2024 -- H 7650

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LC004449

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES -

- EXTREME TEMPERATURE EMPLOYEE PROTECTION

     Introduced By: Representatives Morales, Slater, DeSimone, McGaw, Henries, Handy,
Fogarty, Bennett, Stewart, and McNamara

     Date Introduced: February 15, 2024

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

hereby amended by adding thereto the following section:

     28-5-44. Extreme temperatures employee protection.

     (a) As used herein, the term “extreme temperatures” means temperatures at or above ninety

degrees (90°) Fahrenheit, or at or below thirty-two degrees (32°) Fahrenheit.

     (b) Employers shall implement plans to prevent and reduce exposure of employees to

extreme temperatures. These plans shall include the following:

     (1) Employees shall have access to paid rest breaks, adequate shade, warming or cooling

stations, drinking water, personal protective equipment, and other protections from extreme

temperatures in regard to heat and cold.

     (2) Supervisors and managers shall:

     (i) Be trained quarterly to recognize the signs of overexposure to hot and cold temperatures,

such as injuries and illnesses caused by extreme temperatures, and ensure that appropriate personal

protective equipment is available such as hats, gloves, winter coats, cooling vests, and sunscreen

as appropriate for the extreme temperatures; and

     (ii) Ensure that heating and cooling equipment is maintained and functional.

     (3) Further protections shall be established for employees who work in vehicles and are

exposed to extreme temperatures. Employees who spend more than sixty (60) minutes in vehicles,

or whose workplace is considered a vehicle, shall have adequate insulation and heating/cooling

equipment within the vehicle to protect the occupants from extreme heat or cold.

     (4) Further protections shall be established for employees who work in a warehouse and

are exposed to extreme temperatures. Employees who spend more than sixty (60) minutes in a

warehouse, or whose workplace is considered a warehouse, shall have adequate insulation and

heating/cooling equipment within the warehouse to protect the employees from extreme heat or

cold.

     (5) Further protections shall be established for employees who work outdoors, including,

but not limited to, construction sites, farms, vineyards, recreation, and fishing sites, and who are

exposed to extreme temperatures. Employees who spend more than sixty (60) minutes outdoors, or

whose workplace is considered outdoors, shall have adequate heating and cooling equipment within

the working space to protect the employees from extreme heat or cold.

     (6) Free and effective training for employees on temperature safety shall be provided. This

training shall take place quarterly during work hours and include the following elements:

     (i) Inform and assist employees to identify the risk factors, signs, and symptoms of cold

stress and heat related illnesses and the necessary medical responses;

     (ii) Inform the employees of the paid rest breaks, adequate shade, warming or cooling

stations, drinking water, personal protective equipment, heating and cooling equipment, and other

protections which shall be provided;

     (iii) Outline and clarify the employer's procedures for monitoring temperature conditions

and provide workers with the ability to participate in the monitoring process; and

     (iv) Demonstrate the proper use of personal protective equipment, such as hats, gloves,

winter coats, cooling vests, sunscreen, and related protective equipment.

     (c) For any employer to discharge employees or discriminate against them resulting from

the failure of an employer to implement or perform any of the duties required by this section shall

be an unlawful employment practice in addition to the provisions of § 28-5-7.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES -

- EXTREME TEMPERATURE EMPLOYEE PROTECTION

***

     This act would require employers to take certain actions to protect their employees who

are exposed to extreme hot and cold temperatures, such as vehicle drivers, warehouse employees,

and employees who work outdoors. The failure of the employer to implement or perform any of

those actions would be an unlawful employment practice.

     This act would take effect upon passage.

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