A Bill for an Act
Page 1, Line 101Concerning protecting workers from exposure to extreme
Page 1, Line 102temperatures.
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.)
The bill requires employers to implement protections for workers who are exposed to extreme hot and cold temperatures at the worksite, including temperature mitigation measures, rest breaks, and temperature-related injury and illness prevention plans.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, amend 8-14.4-101 as follows:
Page 2, Line 38-14.4-101. Definitions. As used in this article 14.4, unless the context otherwise requires:
Page 2, Line 4(1) "Acclimatization" means the body's adaptation to
Page 2, Line 5work in the heat or cold as the body is exposed to heat or cold
Page 2, Line 6gradually over time, which reduces the strain caused by heat
Page 2, Line 7stress or cold stress and enables an individual to work with less chance of heat illness or cold illness or injury.
Page 2, Line 8
(1)Page 2, Line 9(3) "Cold illness" means a serious medical condition
Page 2, Line 10resulting from the body's inability to cope with extreme cold stress thresholds.
Page 2, Line 11
(1.5)Page 2, Line 12
(2)Page 2, Line 13(6) "Extreme cold temperature trigger" means a temperature of thirty degrees Fahrenheit.
Page 2, Line 14(7) "High heat trigger" means a temperature of ninety degrees Fahrenheit.
Page 2, Line 15(8) "Humidity" means the ratio of the actual moisture in
Page 2, Line 16the air compared to the maximum amount of moisture the air can hold at a given temperature, expressed as a percentage.
Page 2, Line 17(9) "Increased risk factor" means that the initial high
Page 3, Line 1heat trigger has been met and one of the following conditions exists:
Page 3, Line 2(a) A department of public health and environment air
Page 3, Line 3quality advisory or action day is in effect for the state or a
Page 3, Line 4locality or other area that includes the work area; except
Page 3, Line 5that, for action days based solely on ozone, the increased risk
Page 3, Line 6condition does not apply if a principal shows that the air quality
Page 3, Line 7index for the principal's work area is rated moderate or good, with an air quality index of one hundred or less based on:
Page 3, Line 8(I) Current or forecasted air quality index ozone data
Page 3, Line 9from the national weather service air quality forecast guidance; or
Page 3, Line 10(II) Data from the nearest available department of public
Page 3, Line 11health and environment monitoring site, as long as it is within fifty miles of the work area;
Page 3, Line 12(b) A worker is scheduled or reasonably expected to work more than twelve hours in the workday or shift;
Page 3, Line 13(c) The principal or the safety protocols for equipment or
Page 3, Line 14work require the worker to wear vapor-impermeable clothing
Page 3, Line 15or personal protective equipment, including protective jackets,
Page 3, Line 16suits, or coveralls, thereby requiring an additional layer over
Page 3, Line 17regular clothes or covering all or almost all of the head and face; or
Page 3, Line 18(d) The humidity level is above sixty-five percent.
Page 3, Line 19(10) "Indoor" or "indoors" means an area under a ceiling
Page 3, Line 20or overhead covering that restricts airflow and has along its
Page 3, Line 21entire perimeter walls, doors, windows, dividers, or other
Page 4, Line 1physical barriers that restrict airflow, whether open or closed.
Page 4, Line 2(11) "Initial cold trigger" means a wind chill factor that
Page 4, Line 3reaches thirty degrees Fahrenheit with twenty-mile-per-hour winds.
Page 4, Line 4(12) "Initial heat trigger" means a heat index of eighty
Page 4, Line 5degrees Fahrenheit or a wet bulb globe temperature that
Page 4, Line 6reaches the national institute for occupational safety and health recommended alert limit.
Page 4, Line 7(13) "Outdoor" or "outdoors" means an area that is not indoors.
Page 4, Line 8(14) "Personal protective equipment" or "PPE" means
Page 4, Line 9equipment worn to protect the user against temperature injury or illness.
Page 4, Line 10(15) "Potable water" means drinkable water safe for human consumption.
Page 4, Line 11
(3)Page 4, Line 12(a) An "employer" as set forth in the federal "Fair Labor Standards Act of 1938", 29 U.S.C. sec. 203 (d);
Page 4, Line 13(b) A foreign labor contractor and a migratory field labor contractor or crew leader;
Page 4, Line 14(c) The state of Colorado, local governments, and political subdivisions of the state as defined in section 1-7.5-103 (6);
Page 4, Line 15(d) An entity that contracts with five or more independent contractors in the state each year; and
Page 4, Line 16(e) A person or entity engaged in agricultural employment.
