Title XXIII, Labor

In addition to other penalties and remedies imposed under this chapter, the commissioner may assess a civil penalty on an employer not to exceed $2,500 for each violation of any provision of this chapter or rule adopted pursuant to this chapter, which shall be deposited into the …

The commissioner shall promulgate whatever regulations he deems necessary for the administration of this chapter, except that such regulations shall not be inconsistent with any of its provisions. He shall prosecute violations and charge the proper county for the cost of the proc…

No prosecution pursuant to this chapter shall be undertaken later than one year after the violation has been committed.

In this chapter: I. "Health facility" means an acute care, rehabilitation, psychiatric, or substance abuse treatment hospital, or an urgent care center licensed under RSA 151; provided that a facility with more than one physical location shall be considered a single health facili…

This chapter shall apply to all places of employment in which one or more persons are regularly employed.

This chapter shall be known and may be cited as the "Worker's Right to Know Act."

The legislature recognizes that there is a public need for employee leasing and, therefore, deems it necessary in the interest of the public health, safety and welfare to establish standards for the operation, regulation and licensing of employee leasing companies.

The provisions of RSA 157-A and RSA 157-B also apply to all places covered by RSA 277:1.

In this chapter: I. "Employee" means any person employed to work in a place of employment. Volunteers or auxiliary members of a fire, police department, ambulance service or the state police, whether paid or not paid, shall be deemed to be in the employment of a political subdivi…

The provisions of this chapter shall be construed as being complementary to and not in lieu of any other law or of any rule adopted under authority of law relative to toxic substances or toxic waste including but not limited to RSA 147-A and RSA 147-B. However, any conflict betwe…

An employee leasing company and its client company shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8 regardless of which entity purchases the workers' compensation insurance, and the employee leasing company shall not be vicariously liable for the acti…

Every employer shall provide and maintain reasonable and proper toilet facilities and reasonably sanitary and hygienic conditions for employees.

I. An employee leasing company may sponsor and maintain employee benefits and welfare plans for its leased employees. Nothing in this section shall require an employee leasing company to provide comparable benefits to employees located at different work sites. II. An employee lea…

Whenever the nature or condition of any such place of employment, or the machinery or other appliances therein, are such as to render work therein or in proximity thereto dangerous to the safety or health of employees, it shall be the duty of the employer to provide and maintain …

I. Insurance companies providing workers' compensation insurance in the state shall send to the commissioner a certificate of insurance as proof a valid policy exists for all policies written for employee leasing companies. II. Insurance companies shall notify the commissioner at…

I. No person shall engage in the business of employee leasing nor hold itself out to the public as an employee leasing company without first having secured a license under this chapter. II. Any person or employee leasing company who violates the provisions of this chapter may be …

No person shall remove, displace, damage or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment so as to interfere with the intended use thereof, or interfere in any way with the use thereof by any other person, and no …

All application and license fees collected by the commissioner under this chapter shall be paid to the treasurer for deposit to the department of labor restricted fund established in RSA 273:1-b.

The labor commissioner shall cause all places of employment subject to this law to be inspected at intervals to be determined by him, for the purpose of determining whether the provisions of this chapter have been complied with and the conditions therein with respect to the safet…

Any employee may petition the commissioner to inspect any place of employment in which the employee is employed for the purpose of determining whether the employer has violated any of the provisions of this chapter or rules adopted under this chapter. Upon receipt of such petitio…

No person who applies for a license within 6 months after the effective date of this chapter, and whose application is granted, shall be liable for any act, omission or representation which would have been lawful under its license had the license been in effect at the time of suc…

A report of such inspection shall be filed in the office of the commissioner and a copy thereof given the employer.

If the commissioner has a reliable basis to believe that any licensee is violating the provisions of this chapter, the commissioner shall have the right to review and inspect all of the licensee's books and records during regular business hours at the leasing company's place of b…

The commissioner, factory inspectors and other assistants of the commissioner shall have the right to enter any such place of employment and to examine the same for the purposes of this chapter.

