HB26-1054 · Bill · 2026 Regular Session · Colorado

Protections for Worker Safety

Concerning worker safety protections.

Official status: Lost

19 proposed amendments

Prime sponsors

Progress (from the official record)

Official summary

Official text — shown in English exactly as published by the official source. The official text controls.

Section 1 of the bill requires an employer to ensure the employer's workplace is free from recognized hazards, as interpreted consistent with the federal occupational safety and health administration's interpretation of the general duty clause of the 'Occupational Safety and Health Act of 1970' (OSH Act) as of September 1, 2025. Additionally, employers have the general duty to: Ensure that each workplace is constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all individuals employed or working in the workplace; and Comply with standards for workplace health and safety adopted by rule by the division of labor standards and statistics in the department of labor and employment (division) attorney general. The bill authorizes the following actions to address workplace health and safety concerns: The attorney general or the division may refer workplace health and safety concerns to relevant state or local authorities; The attorney general, the division, a labor organization, a worker organization, or a person aggrieved by a violation of the bill may file a civil action; For each violation of the bill or of rules adopted pursuant to the bill, a court may order the person an employer that violates the bill or rules to pay statutory damages to a person aggrieved by the violation; and A court may order a person an employer that violates the bill or rules adopted pursuant to the bill to pay a penalty to the attorney general for each violation. The bill creates the workplace health and safety fund (fund) into which penalties collected pursuant to the bill are credited. The money in the fund may be used by the division attorney general for specified purposes. The bill authorizes the division attorney general to adopt rules: To replace any requirement of the OSH Act or the 'Federal Mine Safety and Health Act of 1977' that is repealed or revoked; or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent; and To define standards for workplace health and safety if there is no standard in effect under the OSH Act; and As necessary to implement the bill. Section 2 authorizes the attorney general to apply to the appropriate district court for an order for specified relief if a person fails to obey an investigative demand, subpoena, warrant, or other investigative process related to worker and employee protection. Sections 2 3 through 8 11 make conforming amendments. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status timeline

Every recorded action on HB26-1054, oldest first
DateLocationAction
01/14/2026HouseIntroduced In House - Assigned to Business Affairs & Labor
02/26/2026HouseHouse Committee on Business Affairs & Labor Refer Amended to Appropriations
05/01/2026HouseHouse Committee on Appropriations Refer Amended to House Committee of the Whole
05/04/2026HouseHouse Second Reading Special Order - Passed with Amendments - Committee, Floor
05/05/2026HouseHouse Third Reading Passed - No Amendments
05/05/2026SenateIntroduced In Senate - Assigned to State, Veterans, & Military Affairs
05/07/2026SenateSenate Committee on State, Veterans, & Military Affairs Refer Unamended to Appropriations
05/08/2026SenateSenate Committee on Appropriations Refer Amended to Senate Committee of the Whole
05/08/2026SenateSenate Second Reading Special Order - Passed with Amendments - Committee
05/11/2026SenateSenate Third Reading Laid Over Daily - No Amendments
05/13/2026SenateSenate Third Reading Lost with Amendments - Floor

Recorded votes

Proposed amendments (19 proposed amendments)

Amendments proposed to HB26-1054, oldest first
AmendmentCommittee / floor hearingOfferedDispositionOfficial document
L.001Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.002Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.003Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.004Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.005Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.006Committee amendment — Business Affairs & Labor (House)02/26/2026PassedView official document
L.009Committee amendment — Appropriations (House)05/01/2026PassedView official document
L.010Committee amendment — Appropriations (House)05/01/2026PassedView official document
L.012Committee amendment — Appropriations (House)05/01/2026PassedView official document
L.016
Sponsor: Representative Velasco
Floor amendment — Second Reading (House)05/04/2026PassedView official document
L.017
Sponsor: Representative Velasco
Floor amendment — Second Reading (House)05/04/2026PassedView official document
L.014
Sponsor: Representative Richardson
Floor amendment — Second Reading (House)05/04/2026LostView official document
L.015
Sponsor: Representative Richardson
Floor amendment — Second Reading (House)05/04/2026LostView official document
L.022Committee amendment — Appropriations (Senate)05/08/2026PassedView official document
L.018
Sponsor: Senator Simpson
Floor amendment — Second Reading (Senate)05/08/2026LostView official document
L.028
Sponsor: Senator Simpson
Floor amendment — Second Reading (Senate)05/08/2026LostView official document
L.029
Sponsor: Senator Simpson
Floor amendment — Second Reading (Senate)05/08/2026LostView official document
L.023
Sponsor: Senator Simpson
Floor amendment — Second Reading (Senate)05/08/2026LostView official document
L.025
Sponsor: Senator Simpson
Floor amendment — Second Reading (Senate)05/08/2026LostView official document

