Chapter 153

2003 -- S 0858

Enacted 07/10/03

AN ACT

RELATING TO INDUSTRIAL LEGISLATION

Introduced By: Senator Kevin A. Breene

Date Introduced: February 26, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 28-19 of the General Laws entitled "Industrial Registration" is

hereby repealed in its entirety.

CHAPTER 28-19

Industrial Registration

28-19-1. Purpose of chapter. -- The state of Rhode Island, through the department of

labor and training, has striven to remove all unsafe and unhealthy conditions from the work place.

To achieve this goal, agencies of the state have been given the right to inspect and enforce health

and safety statutes and regulations in specific areas. To create a unified ability to enforce these

rules and regulations and insure safe and healthy working conditions this chapter establishes an

industrial registration program in order to identify those industries fostering those conditions.

28-19-2. Definitions. -- The following terms as used in this chapter have the following

meanings:

(1) "Department" means department of labor and training;

(2) "Director" means the director of the department of labor and training;

(3) "Facility" means location of manufacturing;

(4) "Industry" means those persons or organizations engaged in the manufacturing of a

product or a related field designated by the code commission for occupational safety and health as

subject to a registration program in order to prevent unsafe or unhealthy working conditions;

(5) "Manufacturing" means all activities prior to the sale of the finished product or

shipment of unfinished products out of the state except those processes or industries or portions

of industries deemed by the code commission for occupational safety and health not to require

registration;

(6) "Person" or "persons" means an individual, corporation, partnership, association,

firm, trustee, receiver, or assignee for benefit of corporation operating a facility registered

pursuant to this chapter;

(7) "Portion of industry" means a segment of industry as identified by a four (4) digit

code in the standard industrial classification manual of the United States office of management

and budget;

(8) "Product" means all items manufactured by an industry subject to registration

pursuant to this chapter.

28-19-3. Industrial registration. -- The code commission for occupational safety and

health established pursuant to section 28-20-22 shall determine at public hearing those industries

or portions of industries which by experience, as evidenced by statistics compiled or maintained

by the department and by those other state and federal agencies as may be appropriate, may foster

conditions jeopardizing the health and safety of employees or the public. Those industries or

portions of industries cited by the commission shall be required to register with the department on

an annual basis. Manufacturing facilities or industries or portions of them subject to registration

shall be subject to an inspection pursuant to this chapter and for compliance with standards

established in accordance with chapters 1.1, 27.2, 27.3, 24, 24.1, and 24.2 of title 23 and chapters

18 and 20 of this title.

28-19-4. Registration. -- (a) (1) Those persons operating industries or portions of

industries subject to registration under the provisions of this chapter shall, on an annual basis,

submit a registration application form to the department.

(2) The registration application form shall be provided by the department and contain the

necessary information.

(3) A form must be filed for each facility operated by an industry unless the facility is

deemed exempt by the department.

(b) (1) Upon receipt of the registration application form, a registration certificate shall be

issued which must be posted in a conspicuous place at the facility whose address appears on the

certificate.

(2) Registration certificates are not be transferable and whenever a facility is operated by

a different person within the meaning of this chapter or moved to a different address, a new

application must be filed.

28-19-5. Annual registration fee. -- Those persons operating industries or portions of

industries subject to registration under this chapter shall, on an annual basis, pay to the

department an annual registration fee of fifty dollars ($50.00) per facility.

28-19-6. Inspections. -- Whenever it is deemed necessary, the director authorizes

inspections to be conducted in accordance with chapter 20 of this title of facilities subject to

registration. The department shall report to the state department of health, building code

commission, and state fire marshal any condition which potentially violates those chapters

enumerated in section 28-19-3.

28-19-7. Inspection by other agencies -- Reporting to department. -- Upon receipt of a

notice of potential violation from the department, the department of health, building code

commission, or state fire marshal shall inspect the facility and report to the department within

thirty (30) days. The director or his or her authorized representative shall maintain all records

concerning reported violations as well as the results of inspections by the department of health,

building code commission, or state fire marshal.

28-19-8. Subpoena powers. -- In the administration of this chapter, the director or his or

her authorized representative may exercise the power given to him or her under section 28-20-12.

28-19-9. Rules and regulations. -- The director shall promulgate those rules and

regulations that are necessary to carry out the intent and purpose of this chapter pursuant to

chapter 35 of title 42. The director shall provide forms and procedures related to the enforcement

of this chapter to ensure that the person or persons operating the industries or portions of

industries shall not be required to file with the department of labor and training more than one

registration, license, application, and/or certificate form or pay more than one fee to the

department, if those person or persons are required to obtain a permit in accordance with sections

28-18-5.1 -- 28-18-5.4.

28-19-10. Appeals. -- Those persons aggrieved by a decision of the director or the code

commission for occupational safety and health may appeal that decision to the occupational

safety review board established pursuant to section 28-20-19.

28-19-11. Judicial review. -- Any person who is aggrieved by a decision of the

occupational safety review board may appeal from the decision pursuant to chapter 35 of title 42.

28-19-12. Revocation or suspension of registration. -- The director may revoke or

suspend the registration of any person for a violation of this chapter or those chapters enumerated

in section 28-19-3. No registration shall be suspended or revoked unless the holder of the

registration has had reasonable notice and opportunity to be heard.

28-19-13. Penalty for violations. -- In addition to any penalty assessed for failure to

comply with those chapters enumerated in section 28-19-3, penalties for violations of this chapter

are assessed as a civil penalty of not more than one thousand dollars ($1,000) for each violation.

Enforcement of the penalties is conducted in accordance with chapter 20 of this title.

28-19-14. Severability. -- If provisions of this chapter or the application of any of them

to any person or circumstance are held invalid, the remaining provisions of this chapter and the

application of the provisions to other persons or circumstances shall not be affected by the

invalidity.

SECTION 2. This act shall take effect upon passage.     

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LC02241

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