Title 28, Title 28 and Labor Relations

In the administration of this chapter the director or his or her authorized representative shall have the power to administer oaths; take affidavits and the depositions of witnesses; and issue subpoenas for and compel the attendance of witnesses and the production of papers, book…

When used in this chapter: (1) “Amendment” means any modification or change in a code intended to be of universal or general application. (2) “Code” means a standard body of rules for safety and health formulated, adopted, and issued by the commission under the provisions of this…

It shall be the responsibility of the head of each state agency and of each agency in the political subdivisions of the state to establish and maintain an effective and comprehensive occupational safety and health program that is consistent with this chapter and with the codes, r…

(a) Each employer shall make, keep, preserve, and furnish to the director any records regarding his or her activities relating to this chapter that the director, in cooperation with the United States Secretary of Labor and the United States Secretary of Health, Education and Welf…

(a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized: (1) To enter without delay and at reasonable times any factory, plant, establishment, construction site or other area, workplace, or environment wh…

(a) Any employee or representative of employees who believes that a violation of a safety or health code exists that threatens physical harm, or that an imminent danger exists, may request an inspection by giving notice to the director of the violation or danger. Any notice shall…

(a) The superior court shall have jurisdiction, upon petition of the attorney general, to restrain any conditions or practices in any place of employment that are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or b…

It shall be the duty of the director to enforce the provisions of this chapter and upon request of the director the attorney general shall prosecute all violations of this chapter.

(a) If upon inspection or investigation the director believes that an employer has violated a requirement of § 28-20-8, or of any code, rule, or order promulgated pursuant to § 28-20-24, or of any regulation prescribed pursuant to this chapter or chapter 19 [repealed] of this tit…

(a) After the issuance of a compliance order pursuant to § 28-20-16(a), the director shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under § 28-20-18 an…

(a) Any employer who or that willfully or repeatedly violates the requirements of § 28-20-8, any code, rule, or order promulgated pursuant to § 28-20-24, or regulations prescribed pursuant to this chapter, may be assessed a civil penalty of not more than ten thousand dollars ($10…

(a) The occupational safety and health review board is established. (b) The review board shall be composed of seven (7) members appointed by the governor: (1) One of whom shall be a qualified member of the occupational safety profession; (2) One shall be a qualified elevator repr…

(a) The department of labor and training shall be responsible for the administration and enforcement of all laws, codes, rules, and regulations pertaining to occupational safety and health as applied to every employer operating in this state, provided that inspection of health ha…

The department of labor and training is directed to develop an informational brochure relating to the use of video display terminals in the work place. In addition to the brochure, the department shall develop a plan, in cooperation with business, industry, and labor, for the dis…

Any employer, employee, the director, or other individual who or that is aggrieved by any order of the review board may appeal the order pursuant to the provisions of chapter 35 of title 42.

(a) No employer shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any proceeding; or b…

There is created within the department of labor and training a code commission for occupational safety and health, consisting of five (5) members, of whom two (2) shall represent industry, two (2) shall represent labor, and one shall represent the public and shall serve as chairp…

Members of the commission shall receive no salary, but shall receive compensation not exceeding twenty-five dollars ($25.00) for each day spent in the discharge of their official duties, with a maximum of fifteen hundred dollars ($1500) annually. An official meeting of the commis…

(a) In addition to any other powers and duties that may be conferred upon it by law, the commission shall have the power and duty to make, amend, and repeal codes for the elimination of safety or health hazards in every employment or place of employment, including the repair and …

No code may be adopted, amended, or repealed except pursuant to the provisions contained in chapter 35 of title 42.

All codes and all amendments to them and repeals of them shall take effect twenty (20) days after certified copies are filed in the office of the secretary of state.

(a) Every code adopted and every amendment or repeal of these codes shall be compiled as prescribed in § 42-35-5 and published in the manner and quantity required for reference and enforcement. A printed list of the titles of all codes including their amendments issued and adopte…

(a) The director of labor and training in cooperation with the director of health shall promulgate, without regard to the requirements of §§ 28-20-24 — 28-20-26, an emergency temporary code to take immediate effect upon publication and filing with the secretary of state if he or …

(a)(1) Any employer may apply to the director for a temporary order granting a variance from a code or any provision of a code promulgated under this chapter. (2) The temporary order shall be granted only if the employer files an application that meets the requirements of subsect…

The director shall issue an annual report to the governor and to the general assembly no later than January 10 in each year. He or she shall also submit reports to the United States Secretary of Labor in any form and from time to time that the secretary may require.