Source: Colorado General Assembly (leg.colorado.gov) · Data as of

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Showing the latest official version: Revised version (official PDF), 05/08/2026

Official text — shown in English exactly as published by the official source. The official text controls.

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House HOUSE BILL 26-1054 LLS NO. 26-0599.01 Josh Schultz x5486 HOUSE SPONSORSHIP Rutinel and Velasco, Bacon, Brown, Camacho, Clifford, Duran, Froelich, Jackson, Joseph, Lieder, Lindsay, Mabrey, McCormick, Nguyen, Phillips, Sirota, Smith, Titone, Woodrow, Zokaie SENATE SPONSORSHIP CONCERNING WORKER SAFETY PROTECTIONS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Section 1 of the bill requires an employer to ensure the employer's workplace is free from recognized hazards, as interpreted consistent with the federal occupational safety and health administration's interpretation of the general duty clause of the "Occupational Safety and Health Act of 1970" (OSH Act) as of September 1, 2025. Additionally, employers have the general duty to: ! Ensure that each workplace is constructed, equipped, arranged, operated, and conducted as to provide reasonable Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

May 5, 2026 A BILL FOR AN ACT HOUSE State, Veterans, & Military Affairs Appropriations 3rd Reading Unamended Senate Committees Business Affairs & Labor Appropriations HOUSE Amended 2nd Reading May 4, 2026 House Committees SENATE Amended 2nd Reading May 8, 2026 Wallace, and adequate protection to the lives, health, and safety of all individuals employed or working in the workplace; and ! Comply with standards for workplace health and safety adopted by rule by the division of labor standards and statistics in the department of labor and employment (division). The bill authorizes the following actions to address workplace health and safety concerns: ! The attorney general or the division may refer workplace health and safety concerns to relevant state or local authorities; ! The attorney general, the division, a labor organization, or a person aggrieved by a violation of the bill may file a civil action; ! For each violation of the bill or of rules adopted pursuant to the bill, a court may order the person that violates the bill or rules to pay statutory damages to a person aggrieved by the violation; and ! A court may order a person that violates the bill or rules adopted pursuant to the bill to pay a penalty to the attorney general for each violation. The bill creates the workplace health and safety fund (fund) into which penalties collected pursuant to the bill are credited. The money in the fund may be used by the division for specified purposes. The bill authorizes the division to adopt rules: ! To replace any requirement of the OSH Act or the "Federal Mine Safety and Health Act of 1977" that is repealed, revoked, or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent; ! To define standards for workplace health and safety if there is no standard in effect under the OSH Act; and ! As necessary to implement the bill. Sections 2 through 8 make conforming amendments.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 2 to article 14.4 of title 8 as follows:

PART 2 WORKPLACE HEALTH AND SAFETY 8-14.4-201. Short title.

THE SHORT TITLE OF THIS PART 2 IS THE "COLORADO WORKER SAFETY ACT".

8-14.4-202. Definitions.

AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) (a) "EMPLOYER" HAS THE MEANING SET FORTH IN SECTION 8-4-101 (6).

(b) "EMPLOYER" DOES NOT INCLUDE:

(I) THE FEDERAL GOVERNMENT;

(II) A PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103 (5); OR

(III) THE STATE, AS DEFINED IN SECTION 24-10-103 (7).

"LABOR ORGANIZATION" MEANS AN EXCLUSIVE REPRESENTATIVE, AS DEFINED IN SECTION 8-3.3-102 (13).

(3) "OSH ACT" MEANS THE FEDERAL "OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970", 29 U.S.C. SEC. 651 ET SEQ.

