As I write this article, I am reviewing one of the General Assembly session’s most anti-business, anti-competitive bills I have had the displeasure of reading in my many years of walking the State House Hallways. Once again, the business community, including your association, strongly opposes Senate Bill 2486 – An Act Relating to Labor and Labor Relations – “Establishing the Dignity at Work Act.” The intent of this bill is quite laudable but it would place employers in a most difficult position and would lead to countless lawsuits. To be clear, your RILBMDA does not support or condone workplace bullying or intimidation, or abuse of any kind.
This bill should be of concern to all businesses. Potentially, it could lead to a myriad of lawsuits primarily because of the definition of “workplace bullying and general harassment.” It is vague and subject to interpretation. It includes “interpersonal interactions” or “management actions” including “other forms of actions” many of which are subjective. Specific actions that are characterized as bullying include overbearing or intimidating levels of supervision; changing work arrangements to deliberately inconveniencing someone; spreading misinformation; ignoring someone; reminding a person of past mistakes; unjustifiably excluding colleagues from meeting or communications; and so on.
It would be impossible for any employer to monitor the laundry list of potential activities. The employer would be responsible and have a duty to assure and protect against bullying, moral, psychological, general harassment, and other abusive behaviors. The employer would or could be held liable for such actions including acts committed by customers and other non-employees. It would encourage frivolous lawsuits to make Rhode Island an outlier and less competitive.
Health insurance issues are one of businesses’ major cost drivers. In recent years, we have seen the business community became more involved with health related matters. Your association has previously joined with other business organizations in opposing mandates that would further increase the cost of health insurance in our state.
RILBMDA has concerns that passage of additional health mandates will further increase the cost of health insurance to Rhode Island individuals, families, taxpayers, and businesses. It is our understanding that the cost of health insurance coverage remains one of our nation’s most important issues and remains a major cost driver. Presently, Rhode Island is a leader in the enactment of health mandates and many more are proposed this legislative session. This includes paying more to certain health disciplines such as physical therapists, acupuncturists, etc. and mandating prescriptions, some without any co-payments or deductibles regardless of cost.
Please remember the state must assume the cost of mandates in excess of its essential health benefit package. In 2013, Rhode Island General Assembly passed legislation i.e. RIGL §27-67-7 requiring that any new state health benefit mandate or the expansion of one shall include a statement of intent including measurable goals and address both the legislative commercial insurance affordability and population health outcomes. This section to our knowledge has not been followed.
RILBMDA urges Rhode Island to proceed with caution when considering these mandates and their impact on health care costs. We agree extraordinary times require extraordinary measures. However, our elected officials should follow the guidance as laid out in RIGL §27-69-7 as our state works towards providing affordable healthcare and coverage. Our General Assembly should also utilize the Rhode Island Cost Trends Steering Committee (representing all interested parties) and its ongoing study of the health care costs in our state with the end objective of expanding access to affordable healthcare for our state’s residents.
Other issues you will be hearing about as the 2022 General Assembly session nears its mid-point include the 2022-2023 State Budget as it more fully develops, legalization of recreational marijuana, wage theft, and climate carbon