutic nature.
History of Section.
P.L. 1936, ch. 2328, § 7; G.L. 1938, ch. 293, § 7; G.L. 1956, § 28-18-17; P.L. 1984, ch. 380, § 5; P.L. 1984, ch. 444, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-18 - Industrial Homework › Section 28-18-18. - Severability.

§ 28-18-18. Severability.
If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of the chapter, and the application of the provision to other persons or circumstances, shall not be affected by the invalidity.
History of Section.
P.L. 1936, ch. 2328, § 6; G.L. 1938, ch. 293, § 6; G.L. 1956, § 28-18-18.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-1. - Definitions.

§ 28-20-1. Definitions.
When used in this chapter:
(1)
“Amendment” means any modification or change in a code intended to be of universal or general application.
(2)
“Code” means a standard body of rules for safety and health formulated, adopted, and issued by the commission under the provisions of this chapter.
(3)
“Commission” means the code commission for occupational safety and health created by this chapter.
(4)
“Director” means the director of labor and training or his or her duly authorized representative.
(5)
“Employ” means the use of any services of an employee for compensation and includes to suffer or permit to work.
(6)
“Employee” means an individual who is employed by an employer.
(7)
“Employer” means a person, firm, corporation, partnership, association, receiver or trustee in bankruptcy having one or more persons in his, her, or its employ, a state agency, or an agency of a political subdivision of the state, or any person acting, directly or indirectly, in the interest of an employer.
(8)
“Review board” means the occupational safety and health review board created by this chapter.
(9)
“Standard” means a federal standard adopted by the United States Secretary of Labor for the federal Occupational Safety and Health Administration.
(10)
“Variance” means a limited modification or change in a code which is applicable only to the particular place of employment of the employer or person petitioning for the modification or change.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-2. - Division of occupational safety.

§ 28-20-2. Division of occupational safety.
(a)
The department of labor and training shall be responsible for the administration and enforcement of all laws, codes, rules, and regulations pertaining to occupational safety and health as applied to every employer operating in this state, provided that inspection of health hazards shall be made pursuant to the provisions of chapter 1.1 of title 23.
(b)
There shall be a division of occupational safety within the department of labor and training that shall have all the powers and duties prescribed by the provisions of this chapter and chapter 19 [repealed] of this title and any other duties that may be conferred by law upon the division.
(c)
Any reference to the division of industrial inspection in existing laws is amended to mean the division of occupational safety.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1982, ch. 338, §§ 2, 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-2.1. - Video display terminals — Informational brochure — Training programs.

§ 28-20-2.1. Video display terminals — Informational brochure — Training programs.
The department of labor and training is directed to develop an informational brochure relating to the use of video display terminals in the work place. In addition to the brochure, the department shall develop a plan, in cooperation with business, industry, and labor, for the dissemination of the brochure to all concerned parties. The department shall also prepare a plan for a series of training programs and seminars directly relating to the information contained in the brochure.
History of Section.
P.L. 1985, ch. 51, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-3. - Annual report.

§ 28-20-3. Annual report.
The director shall issue an annual report to the governor and to the general assembly no later than January 10 in each year. He or she shall also submit reports to the United States Secretary of Labor in any form and from time to time that the secretary may require.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-4.1. - Adoption of regulations pertaining to HIV and hepatitis.

§ 28-20-4.1. Adoption of regulations pertaining to HIV and hepatitis.
The division of occupational safety of the department of labor and training shall adopt the latest regulations of the federal Occupational Safety and Health Administration (OSHA) as they pertain to the human immunodeficiency virus (HIV) and hepatitis and shall, in consultation with the department of health, provide for the enforcement of the regulations for appropriate public sector employees.
History of Section.
P.L. 1988, ch. 405, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-5. - Devotion to duties — Assignment of compliance inspectors — Other employment.

§ 28-20-5. Devotion to duties — Assignment of compliance inspectors — Other employment.
Compliance inspectors shall devote their entire scheduled work time and attention to the duties of their respective offices. The chief of the division of occupational safety shall assign compliance inspectors to the duties to be performed. No employee of the division of occupational safety shall accept other employment that is in conflict with his or her official duties.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-6. - Appropriations.

§ 28-20-6. Appropriations.
The general assembly shall annually appropriate any sums that are necessary to carry out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders on the general treasurer for the payment of the sums so appropriated or so much of it that may be required, upon receipt by him or her of proper vouchers approved by the chief of the division of occupational safety and by the director.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-7. - Applicability and reports of places of business.

