2023 -- H 5931

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LC001841

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO HEALTH AND SAFETY -- HAZARD PAY AND PROTECTION FOR

ESSENTIAL WORKERS

     Introduced By: Representatives Caldwell, Donovan, McEntee, Fogarty, O'Brien, Craven,
and Kazarian

     Date Introduced: March 01, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 99

HAZARD PAY AND PROTECTION FOR ESSENTIAL WORKERS

     23-99-1. Definitions.

     As used in this chapter:

     (1) "Essential business" means any private-sector employer that provides "esential

services" and is authorized to remain open during a declaration by the governor of a public health

state of emergency. This law shall apply to employers with eleven (11) or more employees.

     (2) "Essential services" means any services that are required to promote the public health

and welfare of the state during a public health crisis and/or a state of emergency in an executive

order issued by the governor.

     (3) "Essential worker" means an individual employed by an "essential business."

     23-99-2. Hazard pay for essential workers.

     (a) Notwithstanding any section of the general laws to the contrary, following the

declaration by the governor of a public health state of emergency that includes or is followed by

any additional executive order in furtherance of such declaration that includes an order to stay at

home, shelter in place, or limit time spent outside the home, any employer that provides "essential

services" outside his or her home, shall pay each of its essential workers, "hazard pay," calculated

at a rate not less than one and one-half (1 1/2) times the essential worker's regular rate of pay for

any hours worked while the public health state of emergency is in effect. This section shall not

apply to anyone employed by the state or any of its political subdivisions, or a bona fide executive,

administrative, or professional person exempt from overtime under the federal Fair Labor Standards

Act.

     (b) No essential worker shall be required to perform "essential services" work under the

following conditions:

     (1) If the worker reasonably believes that working in the workplace would seriously

threaten their health or safety;

     (2) If the worker has a health condition that puts them at an elevated health risk arising

from an immediate or imminent exposure to a hazard;

     (3) If they live with a person whose health condition would put that person at an elevated

risk on the basis that working creates a health risk to that person; or

     (4) If they have to care for children and daycare or schools are not available following the

declaration by the governor of a public health state of emergency. A refusal to work shall not be

grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. However,

this section shall not require an employer to provide pay during a period of refusal under this

section, although this section shall not impair an employee's right to receive pay for any other

reason.

     (c) The provisions of this law shall be enforced by the office of the attorney general.

However, an employee’s right to receive all wages due under any other statute shall not be impaired

by this statute, nor shall an employee's ability to enforce their rights under any other statute.

     (d) Following the declaration by the governor of a public health state of emergency, that

includes or is followed by any additional executive order in furtherance of such declaration, any

essential employer shall provide each of its essential workers, at no cost to them, personal protective

equipment related to the public health state of emergency and recommended for the relevant work

site or job task by the department of labor and training, the department of health, the U.S. Centers

for Disease Control and Prevention, or the Occupational Safety and Health Administration.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HAZARD PAY AND PROTECTION FOR

ESSENTIAL WORKERS

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     This act would create hazard pay for essential services during a public health crisis as

issued by the governor.

     This act would take effect upon passage.

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LC001841

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