labor lawAdivision of labor law center

Employees in Rhode Island now have 3 years to file a suit under the state Civil Rights Act, instead of one. Earlier this year, the General Assembly overrode a July 2009 veto from Governor Donald Carcieri, to revise the statute.

Rhode Island prohibits discrimination based on race, sex, religion, color, age, disability or country of origin. The very broad Rhode Island Civil Rights Act simply entitles individuals to “enjoy equal benefits of the law.” This is usually interpreted to mean protection from employment discrimination and retaliation, among other rights. Until recently, this law had no statute of limitations on lawsuits.

A second law, the Fair Employment Practices Act or FEPA, specifically includes a one-year statute of limitations. In 2007, the Rhode Island Supreme Court ruled in Horn v. Southern Union that the two laws must be consistent. Therefore, the court imposed a one-year statute of limitations on the Civil Rights Act.

The state legislature decided that the one-year statute of limitations was too narrow, and specifically passed a law giving an employee (more…)

Every employer needs to have a plan to prevent workplace violence. Nurses, utility workers, probation officers, mail carriers, and phone and cable TV installers are just a few of the types of workers at risk from workplace violence. No occupation is protected from the hazard. Professionals and blue-collar workers alike face this danger.

There were 94 murders in the workplace in 2006, down from more than 200 annually in the early 1990s, according to the Bureau of Labor Statistics. Every year, more than 2 million people face some form of workplace violence.

Tragically, OSHA (the Occupational Safety and Health Administration) notes that homicide is one of the biggest causes of workplace death, nationwide and in Rhode Island.

Information on preventing workplace violence is available in the form of streaming videos and downloads from the National Institute for Occupational Safety and Health (NIOSH).

Employers should set a zero tolerance policy against violence and set up a prevention plan. Employee handbooks and manuals should include prevention information because all workers should be familiar with company policy on violence. Everyone on the job should realize that every case of violence reported will be looked into and corrected.

It is best that companies use video cameras, alarm systems and extra lighting on the job. Staff should have cell phones and hand held alarms. Access to the job should be limited with I.D. badges, guards, and electronic keys. It is a good policy to keep a drop safe so that cash on hand is limited.

People who work outside the office should file a work plan and keep employers up to date on their locations. Those employees who are uncomfortable leaving the worksite late at night should receive an escort.

Employees who work in the community or in the home are susceptible to violence. That includes visiting nurses, other healthcare workers, probation officers, and psychiatric evaluators to name a few in the social services. Mail carriers, retail workers, taxi drivers, phone and cable TV installers, and gas and water utility workers are at high risk.

Generally those who deliver, work in high crime areas, work alone in small groups, or exchange money face a hazard.

OSHA Rhode Island Worker Safety

There are no guarantees against the risk of workplace violence, but the Occupational Safety and Health Administration (OSHA) has developed a set of steps to prevent, protect and respond. Employees should be trained to recognize, avoid, or defuse violent or potentially violent situations.

If an incident occurs, employees should report it to the police without delay and provide first aid and other medical attention as soon as possible. Employers should tell victims about their rights to take legal action against the perpetrators and should have a discussion with the staff, suggesting that they come up with ideas about preventing future episodes. Counseling or stress debriefing should be offered to everyone.

In the realm of prevention, employees should let a manager or supervisor know about any safety or security concerns. All incidents should be reported in writing and promptly, even if the incident does not seem serious. Warning signs of violent behavior before serious workplace violence include rage, verbal abuse, minor assaults, threats, and property destruction.

Employers should develop a procedure for dealing with violence in the workplace. This should be practiced the way a company practices fire drills. Every threat should be taken seriously by employers and all incidents, no matter how minor they may seem, should be investigated. The worker who punches someone in the arm this week may be the same one who shoots a coworker the following week. Employers should keep records of threats and incidents and take corrective measures.

There are steps employers should take to prevent violence to employees outside the workplace as well. Workers should be warned against traveling by themselves into locations and situations that they are not familiar with. For example, employees should not be scheduled to arrive in a new, strange city at 2 in the morning. Employees who work in the community should be cautioned against flashing jewelry or displaying expensive merchandise.

OSHA has what is called a General Duty Clause. This clause obligates all employers to provide a “safe and healthful” workplace. Taking steps to either prevent or limit the hazards of an episode of workplace violence.

On January 28, 2008, President George W. Bush signed the NDAA (National Defense Authorization Act) HR 4986 into law. This was the first major expansion of the FMLA (Family Medical and Leave Act) since its passage in 1993.

The bill went into effect immediately, which means Rhode Island military families were entitled to take FMLA beginning January 28, 2008.

