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Rhode Island Senate Bill S0821

Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0821 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGI CAL
1616 SAFETY ACT
1717 Introduced By: Senators Ciccone, Britto, DiPalma, F. Lombardi, Burke, and Tikoian
1818 Date Introduced: March 23, 2023
1919 Referred To: Senate Labor
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
2424 is hereby amended by adding thereto the following chapter: 2
2525 CHAPTER 60 3
2626 WORKPLACE PSYCHOLOGICAL SAFETY ACT 4
2727 28-60-1. Short title. 5
2828 This chapter shall be known and may be cited as the "Workplace Psychological Safety 6
29-Act." 7
30-28-60-2. Public policy. 8
31-(a) This chapter sets forth a public policy acknowledging and addressing the relevance and 9
32-importance of mental health as an integral aspect of human well-being, and therefore, employee 10
33-well-being. This chapter also sets forth a public policy against any type of psychological abuse that: 11
34-(1) Violates an employee's right to a physically and psychologically safe work 12
35-environment; and 13
36-(2) Injures an employee, hinders the performance of an employee, stigmatize the employee, 14
37-and/or undermine the dignity of the employee. 15
38-(b) This chapter declares and reasserts the obligation of employers to keep their employees 16
39-and the work environment safe as set forth in laws throughout the state and the federal government, 17
40-including the Department of Labor Standards, a part of the Executive Office of Labor and 18
29+Act", addressing workplace psychological abuse (bullying and mobbing) with regard to recognizing 7
30+and protecting an employee's right to a psychologically safe work environment. 8
31+28-60-2. Public policy. 9
32+(a) This chapter sets forth a public policy acknowledging and addressing the relevance and 10
33+importance of mental health as an integral aspect of human well-being, and therefore, employee 11
34+well-being. This chapter also sets forth a public policy against any type of psychological abuse that: 12
35+(1) Violates an employee's right to a physically and psychologically safe work 13
36+environment; and 14
37+(2) Injures or has the potential to injure an employee, hinder the performance of an 15
38+employee, stigmatize the employee, and/or undermine the dignity of the employee, regardless of 16
39+their job category or class. 17
40+(b) Additionally, this chapter declares and reasserts the obligation of employers to keep 18
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43-LC002613/SUB A - Page 2 of 9
44-Workforce Development, U.S. Department of Labor and the U.S. Occupational Safety and Health 1
45-Act, which includes psychological safety. 2
46-28-60-3. Purpose. 3
47-It is the purpose of this chapter to: 4
48-(1) Recognize and protect an employee's right not only to a physically safe work 5
49-environment but also to a psychologically safe work environment in the workplace. 6
50-(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, 7
51-discourage, and adequately address issues of psychological abuse in the workplace. 8
52-(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, 9
53-and adequately address issues of psychological abuse to eliminate such behaviors before they 10
54-disrupt the safety of the work environment and/or cause subsequent harm to employees. 11
55-(4) Provide legal relief and remedy for employees harmed psychologically, emotionally, 12
56-physically, professionally, or economically by exposure to an unsafe, toxic work environment, 13
57-including any subsequent damages to make employees whole. 14
58-28-60-4. Scope of application. 15
59-This chapter shall apply to all employees regardless of the nature of their job. 16
60-28-60-5. Definitions. 17
61-For the purposes of this chapter, the terms used herein shall have the meanings set forth in 18
62-this section: 19
63-(1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s), 20
64-especially superior(s) to subordinate(s). 21
65-(2) "Mobbing" means an interpersonal abuse system that operates employer-to-22
66-employee(s). 23
67-(3) "Physical injury" means impairment of a person's physical health or bodily integrity as 24
68-established by competent evidence and may manifest mentally, emotionally, or physically. 25
69-(4) "Psychological abuse" means mentally provocative harassment. Mistreatment that has 26
70-the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally. 27
71-(5) "Psychological injury" means impairment of a person's mental health as established by 28
72-competent evidence and may manifest mentally, emotionally, or physically. 29
73-(6) "Reasonable person" means an unbiased person who displays reason, fairness, caution, 30
74-and care. 31
75-(7) ''Representative employee" means administrative employees in leadership and/or 32
76-management positions whose responsibility is to oversee and enforce organizational policies 33
77-including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, 34
43+LC002613 - Page 2 of 13
44+their employees and the work environment safe as set forth in laws throughout the state and the 1
45+federal government, including the Department of Labor Standards, a part of the Executive Office 2
46+of Labor and Workforce Development, U.S. Department of Labor and the U.S. Occupational Safety 3
47+and Health Act, which includes psychological safety. 4
48+28-60-3. Purpose. 5
49+It is the purpose of this chapter to: 6
50+(1) Recognize and protect an employee's right not only to a physically safe work 7
51+environment but also to a psychologically safe work environment in the workplace. 8
52+(2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, 9
53+discourage, and adequately address issues or allegations of psychological abuse in the workplace. 10
54+(3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, 11
55+and adequately address issues or allegations of psychological abuse to eliminate such behaviors 12
56+before they disrupt the safety of the work environment and/or cause subsequent harm to employees. 13
57+(4) Provide legal relief and remedy for employees harmed psychologically, emotionally, 14
58+physically, professionally, or economically by exposure to an unsafe, toxic work environment, 15
59+including any subsequent damages to make employees whole. 16
