2024 -- S 2473

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LC004520

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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 -- WORKPLACE PSYCHOLOGICAL

SAFETY ACT

     

     Introduced By: Senators Ciccone, Sosnowski, F. Lombardi, Bissaillon, Rogers, E
Morgan, and Bell

     Date Introduced: February 12, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 60

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WORKPLACE PSYCHOLOGICAL SAFETY ACT

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     28-60-1. Short title.

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     This chapter shall be known and may be cited as the "Workplace Psychological Safety

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Act."

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     28-60-2. Public policy.

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     (a) This chapter sets forth a public policy acknowledging and addressing the relevance and

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importance of mental health as an integral aspect of human well-being, and therefore, employee

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well-being. This chapter also sets forth a public policy against any type of psychological abuse that:

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     (1) Violates an employee's right to a physically and psychologically safe work

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environment; and

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     (2) Injures an employee, hinders the performance of an employee, stigmatizes the

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employee, and/or undermines the dignity of the employee.

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     (b) This chapter declares and reasserts the obligation of employers to keep their employees

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and the work environment safe as set forth in laws throughout the state and the federal government,

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including the Department of Labor Standards, a part of the Executive Office of Labor and

 

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Workforce Development, U.S. Department of Labor and the U.S. Occupational Safety and Health

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Act, (OSHA) which includes psychological safety.

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     28-60-3. Purpose.

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     It is the purpose of this chapter to:

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     (1) Recognize and protect an employee's right not only to a physically safe work

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environment but also to a psychologically safe work environment in the workplace.

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     (2) Recognize and promote an employer's responsibility to acknowledge, monitor, prevent,

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discourage, and adequately address issues of psychological abuse in the workplace.

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     (3) Provide legal incentive for employers to acknowledge, monitor, prevent, discourage,

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and adequately address issues of psychological abuse to eliminate such behaviors before they

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disrupt the safety of the work environment and/or cause subsequent harm to employees.

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     (4) Provide legal relief and remedy for employees harmed psychologically, emotionally,

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physically, professionally, or economically by exposure to an unsafe, toxic work environment,

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including any subsequent damages to make employees whole.

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     28-60-4. Scope of application.

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     This chapter shall apply to all employees regardless of the nature of their job.

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     28-60-5. Definitions.

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     For the purposes of this chapter, the terms used herein shall have the meanings set forth in

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this section:

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     (1) "Bullying" means interpersonal abuse that operates employee(s)-to-employee(s),

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especially superior(s) to subordinate(s).

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     (2) "Mobbing" means an interpersonal abuse system that operates employer-to-

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employee(s).

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     (3) "Physical injury" means impairment of a person's physical health or bodily integrity as

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established by competent evidence and may manifest mentally, emotionally, or physically.

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     (4) "Psychological abuse" means mentally provocative harassment. Mistreatment that has

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the effect of hurting, weakening, confusing, or frightening a person mentally or emotionally.

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     (5) "Psychological injury" means impairment of a person's mental health as established by

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competent evidence and may manifest mentally, emotionally, or physically.

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     (6) "Reasonable person" means an unbiased person who displays reason, fairness, caution,

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and care.

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     (7) ''Representative employee" means administrative employees in leadership and/or

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management positions whose responsibility is to oversee and enforce organizational policies

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including, but not limited to, CEOs, CFOs, presidents, vice presidents, executive directors,

 

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members of a board of directors, or employees in human resources, legal, or diversity, equity, and

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inclusion.

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     (8) "Third party" means a neutral person with no prior affiliation with the parties.

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     (9) "Toxic work environment" means an intolerable employment condition in which a

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reasonable person would find it difficult, uncomfortable, and/or an impossible environment to

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perform their workplace duties and tasks.

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     28-60-6. Employee right to dignity and a psychologically safe work environment.

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     Every employee shall have the right to a work environment that is safe and affords them

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the dignity to which all human beings are entitled, free from all forms of psychological abuse.