(4) "STRINGENT" MEANS A LAW, RULE, OR STANDARD'S OVERALL EFFECTIVENESS IN PROTECTING THE RIGHTS AND SAFETY OF WORKERS. A LAW, RULE, OR STANDARD IS CONSIDERED TO BE MORE STRINGENT IF IT IMPOSES A SAFETY REQUIREMENT OR OBLIGATION ON EMPLOYERS THAT IS STRICTER OR MORE DEMANDING THAN WHAT IS OTHERWISE IMPOSED BY LAW OR IF IT PROVIDES FOR GREATER RIGHTS, BENEFITS, REMEDIES, OR PROCEDURES FOR WORKERS THAN WHAT IS OTHERWISE PROVIDED BY LAW.

"WORKER ORGANIZATION" MEANS A COMMUNITY-BASED NONPROFIT OR MEMBERSHIP-BASED ORGANIZATION DEDICATED TO SUPPORTING WORKERS, ASSISTING WORKERS WITH MUTUAL AID OR PROTECTION IN CONNECTION WITH WORK, OR EMPOWERING VULNERABLE WORKERS.

(6) "WORKPLACE" MEANS ANY PLACE WHERE AN EMPLOYER REQUIRES A WORKER TO PERFORM TASKS, JOBS, OR PROJECTS FOR COMPENSATION.

8-14.4-203. General duty to maintain a safe workplace.

(1) AN EMPLOYER SHALL ENSURE THE EMPLOYER'S WORKPLACE IS FREE FROM RECOGNIZED HAZARDS, WHICH DUTY SHALL BE INTERPRETED CONSISTENT WITH THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S INTERPRETATION OF THE GENERAL DUTY CLAUSE OF THE OSH ACT, 29 U.S.C. SEC. 654 (a)(1), AS OF SEPTEMBER 1, 2025.

(2) AN EMPLOYER HAS THE GENERAL DUTY TO:

(a) ENSURE THAT EACH WORKPLACE IS CONSTRUCTED, EQUIPPED, ARRANGED, OPERATED, AND CONDUCTED IN A MANNER AS TO PROVIDE REASONABLE AND ADEQUATE PROTECTION TO THE LIVES, HEALTH, AND SAFETY OF ALL INDIVIDUALS EMPLOYED OR WORKING IN THE WORKPLACE;

AND

(b) COMPLY WITH STANDARDS FOR WORKPLACE HEALTH AND SAFETY THAT THE ATTORNEY GENERAL ADOPTS BY RULE PURSUANT TO THIS PART 2.

8-14.4-204. Enforcement - referral to state or local authorities - statutory damages - civil action - injunction - withdrawal from dangerous workplace.

(1) THE ATTORNEY GENERAL MAY REFER WORKPLACE HEALTH AND SAFETY CONCERNS TO RELEVANT STATE OR LOCAL AUTHORITIES, INCLUDING THOSE CHARGED WITH ENFORCING BUILDING CODES, SANITATION, FIRE RISK PREVENTION, AND INDUSTRIAL HAZARD PREVENTION.

(2) (a) THE ATTORNEY GENERAL, A LABOR ORGANIZATION, A WORKER ORGANIZATION, OR A PERSON AGGRIEVED BY A VIOLATION OF THIS PART 2 MAY FILE A CIVIL ACTION AGAINST AN EMPLOYER THAT VIOLATES THIS PART 2 FOR ALL AVAILABLE EQUITABLE RELIEF, INCLUDING THE PREVENTION OF UNJUST ENRICHMENT; INJUNCTION; THE DETERRENCE OF THE USE OF DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES; AND THE PREVENTION OF FURTHER WORK IN OR OCCUPANCY OF A DANGEROUS WORKPLACE.

(b) AN ACTION BROUGHT BY AN AGGRIEVED PERSON PURSUANT TO THIS SECTION MAY BE BROUGHT BY ONE OR MORE WORKERS ON BEHALF OF THEMSELVES OR OTHER WORKERS SIMILARLY SITUATED.

