2024 -- S 2473 | |
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LC004520 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- WORKPLACE PSYCHOLOGICAL | |
SAFETY ACT | |
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Introduced By: Senators Ciccone, Sosnowski, F. Lombardi, Bissaillon, Rogers, E | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 60 |
4 | WORKPLACE PSYCHOLOGICAL SAFETY ACT |
5 | 28-60-1. Short title. |
6 | This chapter shall be known and may be cited as the "Workplace Psychological Safety |
7 | Act." |
8 | 28-60-2. Public policy. |
9 | (a) This chapter sets forth a public policy acknowledging and addressing the relevance and |
10 | importance of mental health as an integral aspect of human well-being, and therefore, employee |
11 | well-being. This chapter also sets forth a public policy against any type of psychological abuse that: |
12 | (1) Violates an employee's right to a physically and psychologically safe work |
13 | environment; and |
14 | (2) Injures an employee, hinders the performance of an employee, stigmatizes the |
15 | employee, and/or undermines the dignity of the employee. |
16 | (b) This chapter declares and reasserts the obligation of employers to keep their employees |
17 | and the work environment safe as set forth in laws throughout the state and the federal government, |
18 | including the Department of Labor Standards, a part of the Executive Office of Labor and |
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1 | Workforce Development, U.S. Department of Labor and the U.S. Occupational Safety and Health |
2 | Act, (OSHA) which includes psychological safety. |
3 | 28-60-3. Purpose. |
4 | It is the purpose of this chapter to: |
5 | (1) Recognize and protect an employee's right not only to a physically safe work |
6 | environment but also to a psychologically safe work environment in the workplace. |
7 | (2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent, |
8 | discourage, and adequately address issues of psychological abuse in the workplace. |
9 | (3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage, |
10 | and adequately address issues of psychological abuse to eliminate such behaviors before they |
11 | disrupt the safety of the work environment and/or cause subsequent harm to employees. |
12 | (4) Provide legal relief and remedy for employees harmed psychologically, emotionally, |
13 | physically, professionally, or economically by exposure to an unsafe, toxic work environment, |
14 | including any subsequent damages to make employees whole. |
15 | 28-60-4. Scope of application. |
16 | This chapter shall apply to all employees regardless of the nature of their job. |
17 | 28-60-5. Definitions. |
18 | For the purposes of this chapter, the terms used herein shall have the meanings set forth in |
19 | this section: |
20 | (1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s), |
21 | especially superior(s) to subordinate(s). |
22 | (2) "Mobbing" means an interpersonal abuse system that operates employer-to- |
23 | employee(s). |
24 | (3) "Physical injury" means impairment of a person's physical health or bodily integrity as |
25 | established by competent evidence and may manifest mentally, emotionally, or physically. |
26 | (4) "Psychological abuse" means mentally provocative harassment. Mistreatment that has |
27 | the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally. |
28 | (5) "Psychological injury" means impairment of a person's mental health as established by |
29 | competent evidence and may manifest mentally, emotionally, or physically. |
30 | (6) "Reasonable person" means an unbiased person who displays reason, fairness, caution, |
31 | and care. |
32 | (7) ''Representative employee" means administrative employees in leadership and/or |
33 | management positions whose responsibility is to oversee and enforce organizational policies |
34 | including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors, |
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1 | members of a board of directors, or employees in human resources, legal, or diversity, equity, and |
2 | inclusion. |
3 | (8) "Third party" means a neutral person with no prior affiliation with the parties. |
4 | (9) "Toxic work environment" means an intolerable employment condition in which a |
5 | reasonable person would find it difficult, uncomfortable, and/or an impossible environment to |
6 | perform their workplace duties and tasks. |
7 | 28-60-6. Employee right to dignity and a psychologically safe work environment. |
8 | Every employee shall have the right to a work environment that is safe and affords them |
9 | the dignity to which all human beings are entitled, free from all forms of psychological abuse. |
10 | 28-60-7. Employer responsibility to provide safe work environments and ensure |
11 | worker dignity. |
12 | Employers have a general duty to provide a safe work environment free from all forms of |
