2026 -- H 8331 | |
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LC003730 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- THE TRADES WORKER JUSTICE | |
AND SAFETY ACT | |
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Introduced By: Representatives Morales, Potter, Voas, Cruz, and Tanzi | |
Date Introduced: March 20, 2026 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. |
2 | The General Assembly finds and declares: |
3 | (1) All construction workers have the right to a workplace free from harassment, |
4 | discrimination, intimidation, bullying, abuse, and retaliation. |
5 | (2) Women, tradeswomen, workers of color, LGBTQ+ workers, immigrants, and other |
6 | marginalized groups experience disproportionate rates of job-site hostility and workplace violence. |
7 | (3) The tragic death of Yinka A. Awodumila, a laborer in Rhode Island, demonstrates |
8 | systemic failures in responding to hostile job sites, retaliation, and worker mental health crises. |
9 | (4) Rhode Island must establish comprehensive, enforceable protections that ensure no |
10 | worker’s plea for safety is ignored and that every worker is given dignity, protection, and respect. |
11 | (5) These protections shall cover all construction sites including private projects, public |
12 | projects, municipal and city-funded projects, school district projects, state-funded projects, |
13 | federally funded projects, and any project permitted, contracted, or overseen by the Rhode Island |
14 | Department of Labor and Training (RIDLT), the Rhode Island Department of Transportation |
15 | (RIDOT), or any other state agency. |
16 | (6) A statewide system utilizing “Safe From Hate” best practices, independent oversight, |
17 | mental health protections, women’s restroom standards, whistleblower protections, and zero- |
18 | tolerance harassment policies is essential to the safety and dignity of construction workers. |
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1 | (7) A neutral, worker-first Ombudsman is necessary to ensure accountability free from |
2 | union, contractor, employer, or agency interference. |
3 | SECTION 2. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" |
4 | is hereby amended by adding thereto the following chapter: |
5 | CHAPTER 61 |
6 | THE TRADES WORKER JUSTICE AND SAFETY ACT |
7 | 28-61-1. Definitions. |
8 | For purposes of this chapter: |
9 | (1) "Construction site" means any location within Rhode Island where construction, |
10 | demolition, alteration, excavation, highway or bridge work, utility work, or related labor occurs |
11 | including, but not limited to: |
12 | (i) Private construction sites; |
13 | (ii) Public construction sites; |
14 | (iii) Municipal or city-funded projects; |
15 | (iv) State-funded projects; |
16 | (v) Federally funded or federally assisted projects; |
17 | (vi) School district, university, or public agency projects; |
18 | (vii) Any site governed, contracted, permitted, or overseen by the Rhode Island department |
19 | of labor and training (RIDLT); |
20 | (viii) Any site governed, contracted, permitted, or overseen by the Rhode Island department |
21 | of transportation (RIDOT); and |
22 | (ix) Any site regulated by the Occupational Safety and Health Administration (OSHA) or |
23 | any state licensing authority. |
24 | (2) "Harassment or bullying" means unwelcome verbal, physical, visual, written, or digital |
25 | conduct that creates a hostile, intimidating, discriminatory, humiliating, retaliatory, or offensive |
26 | work environment including, but not limited to: |
27 | (i) Gender-based harassment; |
28 | (ii) Sexual harassment; |
29 | (iii) Racial or ethnic harassment; |
30 | (iv) Threats, slurs, intimidation, or sabotage; and |
31 | (v) Retaliation for reporting safety or misconduct. |
32 | (3) "Whistleblower" means a worker who reports unsafe conditions, discrimination, |
33 | harassment, fraud, retaliation, wage violations, misconduct, violence, or mental-health-related |
34 | concerns. |
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1 | (4) "Ombudsman" means a neutral, state-appointed official empowered to receive, |
2 | investigate, and resolve worker concerns independently from unions, contractors, employers, or |
3 | agencies. |
4 | 28-61-2. Safe and equitable facilities mandate. |
5 | (a) All construction sites shall provide regulated, dedicated women’s restrooms that are: |
6 | (1) Separate, private, fully enclosed, and lockable; |
7 | (2) Sanitary and clearly labeled; |
8 | (3) Maintained daily with cleaning logs; |
9 | (4) Equipped with functioning locks, proper lighting, menstrual products, and covered trash |
10 | receptacles; and |
11 | (5) Located within a reasonable distance of the work area. |
12 | (b) Inspections of construction sites to verify compliance with subsection (a) of this section |
13 | shall be conducted at least once every thirty (30) days by one or more of the following entities: |
14 | (1) RIDLT; |
15 | (2) RIDOT; |
16 | (3) OSHA; |
17 | (4) The ombudsman’s office; or |
18 | (5) Municipal inspectors. |
19 | (c) Failure to comply with subsection (a) of this section shall result in: |
20 | (1) Mandatory fines; |
21 | (2) Written corrective action plans; and |
22 | (3) Stop-work orders for repeat violations. |
23 | 28-61-3. Zero-tolerance jobsite harassment standard. |
24 | (a) The following conduct is prohibited on all construction sites: |
25 | (1) Sexual harassment; |
26 | (2) Gender-based harassment; |
27 | (3) Bullying or intimidation; |
28 | (4) Racial, ethnic, or religious harassment; |
29 | (5) Threats, slurs, or degrading remarks; |
30 | (6) Tool sabotage or work sabotage; and |
31 | (7) Retaliation of any kind. |
32 | (b) Any individual who engages in prohibited conduct under subsection (a) of this section |
33 | shall be immediately removed from the job site pending investigation. |
34 | (c) Incidents of prohibited conduct must be reported to: |
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1 | (1) The employer; |