I. Employee leasing firms shall maintain a list of current and past clients which shall be available for inspection by the department of labor without notice. The list shall be submitted to the labor department on a quarterly basis. Failure to maintain an updated client list shal…

In the case of a workplace incident resulting in a serious injury or death involving the state, a state agency, a county, a municipality or municipal agency, a school district, or other public corporation or political subdivision, the commissioner of labor, or his or her designee…

I. Every employer shall report the death of any person in the workplace or on the workplace premises within 8 hours of such occurrence to the commissioner of the department of labor by telephone or electronically, stating as fully as possible the cause of the death and the place …

For purposes of the collective bargaining process, including, but not limited to, the right to organize employee units based upon specific worksites, the employee leasing company shall be bound by the applicable public or private sector labor relations law and responsible for any…

I. The commissioner of labor shall adopt such rules, under RSA 541-A, as he deems reasonable and necessary in order to carry out properly the provisions of RSA 277:10 and 277:11. II. Prior to January 1, 1987, the commissioner of labor shall present proposed legislation containing…

Whenever the commissioner, after any place of employment subject to this chapter shall have been inspected in accordance with RSA 277:13, shall be of the opinion that the special conditions in that place of employment render the standards inadequate or unreasonable, as applied to…

I. Until an employee leasing company has been in business for a period of 2 years, including any time prior to October 1, 1994, a client company shall be jointly and severally liable with the employee leasing company for the payment of unemployment contributions as calculated und…

For purposes of determination of business profits tax credits under RSA 77-A, Coos county job creation credits under RSA 162-Q, economic revitalization zone credits under RSA 162-N, or any other available statutory tax credits provided by this state that are based on employment, …

Whenever, after inspection as provided in RSA 277:13, the commissioner shall be of the opinion that compliance with the standards, under the special conditions obtaining in any place of employment, necessitates the use of any safeguard, or the doing of any other act for which the…

Nothing in this chapter shall relieve any client company or employee leasing company from the provisions of any other applicable state law not inconsistent with this chapter or any applicable federal law.

The general court hereby finds and declares that the proliferation of toxic substances in the workplace poses a growing threat to the health of employees exposed to these substances; that the number and variety of these substances makes effective monitoring of these potential hea…

In this chapter: I. "Applicant" means a person seeking to be licensed under this chapter or seeking the renewal of a license under this chapter. II. "Commissioner" shall mean the commissioner of the department of labor. III. "Client company" means a person who enters into an empl…

I. Except as provided in paragraph II, health facilities shall implement and maintain a workplace violence prevention program. Said program shall consider the size and complexity of the health facility and shall address the following topics, and others deemed appropriate by the h…

A person employing or directing another to perform labor of any kind in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffold…

Every order made by the commissioner shall fix the time when it shall take effect, and in every case a reasonable time shall be allowed to the employer affected thereby for compliance with the order.

Notice shall be given by certified mail of every order to those who are required to comply with the order. Notice of any such order of general application may be given by publication in some newspaper having circulation throughout the state.

The commissioner shall provide occupational health and safety services to public and private employers, and shall consult with the commissioner of the department of health and human services relative to the implementation of occupational health unit programs authorized by RSA 125…

For the purpose of carrying into effect the provisions of this chapter the commissioner shall have power to administer oaths, certify to official acts, issue subpoenas and compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony.

The deposition of any witness within or without the state, taken in the manner prescribed by law for depositions in civil actions, may be used in any proceeding for review or appeal.

The commissioner shall keep a complete record of all orders, rules or regulations made and adopted by him.

Any employer affected by such order, rule or regulation may petition the commissioner for a review of the validity or reasonableness thereof. The commissioner may join in one proceeding all petitions alleging invalidity or unreasonableness of the same or substantially similar ord…