§ 28-21-8 - Employee rights.
SECTION 28-21-8
§ 28-21-8 Employee rights. – The following rights are guaranteed to employees:
(1) Refusing to work. If an employee has requestedfrom his or her employer information about a designated substance or mixture,either in the form of material safety data sheets or the chemicalidentification list as defined in § 28-21-1, and has not received thisinformation from the employer within three (3) working days of the date of therequest, not including weekends or holidays, the employee may then refuse towork with or be exposed to the designated substance or mixture. Notwithstandingthe provisions of this subdivision, if the employer has invoked and compliedwith the procedures set forth in § 28-21-3(c), the time period of three(3) working days, not including weekends or holidays, shall be extended toequal any time period provided to the manufacturer or employer under §28-21-3(c), or until the information has been received by the employer,whichever is sooner.
(2) Discipline, discrimination prohibited. An employermay not discharge or otherwise discipline or discriminate against any employeebecause the employee has exercised his or her right under § 28-21-6 and/orthis section, or has testified or is about to testify in any proceeding relatedto this chapter.
(3) Waivers prohibited. An employer may not request orrequire any employee to waive any rights under this chapter.
(4) Remedies and complaint procedure for employees.(i) Any employee who has been discharged, disciplined, or otherwisediscriminated against by any employer in violation of this chapter may, withinone hundred eighty (180) days after the violation occurs or ninety (90) daysafter the employee first obtains knowledge that a violation has occurred,commence an action in any appropriate court of law alleging wrongful dismissalin violation of this chapter.
(ii) In addition to but not in lieu of the action inparagraph (i) of this subdivision, any employee may commence any action in anyappropriate court of law to enforce any obligation, duty, or responsibilityimposed upon him or her or the employer under the provisions of this chapter.