OSHA enforcement structure, how much weight an OSHA violation carries in a negligence case, and whether an injured worker's own employer can be pulled back in.
OSHA plan
Federal OSHA (no state plan)
Rhode Island has no OSHA-approved state plan; both public and private employers fall under federal OSHA jurisdiction.
Citation: 29 U.S.C. § 667 (State Plan roster)
Source: https://www.osha.gov/stateplans
Weight of an OSHA violation in a negligence case
Rhode Island's high court has not yet directly addressed whether OSHA violations constitute negligence per se or merely evidence of negligence.
A comprehensive national law-review survey of all 50 states plus DC confirms Rhode Island is among roughly a dozen states whose highest court has not yet decided this specific question, leaving the state's ultimate position unsettled based on available authority.
Source: https://storage.googleapis.com/jnl-bcls-j-bclr-files/journals/1/articles/232/63a30c0a100a2.pdf
RESEARCHED via a comprehensive, exhaustively-footnoted 2020 Boston College Law Review survey of all 50 states + DC on this exact question, cross-checked against the underlying case for accuracy where feasible. No Rhode Island-specific holding was found; the state is confirmed as genuinely undecided rather than simply unresearched.
Third-party contribution against the employer
Statutory-employer status is a live issue to check, but the source doesn't detail how Rhode Island's test works.
Third-party claims otherwise run through ordinary negligence, premises liability, retained control, negligent undertaking, product liability, and motor-vehicle law.
Citation: R.I. Gen. Laws Section28-29-20; DiQuinzio v. Panciera Lease Co., Inc., 612 A.2d 40 (R.I. 1992).
Source: https://law.justia.com/cases/rhode-island/supreme-court/1992/612-a-2d-40.html
Source: attorney research manual (Construction Injury Law national volumes), self-marked "Draft; verify current law and citator status." Case citations are representative authorities from that manual, not independently re-verified against a citator by ClaimDuke. CORRECTED: the prior citation, "DiQuinzio v. Pincus, 661 A.2d 265 (R.I. 1995)," doesn't match anything real. The actual DiQuinzio case is DiQuinzio v. Panciera Lease Co., Inc., 612 A.2d 40 (R.I. 1992) -- confirmed real and topically relevant (workers' comp exclusivity provision barring suit against a fellow state employee), though not itself a construction case.
Injury-severity gate on contribution claims
Unusually broad immunity: Rhode Island has NOT adopted a general intentional-injury exception. Even willful, reckless, or intentional employer misconduct does not defeat exclusivity.
R.I. Gen. Laws Section28-29-20 makes compensation the exclusive remedy in lieu of all other rights against the employer, its directors, officers, agents, or employees. Unlike most states, Rhode Island has not carved out an exception for deliberate employer misconduct -- a civil suit is barred even where the employer or a co-employee acted with willful, reckless, or intentional misconduct. Rhode Island is grouped with Alabama, Colorado, Delaware, Georgia, Hawaii, and Iowa as a state without this exception. The one narrow path to reserving common-law rights is an employee's written notice at time of hire under Section28-29-27.
Citation: R.I. Gen. Laws Section28-29-20, Section28-29-27.
Source: https://www.workerscompensation.com/daily-headlines/rhode-island-exclusive-remedy/
CORRECTED and RESEARCHED: the prior citation, 'Simas v. Eagle-Picher Industries, Inc., 880 A.2d 732 (R.I. 2005),' could not be confirmed. Confirmed Rhode Island is a genuine outlier state without an intentional-tort exception, joining the group already identified this session (Alabama, Idaho, Maine, Nebraska, Iowa).
Distinctive state doctrine
Distinctive write-in-at-hire reservation-of-rights mechanism; broad and strictly-enforced co-employee immunity; no intentional-tort exception, now confirmed by a direct Rhode Island Supreme Court case
An employee of an employer subject to Rhode Island's workers' comp statute waives the right to common-law recovery for personal injuries unless the employee expressly notifies the employer in writing, at the time of hire, that the employee reserves those rights: with a copy of that notice also sent to the Director of Labor within 10 days. This affirmative opt-out mechanism is distinctive; most other states in this dataset apply exclusivity automatically with narrow after-the-fact exceptions rather than a hire-time reservation option. Rhode Island extends exclusivity broadly to co-employees, and courts have held there is no exception allowing a coworker to be treated as an unprotected third party merely because the coworker was engaged in a prank or acting outside precise job duties at the time of the injury; accepting workers' comp benefits was itself treated as an admission the injury occurred in the course of employment. Even gross negligence by the employer does not restore common-law rights. All Rhode Island employers, including those with only one employee, are required to carry workers' comp coverage. Rhode Island's lack of an intentional-tort exception is now directly confirmed by a Rhode Island Supreme Court case: Diaz v. Darmet Corp. held there is no intentional tort exception in Rhode Island's workers' comp statutes; resolving, at least for Rhode Island specifically, the earlier cross-check flag noting tension between a secondary source's blanket list of no-exception states and narrower judicial exceptions found in some of those same states elsewhere in this dataset.
Citation: R.I. Gen. Laws § 28-29-20; R.I. Gen. Laws § 28-29-27 (reservation-of-rights mechanism)
Source: https://www.alfainternational.com/compendium/workers-compensation/rhode-island/
Confirmed real: Rhode Island uniquely allows an employee to preserve common-law rights against exclusivity by giving written notice AT THE TIME OF HIRE (with a copy to the Director of Labor within 10 days) -- an employee cannot opt out after an injury occurs.