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| 5 | 5 | | 2025 -- H 5305 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000638 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- DIVISION OF OCCUPATIONAL HEA LTH |
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| 16 | 16 | | Introduced By: Representatives Morales, Furtado, McNamara, Stewart, Shanley, |
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| 17 | 17 | | Casimiro, Alzate, McEntee, Potter, and Cruz |
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| 18 | 18 | | Date Introduced: February 05, 2025 |
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| 19 | 19 | | Referred To: House Labor |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 23-1.1 of the General Laws entitled "Division of Occupational 1 |
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| 24 | 24 | | Health" is hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 23-1.1-18. Extreme temperatures employee protection. 3 |
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| 26 | 26 | | (a) As used herein, the term “extreme temperatures” means temperatures at or above ninety 4 |
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| 27 | 27 | | degrees Fahrenheit (90° F), or at or below thirty-two degrees Fahrenheit (32° F). 5 |
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| 28 | 28 | | (b) Employers shall implement plans and conduct business activities to prevent and reduce 6 |
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| 29 | 29 | | exposure of employees to extreme temperatures. These plans and activities shall include, but not 7 |
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| 30 | 30 | | be limited to, the following: 8 |
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| 31 | 31 | | (1) Employees shall have access to paid rest breaks, adequate shade, warming or cooling 9 |
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| 32 | 32 | | stations, drinking water, personal protective equipment, and other protections from extreme 10 |
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| 33 | 33 | | temperatures in regard to heat and cold. 11 |
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| 34 | 34 | | (2) Pursuant to a program established in accordance with the provisions of subsection (c) 12 |
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| 35 | 35 | | of this section, employers shall require supervisors and managers to: 13 |
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| 36 | 36 | | (i) Complete the department of health’s online public tutorial program quarterly to 14 |
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| 37 | 37 | | recognize the signs of overexposure to hot and cold temperatures, such as injuries and illnesses 15 |
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| 38 | 38 | | caused by extreme temperatures, and ensure that appropriate personal protective equipment is 16 |
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| 39 | 39 | | available such as hats, gloves, winter coats, cooling vests, and sunscreen as appropriate for the 17 |
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| 40 | 40 | | extreme temperatures; and 18 |
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| 41 | 41 | | (ii) Ensure that heating and cooling equipment is maintained and functional. 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000638 - Page 2 of 4 |
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| 45 | 45 | | (3) Further protections shall be established for employees who work in vehicles. 1 |
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| 46 | 46 | | Employees who spend more than sixty (60) minutes in vehicles, or whose workplace is considered 2 |
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| 47 | 47 | | a vehicle, shall have adequate insulation and heating/cooling equipment within the vehicle to 3 |
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| 48 | 48 | | protect the occupants from extreme heat or cold. 4 |
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| 49 | 49 | | (4) Further protections shall be established for employees who work in a warehouse. 5 |
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| 50 | 50 | | Employees who spend more than sixty (60) minutes in a warehouse, or whose workplace is 6 |
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| 51 | 51 | | considered a warehouse, shall have adequate insulation and heating/cooling equipment within the 7 |
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| 52 | 52 | | warehouse to protect the employees from extreme heat or cold. 8 |
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| 53 | 53 | | (5) Further protections shall be established for employees who work outdoors, including, 9 |
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| 54 | 54 | | but not limited to, construction sites, farms, vineyards, recreation, and fishing sites. Employees who 10 |
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| 55 | 55 | | spend more than sixty (60) minutes outdoors, or whose workplace is considered outdoors, shall 11 |
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| 56 | 56 | | have adequate heating and cooling equipment within the working space to protect the employees 12 |
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| 57 | 57 | | from extreme heat or cold. 13 |
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| 58 | 58 | | (6) Pursuant to subsection (c) of this section, free and effective training on temperature 14 |
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| 59 | 59 | | safety shall be provided quarterly for employees who work in a warehouse, in vehicles, or outdoors, 15 |
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| 60 | 60 | | including, but not limited to, construction sites, farms, vineyards, recreation, and fishing sites. This 16 |
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| 61 | 61 | | training shall take place quarterly during work hours and include the following elements: 17 |
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| 62 | 62 | | (i) Inform and assist employees to identify the risk factors, signs, and symptoms of cold 18 |
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| 63 | 63 | | stress and heat related illnesses and the necessary medical responses; 19 |
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| 64 | 64 | | (ii) Inform the employees of the paid rest breaks, adequate shade, warming or cooling 20 |
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| 65 | 65 | | stations, drinking water, personal protective equipment, heating and cooling equipment, and other 21 |
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| 66 | 66 | | protections which shall be provided; 22 |
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| 67 | 67 | | (iii) Outline and clarify the employer's procedures for monitoring temperature conditions 23 |
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| 68 | 68 | | and provide workers with the ability to participate in the monitoring process; and 24 |
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| 69 | 69 | | (iv) Demonstrate the proper use of personal protective equipment, such as hats, gloves, 25 |
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| 70 | 70 | | winter coats, cooling vests, sunscreen, and related protective equipment. 26 |
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| 71 | 71 | | (c) The department of health shall create and implement an online public tutorial program 27 |
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| 72 | 72 | | for supervisors and managers to recognize the signs of overexposure to hot and cold temperatures, 28 |
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| 73 | 73 | | such as injuries and illnesses caused by extreme temperatures, and ensure that appropriate personal 29 |
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| 74 | 74 | | protective equipment is available, including hats, gloves, winter coats, cooling vests, and sunscreen, 30 |
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| 75 | 75 | | as appropriate for the extreme temperatures. 31 |
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| 76 | 76 | | (d) For any employer to discharge employees or discriminate against them resulting from 32 |
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| 77 | 77 | | the failure of an employer to implement or perform any of the duties required by this section shall 33 |
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| 78 | 78 | | be an unlawful employment practice in addition to the provisions of § 28-5-7. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000638 - Page 3 of 4 |
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| 82 | 82 | | (e) The department of health may promulgate rules and regulations as necessary to 1 |
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| 83 | 83 | | implement and administer this section. 2 |
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| 84 | 84 | | SECTION 2. This act shall take effect on January 1, 2026. 3 |
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| 85 | 85 | | ======== |
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| 86 | 86 | | LC000638 |
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| 87 | 87 | | ======== |
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| 88 | 88 | | |
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| 89 | 89 | | |
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| 90 | 90 | | LC000638 - Page 4 of 4 |
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| 91 | 91 | | EXPLANATION |
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| 92 | 92 | | BY THE LEGISLATIVE COUNCIL |
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| 93 | 93 | | OF |
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| 94 | 94 | | A N A C T |
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| 95 | 95 | | RELATING TO HEALTH AND SAFETY -- DIVISION OF OCCUPATIONAL HEALTH |
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| 96 | 96 | | *** |
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| 97 | 97 | | This act would require employers to protect employees from extreme temperatures through 1 |
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| 98 | 98 | | rest breaks, PPE, training, and equipment, and mandate training, to recognize and mitigate heat- 2 |
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| 99 | 99 | | and cold-related risks. The act would require the department of health to establish and implement 3 |
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| 100 | 100 | | the training program. 4 |
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| 101 | 101 | | This act would take effect on January 1, 2026. 5 |
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| 102 | 102 | | ======== |
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| 103 | 103 | | LC000638 |
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| 104 | 104 | | ======== |
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