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     28-60-7. Employer responsibility to provide safe work environments and ensure

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worker dignity.

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     Employers have a general duty to provide a safe work environment free from all forms of

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abuse including psychological abuse. Employers have a general duty to ensure that all employees

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are treated respectfully and with dignity.

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     28-60-8. Prohibited activity.

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     (a) It shall be an unlawful employment practice for any employer or employee to engage

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in the psychological abuse of another employee that creates a toxic work environment in which a

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reasonable person would find intolerable to perform their regular workplace duties and tasks, has

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the ability to cause injury, and/or jeopardizes future career prospects without just cause. The

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determination of which shall be conducted from the view of a reasonable person under the totality

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of the circumstances, its impact on the work environment of the employee, and/or its subsequent

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impact on the employee's well-being.

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     (b) It shall be an unlawful employment practice to retaliate in any manner against an

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employee who has opposed any unlawful employment practices under this chapter, including, but

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not limited to, filing a claim internally or externally on behalf of oneself or another objecting to

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behavior in violation of this chapter whether as an complainant, witness, or advocate.

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     (c) It shall be an unlawful employment practice to require any complainant under this

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chapter to enter into mediation or forced arbitration.

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     (d) Conduct that does not constitute psychological abuse includes, but is not limited to:

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     (1) Acts intended to exercise a supervisor's authority to discipline with just cause and

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conducted in a progressive disciplinary manner in compliance with policies and laws;

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     (2) Demands for protecting the confidentiality of the services provided by the employer;

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     (3) The formulation or promulgation of regulations or memoranda to direct the operations,

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maximize efficiency, and evaluate employees' performance based on the general objectives of the

 

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employer;

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     (4) The temporary assignment of additional duties when necessary to ensure the continuity

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of services;

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     (5) Administrative actions directed to the completion of an employment agreement, with

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cause; and

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     (6) Employer's affirmative actions to enforce the provisions of a human resources

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regulation, clauses of employment agreements, or obligations, duties, and prohibitions established

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by law.

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     (e) Concerted activity/Section 7 activity under the National Labor Relations Act as

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interpreted by the National Labor Relations Board shall not be construed as psychological abuse.

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     28-60-9. Procedure.

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     (a) Every employer shall be responsible for taking all reasonable measures to acknowledge,

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monitor, prevent, discourage, and adequately address incidents of psychological abuse.

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     (b) Within one hundred eighty (180) days every employer shall:

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     (1) Adopt and implement preventive and detective internal policies against psychological

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abuse, including anti-retaliation policies, consistent with this chapter. Policies should include a

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broad reporting procedure, including formal and informal reporting methods.

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     (2) Notify and train all managers, supervisors, and other representative employees as to

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handling complaints of psychologically abusive behavior, including the employer's reporting

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provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all

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such complaints.

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     (3) Post employees' rights under this chapter and employer reporting policies in such a

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manner that all employees have access, including on the website, bulletin boards, job descriptions,

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and in applicable promotional materials.

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     (4) Implement and uphold an effective anti-retaliation provision that guarantees no

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retaliation against any employee who has opposed any unlawful practice in a complaint under this

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chapter.

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     (5) Implement an investigation policy for all complaints of psychologically abusive

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behavior which includes notice provisions for complainant regarding the status, completion, and

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outcome of the complaint and imposes a policy of progressive discipline for any employee

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determined to have engaged in psychologically abusive behavior.

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     (6) Apply evaluation and discipline processes evenly and fairly to all employees.

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     (7) Annually perform an anonymous workplace climate survey, with its results to be

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submitted to OSHA (private sector employers) and the department of labor and training (public

 

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sector employers) annually.

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     (8) Report annually the number of employee complaints of abusive behavior, employee

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disciplines, workers' compensation claims, absenteeism rates, stress leave rates, attrition rates,

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discrimination complaints, investigation rates, follow up action rates, the workforce gender and

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racial makeup, and de-identified wage and salary data by protected category to OSHA (private

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sector employers) and department of labor and training (public sector employers), who will make

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this information publicly available, at a minimum under the Freedom of Information Act.