60+28-60-4. Scope of application. 17
61+This chapter shall apply to all employees regardless of the nature of their job. 18
62+28-60-5. Definitions. 19
63+For the purposes of this chapter, the terms used herein shall have the meanings set forth in 20
64+this section: 21
65+(1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s), 22
66+especially superior(s) to subordinate(s). The perpetrators are individual(s). 23
67+(2) "Employee" means any person who renders services to an employer and receives 24
68+compensation for them, including full- and part-time paid employees and independent contractors, 25
69+including temporary employees. For purposes of the protection granted under this chapter, the term 26
70+employee shall be interpreted broadly. 27
71+(3) "Employer" means a person(s) or entity who obtains services from an employee and 28
72+hires employees for any compensation. For purposes of the protection granted under this chapter, 29
73+the term employer shall be interpreted broadly, public or private, for profit or not-for-profit. 30
74+(4) "Mobbing" means an interpersonal abuse system that operates employer-to-31
75+employee(s). The perpetrators are the employer and/or its representative employees. 32
76+(5) "Physical injury" means impairment of a person's physical health or bodily integrity as 33
77+established by competent evidence and may manifest mentally, emotionally, or physically. 34
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81-members of a board of directors, or employees in human resources, legal, or diversity, equity, and 1
82-inclusion. 2
83-(8) "Third party" means a neutral person with no prior affiliation with the parties. 3
84-(9) "Toxic work environment" means an intolerable employment condition in which a 4
85-reasonable person would find it difficult, uncomfortable, and/or an impossible environment to 5
86-perform their workplace duties and tasks. 6
87-28-60-6. Employee right to dignity and a psychologically safe work environment. 7
88-Every employee shall have the right to a work environment that is safe and affords them 8
89-the dignity to which all human beings are entitled, free from all forms of psychological abuse. 9
90-28-60-7. Employer responsibility to provide safe work environments and ensure 10
91-worker dignity. 11
92-Employers have a general duty to provide a safe work environment free from all forms of 12
93-abuse including psychological abuse. Employers have a general duty to ensure that all employees 13
94-are treated respectfully and with dignity. 14
95-28-60-8. Prohibited activity. 15
96-(a) It shall be an unlawful employment practice for any employer or employee to engage 16
97-in the psychological abuse of another employee that creates a toxic work environment in which a 17
98-reasonable person would find intolerable to perform their regular workplace duties and tasks, has 18
99-the ability to cause injury, and/or jeopardizes future career prospects without just cause. The 19
100-determination of which shall be conducted from the view of a reasonable person under the totality 20
101-of the circumstances, its impact on the work environment of the employee, and/or its subsequent 21
102-impact on the employee's well-being. 22
103-(b) It shall be an unlawful employment practice to retaliate in any manner against an 23
104-employee who has opposed any unlawful employment practices under this chapter, including, but 24
105-not limited to, filing a claim internally or externally on behalf of oneself or another objecting to 25
106-behavior in violation of this chapter whether as an complainant, witness, or advocate. 26
107-(c) It shall be an unlawful employment practice to require any complainant under this 27
108-chapter to enter into mediation or forced arbitration. 28
109-(d) Conduct that does not constitute psychological abuse includes, but is not limited to: 29
110-(1) Acts intended to exercise a supervisor's authority to discipline with just cause and 30
111-conducted in a progressive disciplinary manner in compliance with policies and laws; 31
112-(2) Demands for protecting the confidentiality of the services provided by the employer; 32
113-(3) The formulation or promulgation of regulations or memoranda to direct the operations, 33
114-maximize efficiency, and evaluate employees' performance based on the general objectives of the 34
80+LC002613 - Page 3 of 13
81+(6) "Psychological abuse" means mentally provocative harassment. Mistreatment that has 1
82+the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally. 2
83+(i) Behaviors that may constitute psychological abuse include, but are not limited to: 3
84+(A) Covert and/or subtle unethical and unprofessional behavior, directed in a targeted 4
85+and/or systematic manner such as sabotage, exclusion, marginalization, misrepresentation of 5
86+employee performance or behavior, spreading of lies, discipline that does not follow procedure, 6
87+withholding of vital information, behind closed door verbal abuse and/or abusive gestures, frequent 7
88+request for work below competence level, inconsistent enforcement of rules, long-term assigning 8
89+of tasks beyond the employee's duties without compensation, and behaviors without just cause 9
90+consisting of physical isolation, ignoring, regular inconsistent instructions, and unmanageable 10
91+workloads; 11
92+(B) Overt and/or blatant unethical and unprofessional behavior directed in a targeted and/or 12
93+systematic manner such as undermining, request to take part in illegal activity, public or group 13
94+humiliation or degradation, taking credit for work, making snide comments or ridicule publicly, 14
95+physically isolating an employee, ignoring, exclusion from work-related social gatherings or 15
96+communications, inconsistent following or enforcement of rules, degrading role changes that could 16
97+jeopardize future career prospects, placing in dangerous or physically threatening working 17
98+conditions, hostile yelling, shouting, or physical gestures and postures, outright physical abuse such 18
99+as pushing and shoving, looking into or disclosing of private facts about the employee or their 19
100+family, and behaviors without just cause consisting of discounting a person's work proposals or 20
101+opinions, persistent criticism, excessive monitoring, unmanageable workloads, threat of dismissal, 21