Any employer, employee, or other individual who may be adversely affected by any code adopted under this chapter, or any amendment of it, may, within thirty (30) days after its promulgation, commence an action in the superior court against the director to set aside the code or po…

In any proceedings under § 28-20-30, the court shall order notice to be given to the commission and to the director in any manner that it shall determine. Any proceeding under § 28-20-30 and the pleadings therein shall be governed by the laws and rules of practice applicable to o…

All information reported to or otherwise obtained by the director in connection with any inspection or proceeding under this chapter that contains or that might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential for the purpose of that section,…

Nothing in this chapter shall be construed to repeal or to limit or restrict in any way present state laws, regulations, or orders governing the safety or health of employees in any place of employment that are not in conflict with this chapter.

If any provision of this chapter or the application of the provision to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to persons or circumstances other than those as to which it is held invalid shall not be affected …

(a) The director shall appoint the chief of the division of occupational safety. The appointee shall also serve for the purposes of coordinating and administering the provisions of this chapter and chapter 19 [repealed] of this title and of chapter 1.1 of title 23 as the state oc…

The division of occupational safety of the department of labor and training shall adopt the latest regulations of the federal Occupational Safety and Health Administration (OSHA) as they pertain to the human immunodeficiency virus (HIV) and hepatitis and shall, in consultation wi…

Compliance inspectors shall devote their entire scheduled work time and attention to the duties of their respective offices. The chief of the division of occupational safety shall assign compliance inspectors to the duties to be performed. No employee of the division of occupatio…

The general assembly shall annually appropriate any sums that are necessary to carry out the provisions of this chapter. The state controller is authorized and directed to draw his or her orders on the general treasurer for the payment of the sums so appropriated or so much of it…

This chapter shall apply to every employer now or subsequently doing business in this state and all applicants for industrial registration as provided in chapter 19 [repealed] of this title. Each employer or applicant shall furnish the director his, her, or its name; the characte…

(a) Each employer shall furnish to each of his or her employees a place of employment that is free from recognized safety and health hazards that are causing, or are likely to cause, death or serious physical harm to the employees. (b) Each employer shall comply with occupational…

Every employee shall comply with occupational safety and health codes, rules, regulations, and orders issued under the provisions of this chapter that are applicable to his or her actions and conduct.

An employer who uses, transports, stores, or otherwise exposes its employees to toxic or hazardous substances shall obtain, maintain, and make available in each workplace a list of all hazardous substances to which employees are or may be exposed. The lists of all hazardous subst…

(a) A manufacturer or employer may withhold the precise chemical name of a chemical if: (1) The manufacturer or employer can substantiate to the department of labor and training that it is a trade secret; (2) The chemical is not a carcinogen, mutagen, or teratogen as published in…

(a) This chapter does not apply to any designated substance that is a food, drug, cosmetic, or tobacco product if the substance is intended for personal consumption by employees while in the workplace. Additionally, the chapter does not apply to any consumer product and/or food s…

Any physician who is treating an employee and who believes that the employee has a health problem that may be the result of occupational exposure to a designated substance or substances shall have all rights of access to information afforded to any employee under this chapter, ex…

(a) The responsibility for enforcement of the provisions of this chapter shall be that of the department of labor and training. In addition to its other obligations, the department shall establish and maintain the list of designated substances, and the list shall be reviewed at i…

The director of labor and training is authorized to provide assistance to employers, employee organizations, and employees in the development and conduct of training programs for employees and local public safety personnel, and may provide assistance and consultation to the emplo…

Nothing contained in this chapter shall in any way be construed to be a substitution for any right of action belonging to any person who may suffer injuries because of any hazardous substance.

(a) The director of labor and training shall determine which employers are subject to the provisions of this chapter. No employer shall be exempt from the provisions of this chapter unless and until a request for exemption is filed and approval is granted; provided that public an…

In addition to and not in lieu of the remedies available to employees under § 28-21-8(4), any employer who shall willfully and intentionally violate the requirements of this chapter shall be subject to a fine imposed by the department of labor and training at the rate of not more…