CHAPTER 38

95-S 1082 am

Approved Jul. 6, 1995.

AN ACT RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION

It is enacted by the General Assembly as follows:

SECTION 1. Section 28-29-6.1 of the General Laws in Chapter 28-29 entitled "Workers' Compensation -- General Provisions" is hereby amended to read as follows:

{ADD 28-29-6.1. Secondary provision of workers' compensation insurance. -- ADD} (a) Whenever a general contractor or a construction manager shall enter into a contract with a subcontractor for work to be performed in Rhode Island, the general contractor or construction manager shall at all times require written documentation evidencing that the subcontractor carries workers' compensation insurance with no indebtedness for its employees for the term of the contact. In the event that the general contractor or construction manager fails to obtain said written documentation from the subcontractor, the general contractor or construction manager shall be deemed to be the employer pursuant to provisions of section 28-29-2.

(b) For the purposes of this section, "construction manager" means an individual corporation, partnership or joint venture, or other legal entity responsible for supervising and controlling all aspects of construction work to be performed on the construction project, as designated in the project documents, in addition to the possibility of performing some of the construction services itself. For the purposes of this section, the construction manager need have no contractual involvement with any of the parties to the construction project other than the owner, or may contract directly with the trade contractors pursuant to its agreement with the owner.

{ADD (c) This section shall apply only to a general contractor, subcontractor, or construction manager deemed an employer subject to the provisions of chapters 29-38, inclusive, as provided in section 28-29-6. ADD}

SECTION 2. This act shall take effect upon passage.



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