102+removal of job duties, tampering with or spying on equipment or personal belongings, and changing 22
103+work conditions or duties; 23
104+(C) Employer non-response and/or prolonged response to employee complaints of 24
105+psychologically abusive behavior, rigged internal protocol, unethical communication, i.e. 25
106+misrepresenting a complaint process and misrepresenting an investigatory process, hollow 26
107+investigations, misrepresenting the findings in subsequent reports, blame shifting, willful blindness 27
108+to the bully's continued and escalating behavior, willful deafness to the reporting employee's 28
109+request for assistance; and 29
110+(D) Employer failure to provide a safe working environment, failure to acknowledge 30
111+employee complaints of abusive behavior, failure to provide a transparent reporting system, failure 31
112+to adequately address employee complaints, failure to remove a known stressor(s), failure to alter 32
113+and/or stabilize the work environment, willful exacerbation of the reporting employee's work 33
114+environment through toleration and proliferation of abusive behavior by representing employees. 34
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118-employer; 1
119-(4) The temporary assignment of additional duties when necessary to ensure the continuity 2
120-of services; 3
121-(5) Administrative actions directed to the completion of an employment agreement, with 4
122-cause; and 5
123-(6) Employer's affirmative actions to enforce the provisions of a human resources 6
124-regulation, clauses of employment agreements, or obligations, duties, and prohibitions established 7
125-by law. 8
126-(e) Concerted activity/Section 7 activity under the National Labor Relations Act as 9
127-interpreted by the National Labor Relations Board shall not be construed as psychological abuse. 10
128-28-60-9. Procedure. 11
129-(a) Every employer shall be responsible for taking all reasonable measures to acknowledge, 12
130-monitor, prevent, discourage, and adequately address incidents of psychological abuse. 13
131-(b) Within one hundred eighty (180) days every employer shall: 14
132-(1) Adopt and implement preventive and detective internal policies against psychological 15
133-abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a 16
134-broad reporting procedure, including formal and informal reporting methods. 17
135-(2) Notify and train all managers, supervisors, and other representative employees as to 18
136-handling complaints of psychologically abusive behavior, including the employer's reporting 19
137-provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all 20
138-such complaints. 21
139-(3) Post employees' rights under this chapter and employer reporting policies in such a 22
140-manner that all employees have access, including on the website, bulletin boards, job descriptions, 23
141-and in applicable promotional materials. 24
142-(4) Implement and uphold an effective anti-retaliation provision that guarantees no 25
143-retaliation against any employee who has opposed any unlawful practice in a complaint under this 26
144-chapter. 27
145-(5) Implement an investigation policy for all complaints of psychologically abusive 28
146-behavior which includes notice provisions for complainant regarding the status, completion, and 29
147-outcome of the complaint and imposes a policy of progressive discipline for any employee 30
148-determined to have engaged in psychologically abusive behavior. 31
149-(6) Apply evaluation and discipline processes evenly and fairly to all employees. 32
150-(7) Annually perform an anonymous workplace climate survey, with its results to be 33
151-submitted to OSHA (private sector employers) and the department of labor and training (public 34
117+LC002613 - Page 4 of 13
118+(7) "Psychological injury" means impairment of a person's mental health as established by 1
119+competent evidence and may manifest mentally, emotionally, or physically. 2
120+(8) "Reasonable person" means an unbiased person who displays reason, fairness, caution, 3
121+and care. 4
122+(9) ''Representative employee" means administrative employees in leadership and/or 5
123+management positions whose responsibility is to oversee and enforce organizational policies 6
124+including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, 7
125+members of a board of directors, or employees in human resources, legal, or diversity, equity, and 8
126+inclusion. 9
127+(10) "Third party" means a neutral person with no prior affiliation with the parties. 10
128+(11) "Toxic work environment" means an intolerable employment condition in which a 11
129+reasonable person would find it difficult, uncomfortable, and/or an impossible environment to 12
130+perform their workplace duties and tasks. 13
131+28-60-6. Employee right to dignity and a psychologically safe work environment. 14
132+Every employee shall have the right to a work environment that is safe and affords them 15
133+the dignity to which all human beings are entitled, free from all forms of psychological abuse. 16
134+28-60-7. Employer responsibility to provide safe work environments and ensure 17
135+worker dignity. 18
136+Employers have a general duty to provide a safe work environment free from all forms of 19
137+abuse including psychological abuse. Employers have a general duty to ensure that all employees 20
138+are treated respectfully and with dignity. 21
139+28-60-8. Prohibited activity. 22
140+(a) It shall be an unlawful employment practice for any employer or employee to engage 23
141+in the psychological abuse of another employee during or outside the course or scope of their work 24
142+that creates a toxic work environment in which a reasonable person would find intolerable to 25
143+perform their regular workplace duties and tasks, has the ability to cause subsequent injury, and/or 26
144+jeopardizes future career prospects without just cause. The determination of which shall be 27
145+conducted from the view of a reasonable person under the totality of the circumstances, its impact 28
146+on the work environment of the employee, and/or its subsequent impact on the employee's well-29
147+being. There is no requirement of extreme, outrageous, or repetitive behavior on the part of the 30
148+offender to be unlawful. The creation of a toxic work environment, subsequent injury or potential 31
