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