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     (c) If the employer proves to have exercised reasonable care to prevent and promptly

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correct the conduct, such employer shall be held harmless from any claim under the provisions of

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this chapter.

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     (d) The aggrieved employee shall have the following options to notify the employer of the

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complaint without use of the employer's protocol:

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     (1) File a complaint (the employer will not receive a copy of the complaint until there is

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litigation) that discloses the complainant's identity directly and only to OSHA (private sector

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employees) or the department of labor and training (public sector employees). These offices shall:

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     (i) Evaluate the conditions described in the complaint.

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     (ii) If it is determined that the complaint describes a potential OSHA violation, the case is

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assigned to an inspector.

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     (iii) Contact the employer in writing and require the employer to respond by a due date

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with proof that the hazard has been corrected; or make an appointment for a site visit prioritized

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according to the nature of the hazard; or phone or visit the workplace the same day if there is

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imminent danger and issue fines and/or penalties, including legal action, to violators.

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     (iv) Make violations of this chapter available to the public per the Freedom of Information

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Act, redacting all private information as to the aggrieved employee, including their name to protect

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their privacy and not interfere with future job prospects.

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     (v) If applicable, forward the complaint to another agency with jurisdiction.

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     (vi) Collect and maintain data on the effectiveness of this chapter as determined by a

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decrease in employees self-reporting experiencing psychological abuse at work.

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     (2) File suit against the employer for violation(s) of this chapter directly through the

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judicial branch.

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     28-60-10. Employer liability.

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     Any employer that allows, engages in, or promotes psychological abuse whereby creating

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a toxic work environment shall be liable to the affected employee(s).

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     Every employer shall:

 

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     (1) Be liable for failing to take the appropriate measures to provide employees with a

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psychologically safe work environment as outlined in this chapter.

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     (2) Be liable for engaging in any violation of this chapter.

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     (3) Be liable for any damages, including economic, compensatory, and punitive damages,

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to any employee who has been subjected to work in a toxic work environment as outlined in this

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chapter in the scope of their employment unless the employer can demonstrate they have met all

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elements of the affirmative defense provided in ยง 28-60-12. An employee is entitled to recover the

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greater of all actual damages or five thousand dollars ($5,000) for each violation of this chapter.

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     (4) If not prevailing, be liable for the plaintiff's reasonable attorneys' and witnesses' fees

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and costs.

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     28-60-11. Scope of the protection.

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     (a) Any person who reports psychological abuse shall be protected by this chapter.

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     (b) No person shall aid, abet, incite, compel, or coerce the doing of an act forbidden under

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this chapter or to attempt to do so.

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     (c) No employer shall terminate, sanction, mislead, coerce, intimidate, threaten, interfere

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with, discriminate against, or otherwise retaliate against any person in the opposition of unlawful

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employment practices or exercise of any right under this chapter, including, but not limited to, an

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employee as to the terms, conditions, compensation, location, benefits, or privileges of employment

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because the employee or witness offers or attempts to offer, verbally or in writing, any testimony,

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statement, information, or claim to a labor union, human resources office, employer office,

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legislative, administrative, or judicial forum, or any other internal or external office or otherwise

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engages in any other reasonable participation in a claim under this chapter insofar as such

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statements constitute a disclosure of privileged information as provided by law.

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     (d) The employee shall show proof of the violation through direct and circumstantial

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evidence.

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     (e) The employee may bring a prima facie case of violation of the law by proving they

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reported an incident of workplace psychological abuse and was subsequently terminated,

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threatened, or discriminated against in their employment. Once the prima facie case is established,

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the employer may allege and provide a legitimate and nondiscriminatory ground for the

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termination. If the employer alleges and provides such grounds, the employee shall show that the

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grounds alleged by the employer were a mere pretext for termination.