149+injury, and/or damage to future career prospects shall suffice regardless of protected status. 32
150+(b) It shall be an unlawful employment practice to retaliate in any manner against an 33
151+employee who has opposed any unlawful employment practices under this chapter, including, but 34
152152
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155-sector employers) annually. 1
156-(8) Report annually the number of employee complaints of abusive behavior, employee 2
157-disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, 3
158-discrimination complaints, investigation rates, follow up action rates, the workforce gender and 4
159-racial makeup, and de-identified wage and salary data by protected category to OSHA (private 5
160-sector employers) and department of labor and training (public sector employers), who will make 6
161-this information publicly available, at a minimum under the Freedom of Information Act. 7
162-(c) If the employer proves to have exercised reasonable care to prevent and promptly 8
163-correct the conduct, such employer shall be held harmless from any claim under the provisions of 9
164-this chapter. 10
165-(d) The aggrieved employee shall have the following options to notify the employer of the 11
166-complaint without use of the employer's protocol: 12
167-(1) File a complaint (the employer will not receive a copy of the complaint until there is 13
168-litigation) that discloses the complainant's identity directly and only to OSHA (private sector 14
169-employees) or the department of labor and training (public sector employees). These offices shall: 15
170-(i) Evaluate the conditions described in the complaint. 16
171-(ii) If it is determined that the complaint describes a potential OSHA violation, the case is 17
172-assigned to an inspector. 18
173-(iii) Contact the employer in writing and require the employer to respond by a due date 19
174-with proof that the hazard has been corrected; or make an appointment for a site visit prioritized 20
175-according to the nature of the hazard; or phone or visit the workplace the same day if there is 21
176-imminent danger. Issue fines and/or penalties, including legal action, to violators. 22
177-(iv) Make violations of this chapter available to the public per the Freedom of Information 23
178-Act, redacting all private information as to the aggrieved employee, including their name to protect 24
179-their privacy and not interfere with future job prospects. 25
180-(v) If applicable, forward the complaint to another agency with jurisdiction. 26
181-(vi) Collect and maintain data on the effectiveness of this chapter as determined by a 27
182-decrease in employees self-reporting experiencing psychological abuse at work. 28
183-(2) File suit against the employer for violation(s) of this chapter directly through the 29
184-judicial branch. 30
185-28-60-10. Employer liability. 31
186-Any employer that allows, engages in, or promotes psychological abuse whereby creating 32
187-a toxic work environment shall be liable to the affected employee(s). 33
188-Every employer shall: 34
154+LC002613 - Page 5 of 13
155+not limited to, filing a claim internally or externally on behalf of oneself or another objecting to 1
156+behavior in violation of this chapter whether as an complainant, witness, or advocate. 2
157+(c) It shall be an unlawful employment practice to require any complainant under this 3
158+chapter to enter into mediation, forced arbitration, a non-disclosure agreement, or any agreement 4
159+for the employer to see or review the complainant's medical history not pertinent to the complaint, 5
160+unless willingly disclosed and consented to by the complainant. 6
161+(d) Conduct that does not constitute psychological abuse includes, but is not limited to: 7
162+(1) Acts intended to exercise a supervisor's authority to discipline with just cause and 8
163+conducted in a progressive disciplinary manner in compliance with policies and laws; 9
164+(2) Demands for protecting the confidentiality of the services provided by the employer; 10
165+(3) The formulation or promulgation of regulations or memoranda to direct the operations, 11
166+maximize efficiency, and evaluate employees' performance based on the general objectives of the 12
167+employer; 13
168+(4) The temporary assignment of additional duties when necessary to ensure the continuity 14
169+of services; 15
170+(5) Administrative actions directed to the completion of an employment agreement, with 16
171+cause; and 17
172+(6) Employer's affirmative actions to enforce the provisions of a human resources 18
173+regulation, clauses of employment agreements, or obligations, duties, and prohibitions established 19
174+by law. 20
175+(e) Concerted activity/Section 7 activity under the National Labor Relations Act as 21
176+interpreted by the National Labor Relations Board shall not be construed as psychological abuse. 22
177+28-60-9. Procedure. 23
178+(a) Every employer shall be responsible for taking all reasonable measures to acknowledge, 24
179+monitor, prevent, discourage, and adequately address incidents of psychological abuse. 25
180+(b) Every employer shall include this procedure in policies and corrective action plans and 26
181+implement and enforce it: 27
182+(1) Adopt and implement preventive and detective internal policies against psychological 28
183+abuse, including anti-retaliation policies, within ninety (90) days consistent with this chapter. 29
184+Policies should include a broad reporting procedure, including formal and informal reporting 30
185+methods, that include an employee's right to make a complaint outside of the employer's internal 31
186+reporting procedure. 32
187+(2) Notify and train all managers, supervisors, and other representative employees as to 33
188+handling complaints of psychologically abusive behavior, including the employer's reporting 34
189189
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192-(1) Be liable for failing to take the appropriate measures to provide employees with a 1
193-psychologically safe work environment as outlined in this chapter. 2
194-(2) Be liable for engaging in any violation of this chapter. 3
195-(3) Be liable for any damages, including economic, compensatory, and punitive damages, 4