(4)Page 4, Line 17(a) A public health order issued by a state or local public health agency; or
Page 5, Line 1(b) A disaster emergency declared by the governor based on a public health concern.
Page 5, Line 2(18) "Radiant heat" means heat transferred by
Page 5, Line 3electromagnetic waves between surfaces, including heat from the sun, hot objects, hot liquids, hot surfaces, and fire.
Page 5, Line 4(19) "Shade" means the blockage of direct sunlight, such
Page 5, Line 5that objects do not cast a shadow in the area of blocked sunlight.
Page 5, Line 6(20) "Signs and symptoms of a cold emergency" means the physiological manifestation of a cold illness that:
Page 5, Line 7(a) Requires an emergency response;
Page 5, Line 8(b) Includes hypothermia, when the internal body
Page 5, Line 9temperature drops below ninety-five degrees; drowsiness; and loss of consciousness; and
Page 5, Line 10(c) May or may not be accompanied by frostbite or trench foot.
Page 5, Line 11(21) "Signs and symptoms of a heat emergency" means the physiological manifestation of a heat-related illness that:
Page 5, Line 12(a) Requires an emergency response;
Page 5, Line 13(b) May include loss of consciousness and excessive body temperature; and
Page 5, Line 14(c) May or may not be accompanied by vertigo, nausea,
Page 5, Line 15headache, cerebral dysfunction, or bizarre behavior, including
Page 5, Line 16staggering, vomiting, acting irrationally or disoriented, having convulsions, and having an elevated heart rate.
Page 5, Line 17(22) "Signs and symptoms of cold illness" means the
Page 6, Line 1physiological manifestations of a cold illness, including
Page 6, Line 2numbness, the feeling of pins and needles, blue and blotchy skin,
Page 6, Line 3aches, fatigue, confusion, disorientation, excessive shivering, and loss of coordination.
Page 6, Line 4(23) "Signs and symptoms of heat-related illness" means
Page 6, Line 5the physiological manifestations of a heat-related illness,
Page 6, Line 6including headache, nausea, weakness, dizziness, elevated body temperature, muscle cramps, and muscle pain or spasms.
Page 6, Line 7(24) "Telework" means work done from home or another remote location of a worker's choosing.
Page 6, Line 8(25) "TRIIPP" or "temperature-related injury and illness
Page 6, Line 9prevention plan" means the worksite temperature-related injury and illness plan required by section 8-14.4-101.5 (6).
Page 6, Line 10(26) "Vapor-impermeable clothing" means full-body
Page 6, Line 11clothing that significantly inhibits or completely prevents
Page 6, Line 12sweat produced by the body from evaporating into the outside
Page 6, Line 13air, including encapsulating suits, various forms of chemical resistant suits, and other forms of nonbreathable PPE.
Page 6, Line 14(27) "Vehicle" means a car, a truck, a van, or other motorized means of transporting people or goods.
Page 6, Line 15(28) "Wind chill factor" means the measure of how cold
Page 6, Line 16the air feels on human skin due to the wind and temperature based on how quickly the body loses heat to the air.
Page 6, Line 17(29) "Work area" means an area where one or more workers are working within a worksite.
Page 6, Line 18
(5)Page 6, Line 19(a) An employee as defined in section 8-4-101 (5); or
Page 7, Line 1(b)
A personPage 7, Line 2(31) "Worksite" means a physical location where the principal's work or operations are performed.
Page 7, Line 3SECTION 2. In Colorado Revised Statutes, add 8-14.4-101.5 as follows:
Page 7, Line 48-14.4-101.5. Worker protection - extreme temperatures -
Page 7, Line 5control required - exceptions - temperature-related injury and illness
Page 7, Line 6prevention plan - rules. (1) Scope and application.Except as
Page 7, Line 7otherwise provided in this subsection (1), this section applies to all principals. The requirements of this section do not apply to:
Page 7, Line 8(a) Work activities for which there is no reasonable
Page 7, Line 9expectation of exposure at or above the initial heat trigger or at or below the initial cold trigger;
Page 7, Line 10(b) Short duration worker exposures at or above the
Page 7, Line 11initial heat trigger or at or below the initial cold trigger of fifteen minutes or less in any sixty-minute period;
Page 7, Line 12(c) Telework;
Page 7, Line 13(d) Organizations whose primary function is the
Page 7, Line 14performance of firefighting, emergency response activities of
Page 7, Line 15workplace emergency response teams, emergency medical
Page 7, Line 16services, or technical search and rescue or any other emergency response activities defined by the division in rule; or
Page 7, Line 17(e) Workers covered by a bona fide collective bargaining
Page 7, Line 18agreement, if the collective bargaining agreement provides for
Page 7, Line 19equivalent or more generous extreme temperature protections
Page 7, Line 20for workers covered by the collective bargaining agreement.