§ 28-20-7. Applicability and reports of places of business.
This chapter shall apply to every employer now or subsequently doing business in this state and all applicants for industrial registration as provided in chapter 19 [repealed] of this title. Each employer or applicant shall furnish the director his, her, or its name; the character of his, her, or its business; the number of employees; the nature of the business; and the address at which it is conducted, and shall report any changes to the director.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1982, ch. 338, §§ 2, 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-8. - Employer’s duties.

§ 28-20-8. Employer’s duties.
(a)
Each employer shall furnish to each of his or her employees a place of employment that is free from recognized safety and health hazards that are causing, or are likely to cause, death or serious physical harm to the employees.
(b)
Each employer shall comply with occupational safety and health codes promulgated under this chapter.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-9. - Employee’s duties.

§ 28-20-9. Employee’s duties.
Every employee shall comply with occupational safety and health codes, rules, regulations, and orders issued under the provisions of this chapter that are applicable to his or her actions and conduct.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-10. - Applicability to state and municipal employees.

§ 28-20-10. Applicability to state and municipal employees.
It shall be the responsibility of the head of each state agency and of each agency in the political subdivisions of the state to establish and maintain an effective and comprehensive occupational safety and health program that is consistent with this chapter and with the codes, rules, and regulations promulgated pursuant to it. The head of each agency shall, after consultation with representatives of its employees:
(1)
Provide safe and healthful places and conditions of employment consistent with the requirements of this chapter;
(2)
Acquire, maintain, and require use of safety equipment, personal protective equipment, and devices necessary to protect employees; and
(3)
Keep adequate records of all occupational injuries and illnesses for proper evaluation and necessary action in accordance with the advice of the director of labor and training and the director of health and submit an annual report to the director of labor and training with respect to those occupational accidents and illnesses.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-11. - Recordkeeping requirements.

§ 28-20-11. Recordkeeping requirements.
(a)
Each employer shall make, keep, preserve, and furnish to the director any records regarding his or her activities relating to this chapter that the director, in cooperation with the United States Secretary of Labor and the United States Secretary of Health, Education and Welfare, or their successors, may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this subsection, the regulations may include provisions requiring employers to conduct periodic inspections. The director shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable codes.
(b)
The director of labor and training, in cooperation with the director of health, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries, and illnesses other than minor injuries requiring only first aid treatment and that do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(c)
The director of labor and training, in cooperation with the director of health, shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents that are required to be monitored or measured under the provisions of this chapter and of § 23-1.1-7. Those regulations shall provide employees or their representatives with an opportunity to observe the monitoring or measuring, and to have access to the records of the monitoring or measuring. Those regulations shall also make appropriate provision for each employee or former employee to have access to any records that will indicate his or her own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by an applicable safety or health code promulgated under this chapter, and shall inform any employee who is being exposed of the corrective action being taken.
(d)
Any information obtained by the director or any other state agency under this chapter shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-12. - Inspection powers.

§ 28-20-12. Inspection powers.
(a)
The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized:
(1)
To enter without delay and at reasonable times any factory, plant, establishment, construction site or other area, workplace, or environment where work is performed by an employee of an employer; and
(2)
To inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials in the place of employment, and to privately question any employer, owner, operator, agent, or employee.
(b)
If the director is denied entry to any place that he or she has reason to believe has been, is being, or is about to be used as a place of employment, he or she shall make application under oath setting forth the reasons for his or her belief that the place has been, is being, or is about to be used as a place of employment, and the facts concerning his or her denial, to any justice of the superior court. That court shall issue an order ex parte, if it finds that the belief is reasonable, allowing the director to make any entry that is reasonably necessary to conduct the inspection.
(c)
In making inspections and investigations under this chapter, the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid to witnesses in the courts of the state. In case of contumacy, failure, or refusal of any person to obey an order, the superior court shall have the jurisdiction to issue to the person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey that order of the court may be punished by the court as a contempt of court.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-13. - Inspection of violations.