196-to any employee who has been subjected to work in a toxic work environment as outlined in this 5
197-chapter in the scope of their employment unless the employer can demonstrate they have met all 6
198-elements of the affirmative defense provided in ยง 28-60-12. An employee is entitled to recover the 7
199-greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter. 8
200-(4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees 9
201-and costs. 10
202-28-60-11. Scope of the protection. 11
203-(a) Any person who reports psychological abuse shall be protected by this chapter. 12
204-(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under 13
205-this chapter or to attempt to do so. 14
206-(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere 15
207-with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful 16
208-employment practices or exercise of any right under this chapter, including, but not limited to, an 17
209-employee as to the terms, conditions, compensation, location, benefits, or privileges of employment 18
210-because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, 19
211-statement, information, or claim to a labor union, human resources office, employer office, 20
212-legislative, administrative, or judicial forum, or any other internal or external office or otherwise 21
213-engages in any other reasonable participation in a claim under this chapter insofar as such 22
214-statements constitute a disclosure of privileged information as provided by law. 23
215-(d) The employee shall show proof of the violation through direct and circumstantial 24
216-evidence. 25
217-(e) The employee may bring a prima facie case of violation of the law by proving they 26
218-reported an incident of workplace psychological abuse and was subsequently terminated, 27
219-threatened, or discriminated against in their employment. Once the prima facie case is established, 28
220-the employer may allege and provide a legitimate and nondiscriminatory ground for the 29
221-termination. If the employer alleges and provides such grounds, the employee shall show that the 30
222-grounds alleged by the employer was a mere pretext for termination. 31
223-28-60-12. Affirmative defense. 32
224-(a) An employer may establish an affirmative defense to limit damages for psychological 33
225-abuse under this chapter where the employer took all steps outlined in this chapter to acknowledge, 34
191+LC002613 - Page 6 of 13
192+provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all 1
193+such complaints. 2
194+(3) Post employees' rights under this chapter and employer reporting policies in such a 3
195+manner that all employees have access, including on the website, bulletin boards, job descriptions, 4
196+and in applicable promotional materials. Any employer who fails to notify and train all managers, 5
197+supervisors, and other representative employees and post notice of employees' rights under this 6
198+chapter shall be subject to fines and penalties by the wage and hour division not to exceed one 7
199+hundred dollars ($100) for each separate offense. 8
200+(4) Acknowledge employee complaints of psychologically abusive behavior in writing and 9
201+initiate a neutral third-party fact-finding professional investigation within five (5) business days of 10
202+a formal or informal complaint of an alleged violation of this chapter unless the danger is imminent 11
203+whereby immediate action is called for. Take all steps to assure immediate cessation of the alleged 12
204+violation which shall be included in the investigatory report, including removing the instigating 13
205+employee who allegedly violated this chapter from working with the complainant if necessary. 14
206+Ensure and monitor complainant's safety through separation from the alleged perpetrator during the 15
207+investigation and submit weekly written updates of the investigation's progress to the complainant. 16
208+(5) Implement and uphold an effective anti-retaliation provision that guarantees no 17
209+retaliation against any employee who has opposed any unlawful practice in a complaint under this 18
210+chapter. 19
211+(6) Complete the third-party investigation within thirty (30) business days of the initial 20
212+complaint and inform the complainant of its outcome. The investigator shall notify in writing the 21
213+complainant of any delay, if reasonable, not to exceed sixty (60) days. The complainant shall agree 22
214+on who is chosen as the third-party neutral investigator. The investigator shall not be hired for the 23
215+purposes of determining the complainant's legal standing or legal advantages and disadvantages. 24
216+(7) A neutral third-party investigator shall establish whether or not the creation of a toxic 25
217+work environment occurred which is the minimum level of damage under this chapter. The 26
218+investigator shall also establish whether or not subsequent injury occurred beyond the minimum 27
219+level of damage under this chapter. 28
220+(7) When psychological abuse occurs between employees of different employers, all 29
221+employers concerned shall be responsible for investigating the allegation of psychological abuse, 30
222+regardless of whether or not they are the direct employer of the complainant. 31
223+(9) If the outcome favors the complainant, issue an apology to the employee, reinstate work 32
224+if applicable, and coach and/or counsel and/or discipline the employee who violated the chapter. 33
225+(10) If another complaint occurs after coaching and is found in favor of the complainant, 34
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229-monitor, prevent, discourage, and adequately address the issues and complaints surrounding 1
230-allegations of psychological abuse and exercised reasonable care to prevent and promptly correct 2
231-any violation in this chapter or acted with just cause. 3
232-(b) Because this chapter requires employers to take all reasonable necessary steps to 4
233-adequately address complaints of psychological abuse, an employer shall not be exempt from 5
234-liability if the employer or its representative employees or supervisors knew or should have known 6
235-of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations 7
236-of psychological abuse and promptly correct the situation. 8
237-(c) This defense shall not be available when the employer or its representative employees 9