2 | (2) RIDLT; |
3 | (3) RIDOT (if the project is under RIDOT jurisdiction); and |
4 | (4) The ombudsman. |
5 | (d) Failure to report incidents as required under subsection (c) of this section shall result in |
6 | employer penalties. |
7 | (e) The director of RIDLT shall promulgate rules and regulations relative to the prohibited |
8 | conduct under this section and what constitutes a violation thereof. |
9 | 28-61-4. Whistleblower protection and non-retaliation. |
10 | (a) Whistleblower protections under this chapter shall be undeniable and non-waivable. |
11 | (b) Protected activities include reporting on the following: |
12 | (1) Hazards; |
13 | (2) Harassment or bullying; |
14 | (3) Discrimination; |
15 | (4) Mental health emergencies; |
16 | (5) Violence or threats; and |
17 | (6) Wrongdoing by supervisors, contractors, or union officials. |
18 | (c) Retaliation against whistleblowers is prohibited including, but not limited to: |
19 | (1) Termination, suspension, demotion, or removal from work or committees; |
20 | (2) Blacklisting or removal from future jobs; |
21 | (3) Reduction of hours or overtime; |
22 | (4) Negative evaluations; |
23 | (5) Hostile assignments; |
24 | (6) Threats, intimidation, or slander. |
25 | (d) Remedies for violations include: |
26 | (1) Reinstatement; |
27 | (2) Treble damages; |
28 | (3) Attorneys’ fees; and |
29 | (4) Expedited ombudsman review under this chapter. |
30 | 28-61-5. "Safe From Hate" compliance standards. |
31 | (a) Rhode Island hereby adopts the U.S. Department of Labor’s Safe from Hate best |
32 | practices. |
33 | (b) All contractors, subcontractors, unions, and employers shall implement: |
34 | (1) Mandatory ongoing anti-harassment training; |
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1 | (2) Respect- and safety-based new hire orientation; |
2 | (3) Posting of worker rights and reporting channels in union halls, contractor offices, |
3 | jobsite entrances, and other visible locations; |
4 | (4) Ongoing crew-level safety and mental health check-ins; and |
5 | (5) Supervisor and leadership accountability for inaction. |
6 | (c) The requirements of this section apply to all state-funded construction projects, public |
7 | works, and all contractors and subcontractors bidding on state or RIDOT contracts. |
8 | 28-61-6. Rhode Island ombudsman for construction worker safety and equity. |
9 | (a) There is hereby established within RIDLT an independent ombudsman’s office. |
10 | (b) The ombudsman shall: |
11 | (1) Receive confidential or anonymous complaints; |
12 | (2) Investigate harassment, retaliation, and safety concerns; |
13 | (3) Issue binding corrective recommendations; |
14 | (4) Require employers or contractors to take corrective action; |
15 | (5) Refer cases to OSHA, RIDLT, RIDOT, or the attorney general as appropriate; |
16 | (6) Track statewide patterns of job-site hostility; |
17 | (7) Publish annual reports (protecting worker identities); and |
18 | (8) Conduct unannounced jobsite inspections. |
19 | (c) Workers may contact the ombudsman via: |
20 | (1) 24/7 hotline; |
21 | (2) Anonymous text hotline; |
22 | (3) Online reporting portal; |
23 | (4) Private on-site interviews. |
24 | (d) The ombudsman shall not: |
25 | (1) Be a union member or have an immediate family member in any union; |
26 | (2) Have worked for a contractor, employer, or union within five (5) years prior to |
27 | appointment; and |
28 | (3) Be influenced by employer associations or agency leadership. |
29 | 28-61-7. Enforcement and penalties. |
30 | (a) Violators including contractors, subcontractors, employers, or unions shall be subject |
31 | to enforcement of the provisions of this chapter by the attorney general and/or RIDLT to include, |
32 | but not be limited to: |
33 | (1) Fines ranging from five thousand dollars ($5,000) to fifty thousand dollars ($50,000) |
34 | per violation; |
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1 | (2) Mandatory corrective action plans; |
2 | (3) Public posting of violations; |
3 | (4) Suspension from eligibility for state and RIDOT contracts; and |
4 | (5) Stop-work orders for severe or repeated violations. |
5 | (b) Supervisors, foremen, stewards, and management who fail to act may face: |
6 | (1) Personal fines; |
7 | (2) Removal from supervisory duties; and |
8 | (3) Criminal referral for willful negligence. |
9 | 28-61-8. Mental health protections. |
10 | Employers shall: |
11 | (1) Provide mental health crisis resource cards listing immediate support options; |
12 | (2) Offer access to employee assistance programs (EAP); |
13 | (3) Immediately contact emergency services when a worker expresses a crisis; and |
14 | (4) Notify the ombudsman of any mental health crisis within twenty-four (24) hours. |
15 | 28-61-9. Reporting, training, and public transparency. |
16 | (a) The ombudsman shall publish on the RIDLT website: |
17 | (1) Annual statewide reports; |
18 | (2) Harassment and retaliation data; |
19 | (3) Women’s restroom compliance records; |
20 | (4) Training completion logs; and |
21 | (5) Contractor compliance scores. |
22 | (b) Employers shall post at all jobsite entrances: |
23 | (1) Worker rights; |
24 | (2) Zero-tolerance policy; |
25 | (3) Whistleblower protections; and |
26 | (4) Ombudsman contact information. |
27 | SECTION 3. This act shall take effect on January 1, 2027. |
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LC003730 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- THE TRADES WORKER JUSTICE | |
AND SAFETY ACT | |
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1 | This act would establish the trades worker justice and safety act to help provide workers |
2 | with a workplace free from harassment, discrimination, intimidation, bullying, abuse and |
3 | retaliation. |
4 | This act would take effect on January 1, 2027. |
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LC003730 | |
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