§ 28-20-13. Inspection of violations.
(a)
Any employee or representative of employees who believes that a violation of a safety or health code exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the director of the violation or danger. Any notice shall be reduced to writing, set forth with reasonable particularity the grounds for the notice, and be signed by the employee or representative of employees. Upon receipt of the notification, the director shall provide a copy to the employer or his or her agent not later than at the time of inspection, except that, upon the request of the person giving the notice, his or her name and the name of the individual employee referred to in the notice shall not appear in copy or on any record published, released, or made available. If upon receipt of the notification the director determines there are reasonable grounds to believe that the violation or danger exists, he or she shall make a special inspection in accordance with the provisions of this section as soon as practicable to determine if the violation or danger exists. If the director determines that there are not reasonable grounds to believe that a violation or danger exists, he or she shall notify the employee or representative of the employees in writing of that determination.
(b)
Prior to or during any inspection of a workplace, any employee or representative of employees employed in the workplace may notify the director, in writing, of any violation of this chapter that he or she has reason to believe exists in the workplace. The director shall by regulation establish procedures for informal review of any refusal by his or her representative to issue a compliance order as to any alleged violation and shall furnish the employee or representative of employees requesting the review a written statement of the reasons for the director’s final disposition of the case.
(c)
A representative of the employer and a representative authorized by the employees shall be given the opportunity to accompany the compliance inspector during a physical inspection of the workplace for the purpose of aiding the inspection. Where there is no authorized employee representative, the compliance inspector shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-14. - Procedures to counteract imminent dangers.

§ 28-20-14. Procedures to counteract imminent dangers.
(a)
The superior court shall have jurisdiction, upon petition of the attorney general, to restrain any conditions or practices in any place of employment that are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require any steps to be taken that may be necessary to avoid, correct, or remove the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit the cessation to be accomplished in a safe and orderly manner.
(b)
Upon the filing of the petition, the superior court shall have jurisdiction to grant injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter. The proceeding shall be as provided by Superior Court Rules of Civil Procedure Rule 65, except that no temporary restraining order issued without notice shall be effective for a period longer than five (5) days and no security as provided in paragraph (c) of Superior Court Rules of Civil Procedure Rule 65 shall be required of the state or its political subdivisions. No action brought under this section shall be construed as affecting a labor dispute as defined in § 28-10-3, nor shall the action be subject to the provisions of § 28-10-2 or paragraph (e) of Superior Court Rules of Civil Procedure Rule 65.
(c)
Whenever and as soon as a compliance inspector concludes that conditions or practices described in subsection (a) of this section exist in any place of employment, he or she shall inform the affected employees and employers of the danger and that he or she is recommending to the director that relief be sought.
(d)
If the director arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of that failure or the representatives of the employees may bring an action against the director in the superior court for the county in which the imminent danger is alleged to exist for a writ of mandamus to compel the director to seek the order and for any further relief that may be appropriate.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-15. - Prosecution of violations.

§ 28-20-15. Prosecution of violations.
It shall be the duty of the director to enforce the provisions of this chapter and upon request of the director the attorney general shall prosecute all violations of this chapter.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-16. - Compliance orders.

§ 28-20-16. Compliance orders.
(a)
If upon inspection or investigation the director believes that an employer has violated a requirement of § 28-20-8, or of any code, rule, or order promulgated pursuant to § 28-20-24, or of any regulation prescribed pursuant to this chapter or chapter 19 [repealed] of this title, he or she shall promptly issue a compliance order to the employer. Each compliance order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the law, code, rule, regulation, or order alleged to have been violated. In addition, the compliance order shall fix a reasonable time for the abatement of the violations.
(b)
Each compliance order issued under this section or a copy or copies of each order shall be prominently posted as prescribed in regulations issued by the director at or near each place a violation referred to in the compliance order has occurred.
(c)
No compliance order may be issued under this section after the expiration of six (6) months following the occurrence of a violation.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3; P.L. 1982, ch. 338, §§ 2, 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-19. - Occupational safety and health review board.

