Rhode Island — Workplace Safety

Rhode Island does not operate an OSHA-approved state plan. Federal OSHA exercises jurisdiction over private-sector employers in the state. Federal OSHA does not cover state and local government employees (including public schools and municipalities); those public-sector workplaces have no OSHA enforcement authority unless Rhode Island adopts a state plan in the future. Covered private employers must comply with federal standards in 29 C.F.R., including general industry (Part 1910), construction (Part 1926), and injury/illness recordkeeping (Part 1904).

Source: Rhode Island Area Offices

Rhode Island's Hazardous Substances Right-to-Know Act, codified at R.I. Gen. Laws Chapter 28-21, imposes state-specific chemical-hazard disclosure requirements on employers whose employees may be exposed to designated hazardous substances. The Act runs parallel to federal OSHA's Hazard Communication Standard (29 C.F.R. § 1910.1200) but includes Rhode Island-specific registration, list-posting, and enforcement obligations.

Covered substances and quantity thresholds

A substance is a "designated substance" under § 28-21-2(3) if it appears on Rhode Island's list of toxic or hazardous substances and is present in quantities exceeding two gallons or 10 pounds within the workplace. For carcinogens, mutagens, or teratogens, the statute requires reporting "if the concentration is equal to or greater than one part of the substance per ten thousand (10,000) by volume." "Toxic substance" is defined in § 28-21-2(13) by reference to the American Conference of Governmental and Industrial Hygienists (ACGIH) Threshold Limit Values and the International Agency for Research on Cancer (IARC) carcinogen list; "hazardous substance" is defined in § 28-21-2(8) by reference to the National Fire Protection Association's Fire Protection Guide on Hazardous Materials.

For mixtures, § 28-21-3(a)(1)(ii) requires the chemical identification list to contain "the chemical and/or trade names of any mixture that contains designated substances present in amounts greater than one percent (1%) of a volume of more than two gallons (2 gals.) or 10 pounds (10 lbs.) within the workplace except in the case of carcinogens, mutagen, or teratogen that shall be reported if they are present in amounts of one part per ten thousand (10,000) by volume or greater."

Employer obligations under the statute

Employers must comply with several distinct obligations under Chapter 28-21:

1. Obtain Safety Data Sheets (SDSs). Section 28-21-3(b) requires each employer to obtain a material safety data sheet (now commonly referred to as a Safety Data Sheet under federal HazCom 2012) for each designated substance or mixture containing a designated substance. If a supplier fails to provide an SDS after documented efforts that include a certified letter to the manufacturer, supplier, or distributor, the employer must notify DLT within 45 days of the original request date. DLT then demands the information from the manufacturer and may prohibit sale of that substance in Rhode Island if the manufacturer does not comply within 90 days.

2. Maintain and post a chemical identification list. Section 28-21-3(a)(1) requires each employer to maintain a list of all designated substances, by chemical and common name, organized by work area. The lists must be "readily available to employees for examination during all hours of operation." Section 28-21-1 further requires a poster at conspicuous locations explaining employee rights under the Act and providing DLT contact information; the statute directs DLT to design, print, and distribute the poster.

3. Label containers. Section 28-21-18(a) requires "each container of designated substances in the workplace as listed in § 28-21-3 is labeled, tagged, or marked with the following information." The statute permits employers to use posted signs when "stationary containers in a work area have similar contents and hazards."

4. Provide employee training. Section 28-21-11(b)(2)(i) requires employers to "provide all employees including support personnel and students with information and training on hazardous and toxic substances in their work area at the time of their initial assignment and whenever a new hazard is introduced into their work area."

5. Employee access to information. Section 28-21-3 mandates that employers maintain the chemical identification list and SDSs and make them available to employees. Rhode Island DLT guidance materials indicate that upon request from an employee, employers must grant access to hazardous-substance information within three working days; if the employer does not comply, employees may file a formal complaint with DLT's Occupational Safety Unit.

6. Annual registration with DLT. Rhode Island DLT's Right-to-Know Guidelines state that "employers must complete the Hazardous Substance Right-to-Know Annual Registration Form and submit it to the RI Department of Labor and Training, Right-to-Know Unit." The guidelines clarify that although there is no longer a registration fee, the registration obligation remains mandatory for employers with at least one employee (full- or part-time) who has hazardous substances greater than 2 gallons or 10 pounds, or a product containing at least 1% carcinogen. This annual-registration requirement is an administrative enforcement mechanism imposed by DLT under its regulatory authority; the underlying statutory duty is the maintenance and submission of chemical lists under § 28-21-3.

Exclusions

Section 28-21-11(a) excludes substances that are food, drugs, cosmetics, or tobacco products "intended for personal consumption by employees while in the workplace," as well as "any consumer product and/or food stuff in its finished state packaged for distribution to and intended or retail sale to and use or consumption by the general public."

Section 28-21-11(b)(1) excludes "hazardous or toxic substances being developed or used only in laboratories" (defined narrowly to exclude quality-control labs and manufacturing-support labs), provided the employer complies with specified conditions: maintaining incoming-container labels, maintaining SDSs for incoming shipments, ensuring employee access to SDSs, and providing laboratory-employee information and training under § 28-21-11(b)(2).

Penalties

Rhode Island DLT enforcement guidance states that "employers who are not in compliance may be fined up to $5,000 per day until they bring the company" into compliance. The Act is enforced by DLT's Occupational Safety Unit.

Relationship to federal OSHA

Rhode Island does not operate an OSHA-approved state plan; federal OSHA has jurisdiction over private-sector employers in the state (see the guide's federal-OSHA jurisdiction section). The Right-to-Know Act operates as a supplementary state disclosure regime. Employers must comply with both federal OSHA's Hazard Communication Standard (29 C.F.R. § 1910.1200) and Rhode Island's Chapter 28-21 registration and list-posting obligations. The two regimes overlap substantially on SDS and labeling requirements but diverge on registration and state-specific chemical lists.

Source: R.I. Gen. Laws § 28-21-2 (Definitions) Source: R.I. Gen. Laws § 28-21-18 (Labeling) Source: R.I. Gen. Laws § 28-21-11 (Exclusions) Source: RI DLT Right-to-Know Guidelines for Employers