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     28-60-12. Affirmative defense.

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     (a) An employer may establish an affirmative defense to limit damages for psychological

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abuse under this chapter where the employer took all steps outlined in this chapter to acknowledge,

 

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monitor, prevent, discourage, and adequately address the issues and complaints surrounding

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allegations of psychological abuse and exercised reasonable care to prevent and promptly correct

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any violation in this chapter or acted with just cause.

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     (b) Because this chapter requires employers to take all reasonable necessary steps to

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adequately address complaints of psychological abuse, an employer shall not be exempt from

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liability if the employer or its representative employees or supervisors knew or should have known

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of said conduct and failed to acknowledge, monitor, prevent, discourage, or address the allegations

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of psychological abuse and promptly correct the situation.

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     (c) This defense shall not be available when the employer or its representative employees

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or supervisors engage in this conduct.

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     28-60-13. Remedies.

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     Complainants who prove a violation of this chapter shall be entitled to all remedies

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necessary to make such complainants whole. Such remedies shall factor whether a toxic work

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environment existed and/or whether or not injury resulted:

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     (1) An apology to the complainant employee and mandatory training and/or coaching

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and/or counseling and/or discipline for violators of this chapter who remain with the employer ;

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     (2) Reinstatement of work;

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     (3) Economic damages for lost wages;

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     (4) Expenses related to treatment related to the psychological abuse including future

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medical expenses for psychological injury or resulting physical injury;

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     (5) Compensable damages to compensate for the resulting pain and suffering and emotional

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and psychological damages;

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     (6) Punitive damages to deter future acts of psychological abuse;

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     (7) Injunctive relief whereby the court may enjoin the defendant from engaging in the

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unlawful employment practice;

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     (8) Public notification of the case outcome without disclosing the plaintiff's name if desired

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by the plaintiff;

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     (9) Attorneys' fees for the prevailing plaintiff; and

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     (10) Any other relief deemed appropriate, including restorative measures, including

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modification of the disciplinary record of the employee and/or organizational training.

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     28-60-14. Statute of limitations.

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     Any person who has a cause of action under the provisions of this chapter shall have the

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later of a period of three (3) years to file said cause of action from the last alleged psychologically

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abusive behavior from the employee with OSHA, or the department of labor and training, or a

 

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private cause of action. If a claimant files a complaint with OSHA or the department of labor and

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training, the statute of limitations for filing a private cause of action is tolled.

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     28-60-15. Severability clause.

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     If any clause, paragraph, subparagraph, article, provision, section, or part of this chapter

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are held to be unconstitutional or void, the holding to such effect shall not affect, impair, or

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invalidate the remainder of this chapter. The effect of said holding shall be limited solely to the

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clause, paragraph, subparagraph, article, provision, section, or part thereof thus held to be

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unconstitutional or void.

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     28-60-16. Conflict with laws.

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      (a) Nothing in this chapter should limit employee rights under any other law including

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OSHA, laws under state-level OSHA agencies or their equivalent, Title VII of the Civil Rights Act,

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the Americans with Disabilities Act, the Age Discrimination in Employment Act, state EEO laws,

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the National Labor Relations Act (NLRA), and state labor rights laws.

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     (b) Nothing in this chapter shall restrict workers from negotiating broader protections via

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collective bargaining or other concerted activity.

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     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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     This act would prohibit any type of psychological abuse in the workplace inflicted by an

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employer upon an employee or by a co-employee upon an employee that results in the violation of

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an employee's right to a physically and psychologically safe work environment.

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     This act would also provide an employee subject to bullying, psychological abuse,

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psychological injury and/or physical injury with protections in the workplace and civil remedies

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against perpetrators of any prohibited activity. This act would further assess civil penalties upon

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employers violating the act based upon the gross amount of revenues earned by employers in

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addition to civil liability for damages sustained by the employee as well as civil and criminal

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liability for any such conduct of a co-employee.

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     This act would take effect upon passage.

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