13 | abuse including psychological abuse. Employers have a general duty to ensure that all employees |
14 | are treated respectfully and with dignity. |
15 | 28-60-8. Prohibited activity. |
16 | (a) It shall be an unlawful employment practice for any employer or employee to engage |
17 | in the psychological abuse of another employee that creates a toxic work environment in which a |
18 | reasonable person would find intolerable to perform their regular workplace duties and tasks, has |
19 | the ability to cause injury, and/or jeopardizes future career prospects without just cause. The |
20 | determination of which shall be conducted from the view of a reasonable person under the totality |
21 | of the circumstances, its impact on the work environment of the employee, and/or its subsequent |
22 | impact on the employee's well-being. |
23 | (b) It shall be an unlawful employment practice to retaliate in any manner against an |
24 | employee who has opposed any unlawful employment practices under this chapter, including, but |
25 | not limited to, filing a claim internally or externally on behalf of oneself or another objecting to |
26 | behavior in violation of this chapter whether as an complainant, witness, or advocate. |
27 | (c) It shall be an unlawful employment practice to require any complainant under this |
28 | chapter to enter into mediation or forced arbitration. |
29 | (d) Conduct that does not constitute psychological abuse includes, but is not limited to: |
30 | (1) Acts intended to exercise a supervisor's authority to discipline with just cause and |
31 | conducted in a progressive disciplinary manner in compliance with policies and laws; |
32 | (2) Demands for protecting the confidentiality of the services provided by the employer; |
33 | (3) The formulation or promulgation of regulations or memoranda to direct the operations, |
34 | maximize efficiency, and evaluate employees' performance based on the general objectives of the |
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1 | employer; |
2 | (4) The temporary assignment of additional duties when necessary to ensure the continuity |
3 | of services; |
4 | (5) Administrative actions directed to the completion of an employment agreement, with |
5 | cause; and |
6 | (6) Employer's affirmative actions to enforce the provisions of a human resources |
7 | regulation, clauses of employment agreements, or obligations, duties, and prohibitions established |
8 | by law. |
9 | (e) Concerted activity/Section 7 activity under the National Labor Relations Act as |
10 | interpreted by the National Labor Relations Board shall not be construed as psychological abuse. |
11 | 28-60-9. Procedure. |
12 | (a) Every employer shall be responsible for taking all reasonable measures to acknowledge, |
13 | monitor, prevent, discourage, and adequately address incidents of psychological abuse. |
14 | (b) Within one hundred eighty (180) days every employer shall: |
15 | (1) Adopt and implement preventive and detective internal policies against psychological |
16 | abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a |
17 | broad reporting procedure, including formal and informal reporting methods. |
18 | (2) Notify and train all managers, supervisors, and other representative employees as to |
19 | handling complaints of psychologically abusive behavior, including the employer's reporting |
20 | provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all |
21 | such complaints. |
22 | (3) Post employees' rights under this chapter and employer reporting policies in such a |
23 | manner that all employees have access, including on the website, bulletin boards, job descriptions, |
24 | and in applicable promotional materials. |
25 | (4) Implement and uphold an effective anti-retaliation provision that guarantees no |
26 | retaliation against any employee who has opposed any unlawful practice in a complaint under this |
27 | chapter. |
28 | (5) Implement an investigation policy for all complaints of psychologically abusive |
29 | behavior which includes notice provisions for complainant regarding the status, completion, and |
30 | outcome of the complaint and imposes a policy of progressive discipline for any employee |
31 | determined to have engaged in psychologically abusive behavior. |
32 | (6) Apply evaluation and discipline processes evenly and fairly to all employees. |
33 | (7) Annually perform an anonymous workplace climate survey, with its results to be |
34 | submitted to OSHA (private sector employers) and the department of labor and training (public |
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1 | sector employers) annually. |
2 | (8) Report annually the number of employee complaints of abusive behavior, employee |
3 | disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates, |
4 | discrimination complaints, investigation rates, follow up action rates, the workforce gender and |
5 | racial makeup, and de-identified wage and salary data by protected category to OSHA (private |
