A N A C T
RELATING TO INDUSTRIAL REGISTRATION
Introduced By: Senators DaPonte, Ruggerio, Lanzi, Ciccone, and P Fogarty
Date Introduced: February 13, 2003
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 28-19 of the General Laws entitled "Industrial Registration" is
hereby repealed in its entirety.
Purpose of chapter. -- The state of Rhode Island, through the
department of labor
and training, has striven to remove all unsafe and unhealthy conditions from
the work place. To
achieve this goal, agencies of the state have been given the right to inspect
and enforce health and
safety statutes and regulations in specific areas. To create a unified ability
to enforce these rules
and regulations and insure safe and healthy working conditions this chapter
establishes an industrial
registration program in order to identify those industries fostering those
Definitions. -- The following terms as used in this chapter have
the following meanings:
(1) "Department" means department of labor and training;
(2) "Director" means the director of the department of labor and
(3) "Facility" means location of manufacturing;
(4) "Industry" means those persons or organizations engaged in the
manufacturing of a product
or a related field designated by the code commission for occupational safety
and health as subject
to a registration program in order to prevent unsafe or unhealthy working
(5) "Manufacturing" means all activities prior to the sale of the
finished product or shipment
of unfinished products out of the state except those processes or industries or
industries deemed by the code commission for occupational safety and health not
to require registration;
(6) "Person" or "persons" means an individual, corporation,
partnership, association, firm,
trustee, receiver, or assignee for benefit of corporation operating a facility
to this chapter;
(7) "Portion of industry" means a segment of industry as identified
by a four (4) digit code
in the standard industrial classification manual of the United States office of
(8) "Product" means all items manufactured by an industry subject to
to this chapter. 28-19-3.
Industrial registration. -- The code commission for occupational
safety and health
established pursuant to section 28-20-22 shall determine at public hearing
those industries or
portions of industries which by experience, as evidenced by statistics compiled
or maintained by
the department and by those other state and federal agencies as may be
appropriate, may foster conditions
jeopardizing the health and safety of employees or the public. Those industries
of industries cited by the commission shall be required to register with the
department on an
annual basis. Manufacturing facilities or industries or portions of them
subject to registration shall
be subject to an inspection pursuant to this chapter and for compliance with
in accordance with chapters 1.1, 27.2, 27.3, 24, 24.1, and 24.2 of title 23 and
and 20 of this title. 28-19-4.
Registration. -- (a) (1) Those persons operating industries or portions
subject to registration under the provisions of this chapter shall, on an
annual basis, submit
a registration application form to the department.
(2) The registration application form shall be provided by the department and
contain the necessary
(3) A form must be filed for each facility operated by an industry unless the
facility is deemed
exempt by the department.
(b) (1) Upon receipt of the registration application form, a registration
certificate shall be issued
which must be posted in a conspicuous place at the facility whose address
appears on the certificate.
(2) Registration certificates are not be transferable and whenever a facility
is operated by a
different person within the meaning of this chapter or moved to a different
address, a new application
must be filed. 28-19-5.
Annual registration fee. -- Those persons operating industries
or portions of industries
subject to registration under this chapter shall, on an annual basis, pay to
an annual registration fee of fifty dollars ($50.00) per facility. 28-19-6.
Inspections. -- Whenever it is deemed necessary, the director
to be conducted in accordance with chapter 20 of this title of facilities
subject to registration.
The department shall report to the state department of health, building code commission,
and state fire marshal any condition which potentially violates those chapters enumerated
in section 28-19-3. 28-19-7.
Inspection by other agencies -- Reporting to department. -- Upon
receipt of a notice
of potential violation from the department, the department of health, building
or state fire marshal shall inspect the facility and report to the department
(30) days. The director or his or her authorized representative shall maintain
all records concerning
reported violations as well as the results of inspections by the department of
code commission, or state fire marshal. 28-19-8.
Subpoena powers. -- In the administration of this chapter, the
director or his or her
authorized representative may exercise the power given to him or her under
section 28-20-12. 28-19-9.
Rules and regulations. -- The director shall promulgate those
rules and regulations
that are necessary to carry out the intent and purpose of this chapter pursuant
35 of title 42. The director shall provide forms and procedures related to the
this chapter to ensure that the person or persons operating the industries or
portions of industries
shall not be required to file with the department of labor and training more
than one registration,
license, application, and/or certificate form or pay more than one fee to the department,
if those person or persons are required to obtain a permit in accordance with
-- 28-18-5.4. 28-19-10.
Appeals. -- Those persons aggrieved by a decision of the
director or the code commission
for occupational safety and health may appeal that decision to the occupational
review board established pursuant to section 28-20-19. 28-19-11.
Judicial review. -- Any person who is aggrieved by a decision of
safety review board may appeal from the decision pursuant to chapter 35 of
title 42. 28-19-12.
Revocation or suspension of registration. -- The director may
revoke or suspend
the registration of any person for a violation of this chapter or those
chapters enumerated in
section 28-19-3. No registration shall be suspended or revoked unless the
holder of the registration
has had reasonable notice and opportunity to be heard. 28-19-13.
Penalty for violations. -- In addition to any penalty assessed
for failure to comply
with those chapters enumerated in section 28-19-3, penalties for violations of
this chapter are
assessed as a civil penalty of not more than one thousand dollars ($1,000) for
each violation. Enforcement
of the penalties is conducted in accordance with chapter 20 of this title. 28-19-14.
Severability. -- If provisions of this chapter or the
application of any of them to
any person or circumstance are held invalid, the remaining provisions of this
chapter and the application
of the provisions to other persons or circumstances shall not be affected by
SECTION 2. This act shall take effect upon passage.