(c) IF A COURT IMPOSES AN INJUNCTION OR A STOP WORK ORDER LIMITING WORK OR PROHIBITING THE USE OF DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES OR AN INJUNCTION OR A STOP WORK ORDER FOR A DANGEROUS WORKPLACE, THE EMPLOYER MUST EITHER:

(I) REASSIGN WORKERS TO WORK THAT DOES NOT INVOLVE DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES AND THAT DOES NOT OCCUR IN THE DANGEROUS WORKPLACE; OR

(II) PAY WORKERS AT THEIR REGULAR RATE OF PAY FOR AT LEAST THE FIRST TEN REGULAR WORKING DAYS IF THEY ARE UNABLE TO WORK DUE TO THE INJUNCTION OR STOP WORK ORDER.

(d) THE COURT MAY AWARD A PERSON FOUND TO HAVE BEEN AGGRIEVED BY A VIOLATION OF THIS PART 2 STATUTORY DAMAGES IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION, EXCEPT IF THE EMPLOYER:

(I) REPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE STATUTORY DAMAGES FOR THE SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION MUST NOT EXCEED TEN THOUSAND DOLLARS; OR (II) WILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED PURSUANT INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE STATUTORY DAMAGES FOR EACH VIOLATION MUST NOT EXCEED SEVENTY THOUSAND DOLLARS PER VIOLATION.

TO SECTION OR DEMONSTRATES PLAIN

(e) IN ADDITION TO OTHER RELIEF AUTHORIZED BY THIS SECTION, THE COURT MAY ORDER AN EMPLOYER THAT VIOLATES THIS SECTION TO PAY A PENALTY FOR EACH VIOLATION OF THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION 8-14.4-205. PENALTIES IMPOSED PURSUANT TO THIS SUBSECTION (2)(e) SHALL BE CREDITED TO THE WORKPLACE HEALTH AND SAFETY FUND CREATED IN SECTION 24-31-108 (7)(a). THE PENALTIES MUST NOT EXCEED ONE THOUSAND DOLLARS PER VIOLATION, EXCEPT IF THE EMPLOYER:

(I) REPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE PENALTY FOR THE SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION MUST NOT EXCEED TEN THOUSAND DOLLARS; OR (II) PURSUANT INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE PENALTY FOR EACH VIOLATION SHALL NOT EXCEED SEVENTY THOUSAND DOLLARS.

WILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED TO SECTION OR DEMONSTRATES

(f) A COURT MAY AWARD THE ATTORNEY GENERAL, PLAIN A LABOR ORGANIZATION, A WORKER ORGANIZATION, OR A PERSON FOUND TO HAVE BEEN AGGRIEVED BY A VIOLATION OF THIS PART 2 REASONABLE COSTS AND ATTORNEY FEES INCURRED.

(g) EACH DAY A VIOLATION OF THIS PART 2 CONTINUES CONSTITUTES A SEPARATE AND DISTINCT OFFENSE, AND EMPLOYMENT OF ANY WORKER IN VIOLATION OF THIS PART 2 CONSTITUTES, WITH RESPECT TO EACH WORKER EMPLOYED, A SEPARATE AND DISTINCT OFFENSE.

(h) THIS PART 2 SHALL NOT BE CONSTRUED TO REPLACE THE "WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF THIS TITLE JOB-RELATED INJURIES.

(i) 8, AS THE APPROPRIATE MECHANISM FOR ADDRESSING THIS PART 2 SHALL NOT BE CONSTRUED TO AUTHORIZE INJUNCTIVE RELIEF THAT HAS THE PRIMARY PURPOSE OR EFFECT OF INTERFERING WITH LAWFUL, CONSTITUTIONALLY PROTECTED ACTIVITY OF THE PRESS, UNLESS SUCH RELIEF IS NECESSARY AND NARROWLY TAILORED TO REMEDY A SPECIFIC WORKPLACE HEALTH OR SAFETY HAZARD.

8-14.4-205. Rules.

(1) IF, AT ANY TIME AFTER SEPTEMBER 1, 2025, ANY OSH ACT HEALTH OR SAFETY STANDARD, OR RULE ADOPTED THEREUNDER, IS REPEALED OR REVOKED, THE ATTORNEY GENERAL MAY, AS SOON AS PRACTICABLE, ADOPT RULES ESTABLISHING A STATE STANDARD FOR EMPLOYERS IN THE STATE THAT IS AS STRINGENT AS OR MORE STRINGENT THAN THE FEDERAL OCCUPATIONAL HEALTH OR SAFETY STANDARD BEING REPEALED OR REVOKED AS A MINIMUM STANDARD FOR EMPLOYERS IN THIS STATE.