6 | sector employers) and department of labor and training (public sector employers), who will make |
7 | this information publicly available, at a minimum under the Freedom of Information Act. |
8 | (c) If the employer proves to have exercised reasonable care to prevent and promptly |
9 | correct the conduct, such employer shall be held harmless from any claim under the provisions of |
10 | this chapter. |
11 | (d) The aggrieved employee shall have the following options to notify the employer of the |
12 | complaint without use of the employer's protocol: |
13 | (1) File a complaint (the employer will not receive a copy of the complaint until there is |
14 | litigation) that discloses the complainant's identity directly and only to OSHA (private sector |
15 | employees) or the department of labor and training (public sector employees). These offices shall: |
16 | (i) Evaluate the conditions described in the complaint. |
17 | (ii) If it is determined that the complaint describes a potential OSHA violation, the case is |
18 | assigned to an inspector. |
19 | (iii) Contact the employer in writing and require the employer to respond by a due date |
20 | with proof that the hazard has been corrected; or make an appointment for a site visit prioritized |
21 | according to the nature of the hazard; or phone or visit the workplace the same day if there is |
22 | imminent danger and issue fines and/or penalties, including legal action, to violators. |
23 | (iv) Make violations of this chapter available to the public per the Freedom of Information |
24 | Act, redacting all private information as to the aggrieved employee, including their name to protect |
25 | their privacy and not interfere with future job prospects. |
26 | (v) If applicable, forward the complaint to another agency with jurisdiction. |
27 | (vi) Collect and maintain data on the effectiveness of this chapter as determined by a |
28 | decrease in employees self-reporting experiencing psychological abuse at work. |
29 | (2) File suit against the employer for violation(s) of this chapter directly through the |
30 | judicial branch. |
31 | 28-60-10. Employer liability. |
32 | Any employer that allows, engages in, or promotes psychological abuse whereby creating |
33 | a toxic work environment shall be liable to the affected employee(s). |
34 | Every employer shall: |
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1 | (1) Be liable for failing to take the appropriate measures to provide employees with a |
2 | psychologically safe work environment as outlined in this chapter. |
3 | (2) Be liable for engaging in any violation of this chapter. |
4 | (3) Be liable for any damages, including economic, compensatory, and punitive damages, |
5 | to any employee who has been subjected to work in a toxic work environment as outlined in this |
6 | chapter in the scope of their employment unless the employer can demonstrate they have met all |
7 | elements of the affirmative defense provided in ยง 28-60-12. An employee is entitled to recover the |
8 | greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter. |
9 | (4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees |
10 | and costs. |
11 | 28-60-11. Scope of the protection. |
12 | (a) Any person who reports psychological abuse shall be protected by this chapter. |
13 | (b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under |
14 | this chapter or to attempt to do so. |
15 | (c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere |
16 | with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful |
17 | employment practices or exercise of any right under this chapter, including, but not limited to, an |
18 | employee as to the terms, conditions, compensation, location, benefits, or privileges of employment |
19 | because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, |
20 | statement, information, or claim to a labor union, human resources office, employer office, |
21 | legislative, administrative, or judicial forum, or any other internal or external office or otherwise |
22 | engages in any other reasonable participation in a claim under this chapter insofar as such |
23 | statements constitute a disclosure of privileged information as provided by law. |
24 | (d) The employee shall show proof of the violation through direct and circumstantial |
25 | evidence. |
26 | (e) The employee may bring a prima facie case of violation of the law by proving they |
27 | reported an incident of workplace psychological abuse and was subsequently terminated, |
28 | threatened, or discriminated against in their employment. Once the prima facie case is established, |
29 | the employer may allege and provide a legitimate and nondiscriminatory ground for the |
30 | termination. If the employer alleges and provides such grounds, the employee shall show that the |
31 | grounds alleged by the employer were a mere pretext for termination. |
32 | 28-60-12. Affirmative defense. |
33 | (a) An employer may establish an affirmative defense to limit damages for psychological |