§ 28-20-19. Occupational safety and health review board.
(a)
The occupational safety and health review board is established.
(b)
The review board shall be composed of seven (7) members appointed by the governor:
(1)
One of whom shall be a qualified member of the occupational safety profession;
(2)
One shall be a qualified elevator representative;
(3)
One shall be a qualified mechanical representative;
(4)
One shall be a qualified electrical representative;
(5)
One shall be a qualified operating engineer representative, nominated by the director of labor and training;
(6)
One shall be a qualified representative of the occupational health profession, nominated by the director of health; and
(7)
One shall be a representative of the public who acts as chairperson of the review board.
(c)
The term of office of each member of the review board shall be six (6) years.
(d)
The review board shall conduct hearings pursuant to chapter 35 of title 42 in all cases involving contests of the decisions of the director, and the commission for occupational safety and health made pursuant to this chapter and chapter 19 [repealed] of this title.
(e)
Five (5) members of the review board shall constitute a quorum, and official action can be taken only on the affirmative vote of at least five (5) members. In the event of a lack of a quorum, the director of labor and training shall have the authority to designate an employee of the department of labor and training to serve on the board for purposes of obtaining a quorum only. That employee shall have no voting privileges.
(f)
The review board shall set its own rules established pursuant to the requirements of chapter 35 of title 42.
(g)
Clerical and other assistance as may be required by the review board shall be furnished by the director.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1982, ch. 338, § 2; P.L. 2003, ch. 92, § 1; P.L. 2003, ch. 99, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-20. - Judicial review.

§ 28-20-20. Judicial review.
Any employer, employee, the director, or other individual who or that is aggrieved by any order of the review board may appeal the order pursuant to the provisions of chapter 35 of title 42.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-21. - Discrimination on account of complaint.

§ 28-20-21. Discrimination on account of complaint.
(a)
No employer shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any proceeding; or because of the exercise by that employee on behalf of himself or herself or others of any right afforded by this chapter.
(b)
Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after the violation occurs, file a written complaint with the director alleging the discrimination. Upon receipt of the complaint, the director shall cause any investigation to be made that he or she deems appropriate. If upon the investigation the director determines that the provisions of this section have been violated and the employer fails or refuses to take remedial action ordered by the director, he or she shall then bring an action in any superior court against that person. In any action the courts shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay and any other benefits to which he or she was entitled.
(c)
Within ninety (90) days of the receipt of a complaint filed under this subsection the director shall notify the complainant of his or her determination under subsection (b) of this section.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-22. - Code commission for occupational safety and health — Composition, appointment, terms, and removal of members.

§ 28-20-22. Code commission for occupational safety and health — Composition, appointment, terms, and removal of members.
There is created within the department of labor and training a code commission for occupational safety and health, consisting of five (5) members, of whom two (2) shall represent industry, two (2) shall represent labor, and one shall represent the public and shall serve as chairperson of the commission. The representatives of industry shall be appointed by the director after he or she has consulted with representatives of industrial, commercial, and trade groups and associations in this state. The representatives of labor shall be appointed by the director after he or she has consulted with representatives of labor organizations in this state. The public representative shall be nominated jointly by the representatives of labor and industry. If the representatives of labor and industry have not nominated a public representative within thirty (30) days after their appointment, then the director shall instead both nominate and appoint the public representative on the commission. The appointment of the members of the commission shall be made by the director with the approval of the governor for a term of five (5) years. For their initial appointment, the representatives of industry shall be appointed for terms of one year and three (3) years, respectively; the representatives of labor shall be appointed for terms of two (2) years and four (4) years, respectively; and the public representative shall be appointed for a term of five (5) years. Vacancies shall be filled by appointments made in the same manner as the original appointments. A member of the commission may only be removed by the governor for cause. The director of labor and training and the director of health shall be ex-officio members of the commission, but shall have no vote and shall serve without additional compensation. Each ex-officio member may designate a subordinate from within his or her department as a substitute member of the commission by filing a written notice of that substitution in the office of the secretary of state. The industrial code commission for safety and health is abolished.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-23. - Compensation of commission members — Assistance — Appropriations.

§ 28-20-23. Compensation of commission members — Assistance — Appropriations.
Members of the commission shall receive no salary, but shall receive compensation not exceeding twenty-five dollars ($25.00) for each day spent in the discharge of their official duties, with a maximum of fifteen hundred dollars ($1500) annually. An official meeting of the commission shall be held by request of the director. The director is authorized and directed to provide the commission with the clerical, legal, and other assistance that shall be necessary to permit the commission to perform its duties as provided in this chapter. The reasonable and necessary traveling and other expenses of the members of the commission while actually engaged in the performance of their duties shall be paid from the state treasury and upon receipt of proper vouchers approved by the director and the chairperson of the commission. The general assembly shall annually appropriate any sum that it deems necessary to carry out the purposes of this section.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-24. - Power to adopt codes — Advisory committees — Conformance with national standards.