238-or supervisors engage in this conduct. 10
239-28-60-13. Remedies. 11
240-Complainants who prove a violation of this chapter shall be entitled to all remedies 12
241-necessary to make such complainants whole. Such remedies shall factor whether a toxic work 13
242-environment existed and/or whether or not injury resulted: 14
243-(1) An apology to the complainant employee and mandatory training and/or coaching 15
244-and/or counseling and/or discipline for violators of this chapter who remain with the employer ; 16
245-(2) Reinstatement of work; 17
246-(3) Economic damages for lost wages; 18
247-(4) Expenses related to treatment related to the psychological abuse including future 19
248-medical expenses for psychological injury or resulting physical injury; 20
249-(5) Compensable damages to compensate for the resulting pain and suffering and emotional 21
250-and psychological damages; 22
251-(6) Punitive damages to deter future acts of psychological abuse; 23
252-(7) Injunctive relief whereby the court may enjoin the defendant from engaging in the 24
253-unlawful employment practice; 25
254-(8) Public notification of the case outcome without disclosing the plaintiff's name if desired 26
255-by the plaintiff; 27
256-(9) Attorneys' fees for the prevailing plaintiff; and 28
257-(10) Any other relief deemed appropriate, including restorative measures, including 29
258-modification of the disciplinary record of the employee and/or organizational training. 30
259-28-60-14. Statute of limitations. 31
260-Any person who has a cause of action under the provisions of this chapter shall have the 32
261-later of a period of three (3) years to file said cause of action from the last alleged psychologically 33
262-abusive behavior from the employee with OSHA, or the department of labor and training, or a 34
228+LC002613 - Page 7 of 13
229+take the next step in the disciplinary process including removing supervisory duties from the 1
230+employee who violated this chapter and/or terminating the employee who violated this chapter. 2
231+(11) Apply evaluation and discipline processes evenly and fairly to all employees. 3
232+(12) Annually perform an anonymous workplace climate survey, with its results to be 4
233+submitted to OSHA (private sector employers) and the department of labor and training (public 5
234+sector employers) annually. 6
235+(13) Report quarterly the number of employee complaints of abusive behavior, employee 7
236+disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, 8
237+discrimination complaints, investigation rates, follow up action rates, the workforce gender and 9
238+racial makeup, and de-identified wage and salary data by protected category to OSHA (private 10
239+sector employers) and department of labor and training (public sector employers), who will make 11
240+this information publicly available, at a minimum under the Freedom of Information Act. 12
241+(c) If the employer proves to have exercised reasonable care to prevent and promptly 13
242+correct the conduct, such employer shall be held harmless from any claim under the provisions of 14
243+this chapter. Such immunity shall not be extended to the person who engaged in psychological 15
244+abuse in their personal capacity. 16
245+(d) The aggrieved employee shall have the following options to notify the employer of the 17
246+complaint without use of the employer's protocol: 18
247+(1) File a restraining order against the employee who violates this chapter dependent upon 19
248+applicable state law. 20
249+(2) Report the alleged violation of this chapter internally to initiate an internal investigation 21
250+within five (5) days of notification unless the danger is imminent whereby immediate response is 22
251+called for. 23
252+(3) Seek outside assistance. File a complaint (the employer will not receive a copy of the 24
253+complaint until there is litigation) that discloses the complainant's identity directly and only to 25
254+OSHA (private sector employees) or the department of labor and training (public sector 26
255+employees). These offices shall: 27
256+(i) Evaluate the conditions described in the complaint. 28
257+(ii) If it is determined that the complaint describes a potential OSHA violation, the case is 29
258+assigned to an inspector. 30
259+(iii) Contact the employer in writing and require the employer to respond by a due date 31
260+with proof that the hazard has been corrected; or make an appointment for a site visit prioritized 32
261+according to the nature of the hazard; or phone or visit the workplace the same day if there is 33
262+imminent danger. Issue fines and/or penalties, including legal action, to violators. 34
263263
264264
265-LC002613/SUB A - Page 8 of 9
266-private cause of action. If a claimant files a complaint with OSHA or the department of labor and 1
267-training, the statute of limitations for filing a private cause of action is tolled. 2
268-28-60-15. Severability clause. 3
269-If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter 4
270-are held to be unconstitutional or void, the holding to such effect shall not affect, impair, or 5
271-invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the 6
272-clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be 7
273-unconstitutional or void. 8
274-28-60-16. Conflict with laws. 9
275- (a) Nothing in this chapter should limit employee rights under any other law including the 10
276-OSH Act, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights 11
277-Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO 12
278-laws, the National Labor Relations Act (NLRA), and state labor rights laws. 13
279-(b) Nothing under this chapter shall restrict workers from negotiating broader protections 14
280-via collective bargaining or other concerted activity. 15
281-SECTION 2. This act shall take effect upon passage. 16
265+LC002613 - Page 8 of 13
266+(iv) Make violations of this chapter available to the public per the Freedom of Information 1
267+Act, redacting all private information as to the aggrieved employee, including their name to protect 2
268+their privacy and not interfere with future job prospects. 3
269+(v) If applicable, forward the complaint to another agency with jurisdiction. 4
270+(vi) Collect and maintain data on the effectiveness of this chapter as determined by a 5