(2) ANY STANDARD ADOPTED PURSUANT TO SUBSECTION (1) OF THIS SECTION MAY BE ENFORCED THROUGH SECTION 8-14.4-204.

(3) THE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY TO IMPLEMENT THIS PART 2.

8-14.4-206. Attorney general additional budget request.

IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL RESOURCES ARE NEEDED TO EFFECTIVELY ADMINISTER THIS PART 2, THE ATTORNEY GENERAL SHALL REQUEST THE ADDITIONAL RESOURCES IN THE ATTORNEY GENERAL'S BUDGET REQUEST TO THE JOINT BUDGET COMMITTEE.

SECTION 2. In Colorado Revised Statutes, 24-31-1302, add (3) and (4) as follows:

24-31-1302. Worker and employee protection unit - creation - duties - court order - injunctive relief - attorney fees.

(3) IF A PERSON, OR AN AGENT THEREOF, FAILS TO OBEY AN INVESTIGATIVE DEMAND, SUBPOENA, WARRANT, OR OTHER INVESTIGATIVE PROCESS ISSUED OR CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, THE ATTORNEY GENERAL MAY APPLY TO THE APPROPRIATE DISTRICT COURT FOR AN ORDER TO EFFECT THE PURPOSES OF THIS SECTION.

THE APPLICATION MUST STATE REASONABLE GROUNDS ON WHICH THE ATTORNEY GENERAL BELIEVES THAT THE ORDER IS NECESSARY TO INVESTIGATE A DEPRIVATION OF A PERSON'S RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE STATE CONSTITUTION OR LAWS OF THE UNITED STATES OR THE STATE OF COLORADO. IF THE COURT IS SATISFIED THAT REASONABLE GROUNDS EXIST, THE COURT IN ITS ORDER MAY:

(a) REQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF DOCUMENTS BY A PERSON, OR BOTH;

(b) GRANT INJUNCTIVE RELIEF AS NECESSARY TO OBTAIN COMPLIANCE WITH INVESTIGATIVE DEMANDS, SUBPOENAS, WARRANTS, OR OTHER INVESTIGATIVE PROCESSES ISSUED OR CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS SECTION; AND

(c) GRANT FURTHER RELIEF AS MAY BE NECESSARY TO OBTAIN COMPLIANCE WITH INVESTIGATIVE DEMANDS, SUBPOENAS, WARRANTS, OR OTHER INVESTIGATIVE PROCESSES ISSUED OR CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS SECTION.

(4) COSTS AND ATTORNEY FEES SHALL BE AWARDED TO THE ATTORNEY GENERAL WHERE THE ATTORNEY GENERAL SUCCESSFULLY ENFORCES THIS SECTION.

SECTION 3. In Colorado Revised Statutes, 24-31-1303, amend (1)(b) and (2)(b); and add (3) as follows:

24-31-1303. Worker misclassification - wage determinations - investigation and enforcement by the unit - coordination with department of labor and employment.

(1) (b) The unit may investigate and enforce an alleged misclassification that is not described in subsection (1)(a) of this section if the unit provides written notice to the division of unemployment insurance of the unit's intent to pursue a misclassification investigation.

and the division of unemployment insurance:

(I) Declines to investigate the matter;

(II) Has investigated the matter and made a formal determination;

or (III) Fails to respond to the unit within thirty days after the date of the notice. (2) (b) If the division of labor standards and statistics has not referred a wage determination to the unit, the unit may enforce the wage determination if the unit provides written notice to the division of labor standards and statistics of the unit's intent to enforce the wage determination. and the division of labor standards and statistics:

(I) Declines to pursue enforcement of the wage determination;

(II) Has attempted to pursue enforcement of the wage determination and has been unsuccessful in enforcing the determination in full after the later of twelve months after the determination or the conclusion of any appeals;

(III) Fails to respond to the unit within thirty days after the date of the notice; or

(IV) Has not initiated an investigation.

(3) THE UNIT MAY INVESTIGATE AND ENFORCE AN ALLEGED VIOLATION OF PART 2 OF ARTICLE 14.4 OF TITLE 8.