Page 8, Line 1(2) Requirements related to identification of temperature
Page 8, Line 2hazards. (a) (I) A principal shall monitor temperature and humidity conditions at outdoor work areas:
Page 8, Line 3(A) By tracking local forecasts provided by the national weather service or other reputable sources; or
Page 8, Line 4(B) At or as close as possible to the work area, to measure the temperature and humidity level.
Page 8, Line 5(II) A principal shall monitor outdoor temperatures with
Page 8, Line 6sufficient frequency to determine with reasonable accuracy workers' exposure to heat and cold and at least once per day.
Page 8, Line 7(b) (I) At indoor worksites, a principal shall identify each
Page 8, Line 8work area where there is a reasonable expectation that
Page 8, Line 9workers are or may be exposed to heat at or above the initial
Page 8, Line 10heat trigger or cold at or below the extreme cold temperature trigger.
Page 8, Line 11(II) At each indoor worksite identified as a location where
Page 8, Line 12workers are or may be exposed to heat at or above the initial heat trigger, a principal must provide:
Page 8, Line 13(A) Increased air movement, such as fans or comparable
Page 8, Line 14natural ventilation, and, if appropriate, dehumidification. If
Page 8, Line 15using fans at ambient temperatures above one hundred two
Page 8, Line 16degrees Fahrenheit, the principal shall evaluate the humidity to
Page 8, Line 17determine if fan use is harmful, and if the principal determines that it is harmful, the principal must discontinue fan use.
Page 8, Line 18(B) An air-conditioned work area; or
Page 8, Line 19(C) In cases of radiant heat sources, other measures that
Page 8, Line 20effectively reduce worker exposure to radiant heat in the work area, including shields, barriers, or isolating heat sources.
Page 9, Line 1(c) A principal shall develop and implement a monitoring
Page 9, Line 2plan covering each work area identified pursuant to subsection
Page 9, Line 3(2)(b)(I) of this section to determine when workers are exposed
Page 9, Line 4to heat at or above the initial and high heat triggers and when
Page 9, Line 5workers are exposed to cold at or below the extreme cold temperature trigger.
Page 9, Line 6(d) A principal shall include the monitoring plan
Page 9, Line 7described in subsection (2)(c) of this section in the
Page 9, Line 8temperature-related injury and illness prevention plan. The
Page 9, Line 9monitoring plan must include the temperature and humidity at or as close as possible to the work area.
Page 9, Line 10(e) When there is a change in production, processes,
Page 9, Line 11equipment, or controls or a substantial increase or decrease in
Page 9, Line 12outdoor temperature that has the potential to increase heat or
Page 9, Line 13cold exposure indoors, a principal shall evaluate an affected
Page 9, Line 14work area to identify where there is reasonable expectation
Page 9, Line 15that workers are or may be exposed to heat at or above the
Page 9, Line 16initial heat trigger or to cold at or below the extreme cold
Page 9, Line 17temperature trigger. The principal must update the monitoring
Page 9, Line 18plan in the principal's TRIIPP to account for any increases in heat or cold exposure.
Page 9, Line 19(f) A principal shall seek the input and involvement of
Page 9, Line 20nonmanagerial workers and their representatives, if any, when
Page 9, Line 21evaluating the worksite to identify work areas with a
Page 9, Line 22reasonable expectation of exposures at or above the initial heat
Page 9, Line 23trigger or at or below the extreme cold temperature trigger and in developing and updating monitoring plans.
Page 10, Line 1(g) (I) A principal may assume that the temperature at a
Page 10, Line 2work area is at or above both the initial heat and high heat
Page 10, Line 3triggers instead of conducting on-site measurements or
Page 10, Line 4tracking local forecasts. In such cases, the principal shall
Page 10, Line 5comply with all requirements in this section concerning requirements that apply to work areas that are at or above the
Page 10, Line 6high heat trigger.
