Health and Safety
§ 23-24.5-11 Complaint process.
(a) An occupant of any building or the parent or guardian of any minor who is
an occupant of a building or an employee working in a building or that
employee's representative may request the director to undertake an inspection
of that building for the purpose of detecting friable asbestos, of demanding
enforcement of an abatement plan, and/or to request copies of inspections
previously undertaken of any asbestos abatement plan related to the occupant's
building by notifying the director in writing of the request by identifying the
building location and address and by setting forth any reason for suspecting
the existence of friable asbestos in the building.
(b) The director shall within forty-five (45) days of receipt
of that request answer the request in writing setting forth the results of any
inspection undertaken, the reason for not undertaking an inspection, or for
either not abating or for abating the asbestos condition of the building.
(c) Any occupant not receiving an answer within forty-five
(45) days or not satisfied with the response of the director may request an
order for the relief requested through the Administrative Procedures Act,
chapter 35 of title 42, from the department's hearing officer and appeal as an
(d) The name of the complainant shall remain confidential.
(e) No public employee or beneficiary of public funds making
a request or complaint to the director shall, as a result of a request or
complaint, be subject to any retaliatory action, discriminatory act, job
dismissal, suspension, or discipline by any person. Any employee or beneficiary
subjected to this action shall be entitled to all the rights and remedies set
forth in the Rhode Island Whistleblowers Act, chapter 50 of title 28.
History of Section.
(P.L. 1985, ch. 366, § 1; P.L. 1987, ch. 541, § 1; P.L. 1989, ch.
542, § 54.)