As a result of this expansion, FMLA will now provide up to 26 weeks of unpaid, job-protected leave to relatives and spouses of National Guard and Reserve personnel who are called to active service. The law allows a spouse, son, daughter, parent or next of kin to take FMLA to care for military personnel who are under medical treatment, including physical or mental therapy and treatments on an outpatient basis. FMLA leave can also be taken to care for a soldier who’s on temporary disability for serious illness or injury.

Rhode Island FMLA and NDAA

According to the federal FMLA of 1990 (Family Medical and Leave Act), eligible employees can take up to 12 weeks of leave for personal reasons. These reasons include caring for a newborn, a newly fostered child or a new adopted child. Caring for an ill family member (child, spouse, parent) is also covered by FMLA.

To be eligible for FMLA coverage, employers must have at least 50 workers in a 75 mile radius. Employees must have worked at least 1,250 hours for the same company for the previous 12 months. FMLA is job-protected and unpaid.

Democratic presidential candidate Hilary Clinton, if elected, would like to amend FMLA to make it paid leave.

Employers already incur costs when an employee is on FMLA leave, even though it’s unpaid. They must continue to pay their share of the worker’s benefits. They must fill the worker’s position for the duration of the leave, too. This can sometimes include hiring someone new, and training them.

FMLA also guarantees the worker a job upon return from leave. The employer usually provides the same job. If the same position isn’t available, the company must put the worker in a job comparable in benefits, wages and conditions.

Plus, productivity levels can drop after a worker returns to the job. Employees often require weeks to attain their previous performance level.

Ms. Clinton’s plan would amend the FMLA by requiring employers to provide insurance for each of its employees. This insurance would provide the pay when the worker is on FMLA leave.

California already has a law on the books to provide paid FMLA. Hawaii’s leave isn’t paid, but the state law extends the definition of family member to grandparents, in-laws and domestic partners. Several other states simply extend FMLA by providing more than 12 weeks of leave.

In addition, the NDAA allows workers to take FMLA leave for “any qualifying exigency” regarding a family member who has been called to active duty. This “exigency” can include caring for children of a deployed soldier, or to care for an ill person previously under that soldier’s care.

According to FMLA currently in place, a family member was defined as spouse, parent, or child. As a result of NDAA, FMLA has been expanded to include “next of kin”. In some cases, the “next of kin” could include in-laws, cousins, aunts and uncles, which would allow them to take unpaid leave.

The regulations, including exactly what constitutes “any qualifying exigency” are still being drawn up by the U. S. Department of Labor. Until the final regulations are published, the NDAA is not technically in effect. Once the regulations are finalized, they will be sent to the White House for approval. Upon approval, the U. S. Department of Labor will publish the results.

Until publication, the U. S. Department of Labor requires employers to “act in good faith” and grant leave to eligible workers. To manage the leave, companies can utilize FMLA procedures already in place, such as medical certification and substitution of paid leave.

Every employer needs to have a plan to prevent workplace violence. Nurses, utility workers, probation officers, mail carriers, and phone and cable TV installers are just a few of the types of workers at risk from workplace violence. No occupation is protected from the hazard. Professionals and blue-collar workers alike face this danger.

There were 94 murders in the workplace in 2006, down from more than 200 annually in the early 1990s, according to the Bureau of Labor Statistics. Every year, more than 2 million people face some form of workplace violence.

Tragically, OSHA (the Occupational Safety and Health Administration) notes that homicide is one of the biggest causes of workplace death, nationwide and in Rhode Island.

Information on preventing workplace violence is available in the form of streaming videos and downloads from the National Institute for Occupational Safety and Health (NIOSH).

Employers should set a zero tolerance policy against violence and set up a prevention plan. Employee handbooks and manuals should include prevention information because all workers should be familiar with company policy on violence. Everyone on the job should realize that every case of violence reported will be looked into and corrected.

It is best that companies use video cameras, alarm systems and extra lighting on the job. Staff should have cell phones and hand held alarms. Access to the job should be limited with I.D. badges, guards, and electronic keys. It is a good policy to keep a drop safe so that cash on hand is limited.

People who work outside the office should file a work plan and keep employers up to date on their locations. Those employees who are uncomfortable leaving the worksite late at night should receive an escort.

Employees who work in the community or in the home are susceptible to violence. That includes visiting nurses, other healthcare workers, probation officers, and psychiatric evaluators to name a few in the social services. Mail carriers, retail workers, taxi drivers, phone and cable TV installers, and gas and water utility workers are at high risk.

Generally those who deliver, work in high crime areas, work alone in small groups, or exchange money face a hazard.