SECTION 4. In Colorado Revised Statutes, 24-31-101, amend (1)(i)(XXX) and (1)(i)(XXXI); and add (1)(i)(XXXII) as follows:

24-31-101. Powers and duties of attorney general.

(1) The attorney general:

(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(XXX) Beginning January 1, 2026, part 10 of article 12 of title 38; and

(XXXI) Section 13-16-126; AND

(XXXII) PART 2 OF ARTICLE 14.4 OF TITLE 8.

SECTION 5. In Colorado Revised Statutes, 8-14.4-101, amend the introductory portion as follows: 8-14.4-101. Definitions.

As used in this article 14.4 PART 1, unless the context otherwise requires: SECTION 6. In Colorado Revised Statutes, 8-14.4-102, amend (2)(b) and (4) as follows: 8-14.4-102. Prohibition against discrimination based on claims related to health and safety.

(2) (b) A contract or agreement that violates subsection (2)(a) of this section is void and unenforceable as contrary to the public policy of this state. A principal's attempt to impose such a contract or agreement is an adverse action in violation of this article 14.4 PART 1.

(4) A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker opposing any practice the worker reasonably believes is unlawful under this article 14.4 PART 1 or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing as to any matter the worker reasonably believes to be unlawful under this article 14.4 PART 1.

SECTION 7. In Colorado Revised Statutes, 8-14.4-103, amend (1) as follows:

8-14.4-103. Principal post notice of rights - rules.

(1) A principal shall post notice of a worker's rights under this article 14.4 PART 1 in a conspicuous location on the principal's premises.

SECTION 8. In Colorado Revised Statutes, 8-14.4-104, amend

(1) introductory portion as follows:

8-14.4-104. Relief for aggrieved person.

(1) A person may seek relief for a violation of this article 14.4 PART 1 by:

SECTION 9. In Colorado Revised Statutes, 8-14.4-105, amend (1)(a), (1)(b)(I), and (2)(a) as follows:

8-14.4-105. Enforcement by the division - rules.

(1) (a) Within two years after an alleged violation of this article 14.4 PART 1, an aggrieved individual or whistleblower may file a complaint against a principal with the division as specified in this subsection (1).

(b) Until the date the division makes a complaint form publicly available:

(I) An aggrieved individual or whistleblower may file a complaint of a violation of this article 14.4 PART 1 with the division in any form, by mail or electronic mail;

(2) The division shall either:

(a) Investigate alleged principal violations of, or interference with rights or responsibilities under, this article 14.4 PART 1 and complaints filed with the division by aggrieved individuals and whistleblowers; or

SECTION 10. In Colorado Revised Statutes, 8-14.4-106, amend (1), (2) introductory portion, (3)(a), (3)(b), and (4) as follows:

8-14.4-106. Relief authorized.

An aggrieved individual may, within ninety days after exhausting administrative remedies pursuant to section 8-14.4-105, commence an action in district court against a principal for a violation of this article 14.4 PART 1.

(2) A court may order affirmative relief that the court determines to be appropriate, including the following relief, against a respondent who is found to have engaged in a discriminatory, adverse, or retaliatory employment practice prohibited by this article 14.4 PART 1:

(3) (a) In addition to the relief available pursuant to subsection (2) of this section, in a civil action brought by a plaintiff under this article 14.4 PART 1 against a defendant who is found to have engaged in an intentional discriminatory, adverse, or retaliatory employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3).

(b) A plaintiff may recover punitive damages against a defendant if the plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory, adverse, or retaliatory employment practice with malice or reckless indifference to the rights of the plaintiff. However, if the defendant demonstrates good faith efforts to comply with this article 14.4 PART 1 and to prevent discriminatory, adverse, and retaliatory employment practices in the workplace, the court shall not award punitive damages against the defendant.

(4) If a plaintiff in a civil action filed under this article 14.4 PART 1 seeks compensatory or punitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury.

SECTION 11. In Colorado Revised Statutes, 8-14.4-107, amend (1), (2)(a), (2)(b), and (3)(a) as follows:

8-14.4-107. Whistleblower enforcement - qui tam - definition.

(1) As used in this section, "whistleblower" means a worker with knowledge of an alleged violation of this article 14.4 PART 1 or the worker's representative.