§ 28-20-24. Power to adopt codes — Advisory committees — Conformance with national standards.
(a)
In addition to any other powers and duties that may be conferred upon it by law, the commission shall have the power and duty to make, amend, and repeal codes for the elimination of safety or health hazards in every employment or place of employment, including the repair and maintenance of places of employment to render them safe. The director of labor and training and the director of health shall each have the right to propose to the commission those codes or amendments to existing codes that they may deem necessary to carry out the intent of this chapter. The commission shall continue to develop, adopt, and amend codes as new or previously unrecognized occupational safety and health hazards are discovered.
(b)
In the performance of its duties the commission shall appoint advisory committees, composed of representatives of employers, labor organizations, and experts.
(c)
All codes shall, when adopted, be consistent with accepted safety and health standards of nationally recognized standards-producing organizations, which shall be at least as effective as federal standards, which, in themselves, shall be adopted. All codes, when appropriate, shall contain specific provisions for the protection of employees from exposure to hazards by such means as the requirement for use of suitable protective equipment and for control or technological procedures with respect to the hazards, including monitoring or measuring the exposure. No code may apply standards for products distributed or used in interstate commerce that are different from federal standards for those products unless required by compelling local conditions and do not unduly burden interstate commerce.
(d)
Any amendments made to any codes by the commission shall be such that, when adopted, the amended codes shall be consistent with existing accepted safety and health standards and at least as effective as federal standards. All new federal standards and revisions or amendments to federal standards shall be adopted as state codes within six (6) months after their publication in the federal register.
(e)
The codes adopted under this chapter shall have the force and effect of law, and the commission shall conduct hearings and establish rules and regulations pursuant to provisions of chapter 35 of title 42.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1982, ch. 338, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-25. - Hearing on codes.

§ 28-20-25. Hearing on codes.
No code may be adopted, amended, or repealed except pursuant to the provisions contained in chapter 35 of title 42.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-26. - Effective date of codes and changes.

§ 28-20-26. Effective date of codes and changes.
All codes and all amendments to them and repeals of them shall take effect twenty (20) days after certified copies are filed in the office of the secretary of state.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-27. - Publication of codes and changes — Posting of lists — Notice to employees.

§ 28-20-27. Publication of codes and changes — Posting of lists — Notice to employees.
(a)
Every code adopted and every amendment or repeal of these codes shall be compiled as prescribed in § 42-35-5 and published in the manner and quantity required for reference and enforcement. A printed list of the titles of all codes including their amendments issued and adopted by the commission under the provisions of this chapter, together with the dates of their adoption, shall be posted by the employer in every place of employment.
(b)
Where appropriate, codes shall contain provisions for the furnishing to employees of information regarding hazards in the workplace, including information about suitable precautions, relevant symptoms, and emergency treatment in case of exposure, by such means as labeling, posting, and, where appropriate, medical examination at no cost to employees, with the results of the examinations being furnished only to appropriate state officials and, if the employee so requests, to his or her physician.
History of Section.
P.L. 1973, ch. 260, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-28. - Temporary codes.

§ 28-20-28. Temporary codes.
(a)
The director of labor and training in cooperation with the director of health shall promulgate, without regard to the requirements of §§ 28-20-24 — 28-20-26, an emergency temporary code to take immediate effect upon publication and filing with the secretary of state if he or she determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that the emergency code is required to protect employees from the danger.
(b)
A temporary code shall be effective until superseded by a code promulgated in accordance with the procedure prescribed in §§ 28-20-24 — 28-20-26, or for a maximum period of one hundred and twenty (120) days.
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1976, ch. 55, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-20 - Division of Occupational Safety › Section 28-20-30. - Judicial review of code provisions.

§ 28-20-30. Judicial review of code provisions.
Any employer, employee, or other individual who may be adversely affected by any code adopted under this chapter, or any amendment of it, may, within thirty (30) days after its promulgation, commence an action in the superior court against the director to set aside the code or portion of the code on the grounds that it is unlawful or unreasonable, in accordance with the provisions of § 42-35-15. Any person adversely affected by any code or decision adopted pursuant to chapter 19 [repealed] of this title shall first appeal the decision to the occupational safety review board as provided in § 28-19-10 [repealed].
History of Section.
P.L. 1973, ch. 260, § 2; P.L. 1982, ch. 338, § 2.