OSHA Rhode Island Worker Safety

There are no guarantees against the risk of workplace violence, but the Occupational Safety and Health Administration (OSHA) has developed a set of steps to prevent, protect and respond. Employees should be trained to recognize, avoid, or defuse violent or potentially violent situations.

If an incident occurs, employees should report it to the police without delay and provide first aid and other medical attention as soon as possible. Employers should tell victims about their rights to take legal action against the perpetrators and should have a discussion with the staff, suggesting that they come up with ideas about preventing future episodes. Counseling or stress debriefing should be offered to everyone.

In the realm of prevention, employees should let a manager or supervisor know about any safety or security concerns. All incidents should be reported in writing and promptly, even if the incident does not seem serious. Warning signs of violent behavior before serious workplace violence include rage, verbal abuse, minor assaults, threats, and property destruction.

Employers should develop a procedure for dealing with violence in the workplace. This should be practiced the way a company practices fire drills. Every threat should be taken seriously by employers and all incidents, no matter how minor they may seem, should be investigated. The worker who punches someone in the arm this week may be the same one who shoots a coworker the following week. Employers should keep records of threats and incidents and take corrective measures.

There are steps employers should take to prevent violence to employees outside the workplace as well. Workers should be warned against traveling by themselves into locations and situations that they are not familiar with. For example, employees should not be scheduled to arrive in a new, strange city at 2 in the morning. Employees who work in the community should be cautioned against flashing jewelry or displaying expensive merchandise.

OSHA has what is called a General Duty Clause. This clause obligates all employers to provide a “safe and healthful” workplace. Taking steps to either prevent or limit the hazards of an episode of workplace violence.

Rhode Island OSHA 300 forms need to be completed by employers now.  The forms were to be completed and displayed from February 1, 2008 to April 30, 2008.  This is a requirement of the Occupational Safety and Health Administration, also known as OSHA.

The OSHA 300 forms show all of the accidents from the previous year at a particular business.  The point in this form is to prevent future problems from occurring.  It is believed that if a company keeps track of the different types of accidents that happen most often, they can better focus their efforts on preventing those same accidents for the upcoming year.

It is a requirement by law that the OSHA 300 form be posted in an area that is readily accessible to all employees.  Some of the more popular locations for these postings include near the time clock and the employee break room.  There are currently no regulations requiring that the Rhode Island OSHA 300 form be posted in a public area.

OSHA is the federal agency that is responsible for maintaining safety in the workplace.  The organization regulates the majority of non-profits and private businesses in the United States.  Some industries, however, do have their own worker safety organizations under federal law.  The mining industry, for instance, is regulated by the Mining Safety and Health Agency.  The safety standards within the mining field are vastly different from those in the majority of businesses.  The Department of Transportation heavily regulates the transportation and railroad industries.

OSHA offers free safety advice and consultation.  They also perform inspections, and enforce all worker safety laws and regulations.

Because the OSHA 300 form is required by law, OSHA is intolerant of noncompliance.  Any business that is caught not properly displaying the required poster, for the full amount of time, is subject to fines.  OSHA is very concerned with the health and safety of employees, and they would like to inspire that same concern in employers nationwide.

Employers in Rhode Island, as well as other states throughout the Union, must do their part in reducing and preventing workplace accidents by ensuring that workers follow safety precautions.  This, of course, is one of the primary goals of the Occupational Safety and Health Administration.

Even those states with their own state worker safety agencies require a version of the OSHA 300 form.  In Washington, for instance, the state government requires employers to post a Washington OSHA form in order to keep track of work-related injuries and illnesses.  Employers must post the form from February 1 to April 30 of each year.  This form essentially recounts all work-related illnesses and injuries, which allows workers to gauge the safety of their company for that particular calendar year.

More than half of all states follow the federal OSHA program.  The federal program has a certain set of regulations regarding job safety and health standards.  There happen to be 22 states, however, that opted out of the federal program, and chose to operate their own OSHA.  Washington is one of those states.

According to federal regulations, each state’s OSHA plan has to be at least as effective as the federal OSHA program.  Since the majority of states follow the federal OSHA standards, the majority of state OSHA programs are practically identical to the federal program.

States with their own OSHA program conduct their own safety inspections instead of the federal government.  They also offer health training programs, as well as occupational safety programs.  The Washington OSHA, for example, just like the federal program, offers on-site consultation to assist employers in learning how to identify and correct workplace hazards.  The service that is provided is free.

The other state worker safety organizations have regulations that are similar, but California takes the process a step further.  This state chooses to make public workplace hazards that the federal program standards do not cover.