(2) (a) A whistleblower who has exhausted the administrative remedies pursuant to section 8-14.4-105 may bring a civil action against a principal for a violation of this article 14.4 PART 1 on behalf of the state in district court pursuant to this section. The state may intervene in the action to prosecute in its own name.

(b) At the time that the action is filed, the whistleblower shall give written notice to the division of the specific provisions of this article 14.4 PART 1 alleged to have been violated.

(3) The proceeds of any judgment entered pursuant to this section shall be distributed as follows: (a) Seventy-five percent to the division for enforcement of this article 14.4 PART 1; and SECTION 12. In Colorado Revised Statutes, 24-31-108, amend (4) and add (7) as follows:

24-31-108. Receipt of money - subject to appropriation - exception for custodial money - legal services cash fund - creation - workplace health and safety fund - creation - definition.

(4) There is hereby created in the state treasury the legal services cash fund. also referred to in this subsection (4) as the "fund" The department shall transmit all money received from state agencies as payment for legal services to the state treasurer, who shall credit the same to the LEGAL SERVICES CASH fund. The money in the LEGAL SERVICES CASH fund and all interest earned on such money is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with providing legal services to state governmental entities and for any of the department's litigation expenses.

Any unexpended money in the LEGAL SERVICES CASH fund at the end of the fiscal year remains in the LEGAL SERVICES CASH fund and shall not be credited or transferred to any other fund.

(7) (a) THE STATE TREASURER SHALL CREDIT PENALTIES COLLECTED FOR THE STATE PURSUANT TO PART 2 OF ARTICLE 14.4 OF TITLE 8 TO THE WORKPLACE HEALTH AND SAFETY FUND, WHICH FUND IS CREATED IN THE STATE TREASURY. THE MONEY IN THE WORKPLACE HEALTH AND SAFETY FUND MAY BE USED BY THE ATTORNEY GENERAL TO COVER DIRECT AND INDIRECT COSTS ASSOCIATED WITH:

(I) ENFORCEMENT ACTIVITIES AUTHORIZED IN PART 2 OF ARTICLE 14.4 OF TITLE 8;

(II) CREATING, DISTRIBUTING, SHARING, AND PUBLICIZING MATERIALS DESIGNED TO EDUCATE WORKERS AND EMPLOYERS ABOUT THEIR OBLIGATIONS UNDER THE FEDERAL "OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970", 29 U.S.C. SEC. 651 ET SEQ.; PART 2 OF ARTICLE 14.4 OF TITLE 8; AND RELATED REGULATIONS AND POLICIES; AND

(III) RULE-MAKING CONDUCTED PURSUANT TO PART 2 OF ARTICLE 14.4 OF TITLE 8.

(b) (I) MONEY IN THE WORKPLACE HEALTH AND SAFETY FUND IS ANNUALLY APPROPRIATED TO THE ATTORNEY GENERAL FOR USE IN IMPLEMENTING THE PURPOSES SET FORTH IN SUBSECTION (7)(a) OF THIS SECTION.

(II) THE STATE TREASURER MAY INVEST ANY MONEY IN THE WORKPLACE HEALTH AND SAFETY FUND NOT EXPENDED PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION FOR THE PURPOSES OF PART 2 OF ARTICLE 14.4 OF TITLE 8 AS PROVIDED BY LAW. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE WORKPLACE HEALTH AND SAFETY FUND TO THE WORKPLACE HEALTH AND SAFETY FUND. ANY UNEXPENDED WORKPLACE HEALTH AND SAFETY FUND AT THE END OF A FISCAL YEAR REMAINS IN THE WORKPLACE HEALTH AND SAFETY FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.

AND UNENCUMBERED MONEY REMAINING IN THE

(c) THE LIMITATIONS SPECIFIED IN SECTION 24-75-402 DO NOT APPLY TO THE WORKPLACE HEALTH AND SAFETY FUND.

SECTION 13.

Applicability. This act applies to conduct occurring on or after the effective date of this act. SECTION 14.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

Official record

View HB26-1054 on leg.colorado.gov

Source: Colorado General Assembly (leg.colorado.gov) · Data as of

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Source: Colorado General Assembly (leg.colorado.gov) · Data as of

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