34 | abuse under this chapter where the employer took all steps outlined in this chapter to acknowledge, |
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1 | monitor, prevent, discourage, and adequately address the issues and complaints surrounding |
2 | allegations of psychological abuse and exercised reasonable care to prevent and promptly correct |
3 | any violation in this chapter or acted with just cause. |
4 | (b) Because this chapter requires employers to take all reasonable necessary steps to |
5 | adequately address complaints of psychological abuse, an employer shall not be exempt from |
6 | liability if the employer or its representative employees or supervisors knew or should have known |
7 | of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations |
8 | of psychological abuse and promptly correct the situation. |
9 | (c) This defense shall not be available when the employer or its representative employees |
10 | or supervisors engage in this conduct. |
11 | 28-60-13. Remedies. |
12 | Complainants who prove a violation of this chapter shall be entitled to all remedies |
13 | necessary to make such complainants whole. Such remedies shall factor whether a toxic work |
14 | environment existed and/or whether or not injury resulted: |
15 | (1) An apology to the complainant employee and mandatory training and/or coaching |
16 | and/or counseling and/or discipline for violators of this chapter who remain with the employer ; |
17 | (2) Reinstatement of work; |
18 | (3) Economic damages for lost wages; |
19 | (4) Expenses related to treatment related to the psychological abuse including future |
20 | medical expenses for psychological injury or resulting physical injury; |
21 | (5) Compensable damages to compensate for the resulting pain and suffering and emotional |
22 | and psychological damages; |
23 | (6) Punitive damages to deter future acts of psychological abuse; |
24 | (7) Injunctive relief whereby the court may enjoin the defendant from engaging in the |
25 | unlawful employment practice; |
26 | (8) Public notification of the case outcome without disclosing the plaintiff's name if desired |
27 | by the plaintiff; |
28 | (9) Attorneys' fees for the prevailing plaintiff; and |
29 | (10) Any other relief deemed appropriate, including restorative measures, including |
30 | modification of the disciplinary record of the employee and/or organizational training. |
31 | 28-60-14. Statute of limitations. |
32 | Any person who has a cause of action under the provisions of this chapter shall have the |
33 | later of a period of three (3) years to file said cause of action from the last alleged psychologically |
34 | abusive behavior from the employee with OSHA, or the department of labor and training, or a |
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1 | private cause of action. If a claimant files a complaint with OSHA or the department of labor and |
2 | training, the statute of limitations for filing a private cause of action is tolled. |
3 | 28-60-15. Severability clause. |
4 | If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter |
5 | are held to be unconstitutional or void, the holding to such effect shall not affect, impair, or |
6 | invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the |
7 | clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be |
8 | unconstitutional or void. |
9 | 28-60-16. Conflict with laws. |
10 | (a) Nothing in this chapter should limit employee rights under any other law including |
11 | OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act, |
12 | the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws, |
13 | the National Labor Relations Act (NLRA), and state labor rights laws. |
14 | (b) Nothing in this chapter shall restrict workers from negotiating broader protections via |
15 | collective bargaining or other concerted activity. |
16 | 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 -- WORKPLACE PSYCHOLOGICAL | |
SAFETY ACT | |
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1 | This act would prohibit any type of psychological abuse in the workplace inflicted by an |
2 | employer upon an employee or by a co-employee upon an employee that results in the violation of |
3 | an employee's right to a physically and psychologically safe work environment. |
4 | This act would also provide an employee subject to bullying, psychological abuse, |
5 | psychological injury and/or physical injury with protections in the workplace and civil remedies |
6 | against perpetrators of any prohibited activity. This act would further assess civil penalties upon |
7 | employers violating the act based upon the gross amount of revenues earned by employers in |
8 | addition to civil liability for damages sustained by the employee as well as civil and criminal |
9 | liability for any such conduct of a co-employee. |
10 | This act would take effect upon passage. |
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