271+decrease in employees self-reporting experiencing psychological abuse at work. 6
272+(vii) The method of funding these offices shall mirror workers' compensation fees. A 7
273+premium shall be charged to employers and will increase or decrease with the number of 8
274+proven/accepted claims with a penalty assessed: 9
275+(A) Employers grossing more than one million dollars ($1,000,000) annually are taxed 10
276+fifteen hundredths percent (0.015%) on earnings each quarter or minimum of fifteen thousand 11
277+dollars ($15,000) annually. 12
278+(B) Employers grossing five hundred thousand dollars ($500,000) up to nine hundred 13
279+ninety-nine thousand nine hundred ninety-nine dollars ($999,999) annually are taxed ten 14
280+hundredths percent (0.010%) on earnings quarterly with a maximum of ten thousand dollars 15
281+($10,000) annually. 16
282+(C) Employers grossing two hundred thousand dollars ($200,000) up to four hundred 17
283+ninety-nine thousand nine hundred ninety-nine dollars ($499,999) annually are taxed five 18
284+thousandths percent (0.005%) on earnings quarterly with a maximum of two thousand five hundred 19
285+dollars ($2,500) annually. 20
286+(D) Employers who have two (2) employees, the owner and at least one other employee, 21
287+grossing less than one hundred ninety-nine thousand nine hundred ninety-nine dollars ($199,999) 22
288+annually are taxed two thousandths percent (0.002%) on earnings quarterly with a maximum of 23
289+four hundred dollars ($400) annually. 24
290+(viii) Since state antidiscrimination commissions and the EEOC do not routinely take part 25
291+in the investigation of cases, the EEOC and state antidiscrimination commissions shall not be 26
292+designated with oversight unless the scope of these agencies change. 27
293+(4) Sue the employer and/or individual(s) in violation of this chapter directly through the 28
294+judicial branch. 29
295+28-60-10. Employer liability. 30
296+Any employer that allows, engages in, or promotes psychological abuse whereby creating 31
297+a toxic work environment shall be liable to the affected employee(s). 32
298+Every employer shall: 33
299+(1) Be liable for failing to take the appropriate measures to provide employees with a 34
300+
301+
302+LC002613 - Page 9 of 13
303+psychologically safe work environment as outlined in this chapter. 1
304+(2) Be liable for engaging in any violation of this chapter. 2
305+(3) Be liable for any damages, including economic, compensatory, and punitive damages, 3
306+to any employee who has been subjected to work in a toxic work environment as outlined in this 4
307+chapter in the scope of their employment unless the employer can demonstrate they have met all 5
308+elements of the affirmative defense provided in ยงยง 28-60-9(c) and 28-60-13. An employee is 6
309+entitled to recover the greater of all actual damages or five thousand dollars ($5,000) for each 7
310+violation of this chapter. 8
311+(4) Be strictly liable for all damages, including economic, compensatory, and punitive 9
312+damages, resulting from any prohibited behaviors of this chapter carried out by a supervisor or 10
313+representative employee of such employer. 11
314+(5) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees 12
315+and costs. A prevailing employer shall not be awarded fees and costs. 13
316+28-60-11. Individual liability. 14
317+(a) Any employee, representative or otherwise, who knowingly allows, engages in, or 15
318+promotes psychological abuse creating a toxic work environment and/or subsequent injury shall be 16
319+civilly liable for an amount equal to double the amount of damages caused by the improper conduct 17
320+to the affected employee and may be prosecuted and punished pursuant to the provisions of 18
321+subsection (b) of this section. 19
322+(b) Any employee, representative or otherwise, who allows, engages in, or promotes 20
323+psychological abuse creating a toxic work environment and/or subsequent injury shall be guilty of 21
324+a misdemeanor and upon conviction, shall be punished by up to one year imprisonment or a fine in 22
325+an amount up to fifteen thousand dollars ($15,000) or both. 23
326+(c) It shall be an affirmative defense for an employee if that employee committed a 24
327+violation of this chapter at the direction of the employer or a representative employee under threat 25
328+of continued employment, termination, or any other such threat. 26
329+(d) Employers and employees can be held liable under this chapter, but an employer or 27
330+representative employee cannot hold an employee civilly or criminally liable under this chapter. 28
331+28-60-12. Scope of the protection. 29
332+(a) Any person who reports psychological abuse shall be protected by this chapter. 30
333+(b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under 31
334+this chapter or to attempt to do so. 32
335+(c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere 33
336+with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful 34
337+
338+
339+LC002613 - Page 10 of 13
340+employment practices or exercise of any right under this chapter, including, but not limited to, an 1
341+employee as to the terms, conditions, compensation, location, benefits, or privileges of employment 2
342+because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, 3
343+statement, information, or claim to a labor union, human resources office, employer office, 4
344+legislative, administrative, or judicial forum, or any other internal or external office or otherwise 5
345+engages in any other reasonable participation in a claim under this chapter insofar as such 6
346+statements constitute a disclosure of privileged information as provided by law. 7
347+(d) The employee shall show proof of the violation through direct and circumstantial 8
348+evidence. 9
349+(e) The employee may bring a prima facie case of violation of the law by proving they 10
350+reported an incident of workplace psychological abuse and was subsequently terminated, 11
351+threatened, or discriminated against in their employment. Once the prima facie case is established, 12
352+the employer may allege and provide a legitimate and nondiscriminatory ground for the 13
353+termination. If the employer alleges and provides such grounds, the employee shall show that the 14
354+grounds alleged by the employer was a mere pretext for termination. 15
355+28-60-13. Affirmative defense. 16
356+(a) An employer may establish an affirmative defense to limit damages for psychological 17
357+abuse under this chapter where the employer took all steps outlined in this chapter to acknowledge, 18
358+monitor, prevent, discourage, and adequately address the issues and complaints surrounding 19
359+allegations of psychological abuse and exercised reasonable care to prevent and promptly correct 20
360+any violation in this chapter or acted with just cause. 21
361+(b) Because this chapter requires employers to take all reasonable necessary steps to 22
362+adequately address complaints of psychological abuse, an employer shall not be exempt from 23
363+liability if the employer or its representative employees or supervisors knew or should have known 24
364+of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations 25
365+of psychological abuse and promptly correct the situation. 26
366+(c) This defense shall not be available when the employer or its representative employees 27
367+or supervisors engage in this conduct. 28
368+28-60-14. Remedies. 29
369+Complainants who prove a violation of this chapter shall be entitled to all remedies 30
370+necessary to make such complainants whole. Such remedies shall factor whether a toxic work 31
371+environment existed and/or whether or not injury resulted: 32
372+(1) An apology to the complainant employee and mandatory training and/or coaching 33
373+and/or counseling and/or discipline for violators of this chapter who remain with the employer. 34
374+
375+
376+LC002613 - Page 11 of 13
377+Employers shall not limit themselves to this remedy; 1
378+(2) Reinstatement of work; 2
379+(3) Removal of the employee who violated this chapter from supervisory duties or 3
380+termination of said employee; 4
381+(4) Economic damages for lost wages, both front pay up to twenty-four (24) months and 5
382+back pay; 6
383+(5) Expenses related to treatment related to the psychological abuse including future 7
384+medical expenses for psychological injury or resulting physical injury; 8
385+(6) Compensable damages to compensate for the resulting pain and suffering and emotional 9
386+and psychological damages; 10
387+(7) Punitive damages to deter future acts of psychological abuse; 11
388+(8) Injunctive relief whereby the court may enjoin the defendant from engaging in the 12
389+unlawful employment practice; 13
390+(9) Public notification of the case outcome without disclosing the plaintiff's name if desired 14
391+by the plaintiff; 15
392+(10) Attorneys' fees for the prevailing plaintiff; and 16
393+(11) Any other relief deemed appropriate, including restorative measures, including 17
394+modification of the disciplinary record of the employee and/or organizational training. 18
395+28-60-15. Statute of limitations. 19
396+Any person who has a cause of action under the provisions of this chapter shall have the 20
397+later of a period of three (3) years to file said cause of action from the last alleged psychologically 21
398+abusive behavior from the employee with OSHA, or the department of labor and training, or a 22
399+private cause of action. If a claimant files a complaint with OSHA or the department of labor and 23
400+training, the statute of limitations for filing a private cause of action is tolled. 24
401+28-60-16. Summary proceeding. 25
402+Notwithstanding any general or special law to the contrary, in any judicial proceeding 26
403+instituted for violations of the provisions of this chapter, the aggrieved person may choose to bring 27
404+their cause of action through a summary proceeding. For purposes of this section, a summary 28
405+proceeding shall be conducted by a superior court judge sitting without a jury. The Rhode Island 29
406+court rules of evidence shall not apply, except as to privilege, in a summary proceeding but shall 30
407+be considered as a guide toward full and fair development of the facts, The court shall consider all 31
408+evidence presented and give it the weight and effect deemed appropriate. 32
409+28-60-17. Severability clause. 33
410+If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter 34
411+
412+
413+LC002613 - Page 12 of 13
414+are held to be unconstitutional or void, the holding to such effect shall not affect, impair, or 1
415+invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the 2
416+clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be 3
417+unconstitutional or void. 4
418+28-60-18. Conflict with laws. 5
419+ (a) Nothing in this chapter should limit employee rights under any other law including the 6
420+OSH Act, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights 7
421+Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO 8
422+laws, the National Labor Relations Act (NLRA), and state labor rights laws. 9
423+(b) Nothing under this chapter shall restrict workers from negotiating broader protections 10
424+via collective bargaining or other concerted activity. 11
425+SECTION 2. This act shall take effect upon passage. 12
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288432 EXPLANATION
289433 BY THE LEGISLATIVE COUNCIL
290434 OF
291435 A N A C T
292436 RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGI CAL
293437 SAFETY ACT
294438 ***
295439 This act would prohibit any type of psychological abuse in the workplace inflicted by an 1
296440 employer upon an employee or by a co-employee upon an employee that results in the violation of 2
297441 an employee's right to a physically and psychologically safe work environment. 3
298442 This act would also provide an employee subject to bullying, psychological abuse, 4
299443 psychological injury and/or physical injury with protections in the workplace and civil remedies 5
300444 against perpetrators of any prohibited activity. This act also would assess civil penalties upon 6
301445 employers violating the act based upon the gross amount of revenues earned by employers in 7
302446 addition to civil liability for damages sustained by the employee as well as civil and criminal 8
303447 liability for any such conduct of a co-employee. 9
304448 This act would take effect upon passage. 10
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450+LC002613
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308452