Page 10, Line 7(II) A principal may assume that the temperature in the
Page 10, Line 8work area is at or below the extreme cold temperature trigger
Page 10, Line 9instead of conducting on-site measurements or tracking local
Page 10, Line 10forecasts. In such cases, the principal shall comply with all
Page 10, Line 11requirements in this section concerning requirements that apply
Page 10, Line 12to work areas that are at or below the extreme cold temperature trigger.
Page 10, Line 13(h) If a principal conducts on-site temperature
Page 10, Line 14measurements, the principal shall record and retain written or electronic records of the measurements for at least six months.
Page 10, Line 15(3) Requirements at or above the initial heat trigger.
Page 10, Line 16(a) When a worker is exposed to heat at or above the initial heat
Page 10, Line 17trigger, a principal shall provide access to a shaded or
Page 10, Line 18air-conditioned area for the worker to use during rest, meal,
Page 10, Line 19cool-down, and other breaks. The area must be located as close as practicable to the worksite and must:
Page 10, Line 20(I) Be free of any source that yields additional heat, such
Page 10, Line 21as exhaust, running machinery, heat-radiating structures, or
Page 10, Line 22heat in a non-air-conditioned vehicle;
Page 11, Line 1(II) Be located as close as practicable to the work area,
Page 11, Line 2located no further than one-fourth of one mile from the
Page 11, Line 3worksite for workers accessing the area by foot or otherwise
Page 11, Line 4close enough to allow reasonable access during rest and meal periods and other breaks;
Page 11, Line 5(III) Be large enough to accommodate the number of
Page 11, Line 6workers taking rest breaks at any given time and allow them to
Page 11, Line 7sit fully shaded or cooled in a normal posture, without touching one another;
Page 11, Line 8(IV) Be free of unsafe, unhealthy, unsanitary, or other
Page 11, Line 9conditions, such as noxious odor from rot or garbage, that deter or discourage accessing or using the area; and
Page 11, Line 10(V) If indoors, provide either air conditioning or
Page 11, Line 11additional air movement, such as fans or comparable natural ventilation, and, if appropriate, dehumidification.
Page 11, Line 12(b) A principal shall provide each worker with potable water and the opportunity to drink it. The principal shall:
Page 11, Line 13(I) Provide at least thirty-two ounces of water per hour per worker, kept at sixty degrees Fahrenheit or cooler;
Page 11, Line 14(II) Provide water that is from a sanitary source, whether
Page 11, Line 15a fountain, tap, or individual cup or container, with workers
Page 11, Line 16permitted time to drink water and use restrooms during shifts as needed; and
Page 11, Line 17(III) Locate the water as close as practicable to the work
Page 11, Line 18area, no further than one-fourth of one mile from the worksite
Page 11, Line 19for workers accessing the water source by foot, and close
Page 11, Line 20enough to allow reasonable access by workers.
(c) (I) A principal shall:
Page 12, Line 1(A) Allow a worker to take a paid cool-down break any time the worker feels a need to prevent overheating; and
Page 12, Line 2(B) Encourage workers to drink water and use the restroom as needed.
Page 12, Line 3(II) A preventive break as described in subsection (3)(c)(I)
Page 12, Line 4of this section must not affect job quotas. A principal shall adjust job quotas to accommodate preventive breaks.
Page 12, Line 5(d) For each worker during the worker's first week on the
Page 12, Line 6job or the first week back from more than fourteen days away from the job, a principal shall implement:
Page 12, Line 7(I) (A) A plan that, at minimum, incorporates all
Page 12, Line 8requirements at or above the high heat trigger when the heat
Page 12, Line 9index is at or above the initial heat trigger during the worker's first week of work; or
Page 12, Line 10(B) Gradual acclimatization to heat in which the worker's
Page 12, Line 11exposure to heat is restricted to no more than twenty percent
Page 12, Line 12of a normal work shift exposure duration on the first day of
Page 12, Line 13work, forty percent on the second day of work, sixty percent on
Page 12, Line 14the third day of work, and eighty percent on the fourth day of work; and
Page 12, Line 15(II) At least one of the following methods of observing
Page 12, Line 16the new or returning worker for signs and symptoms of heat-related illness:
Page 12, Line 17(A) A mandatory buddy system in which coworkers observe each other;
Page 12, Line 18(B) Observation by a supervisor or temperature safety
Page 13, Line 1coordinator, with no more than ten workers observed per supervisor or temperature safety coordinator; or
Page 13, Line 2(C) For a worker who is alone at the worksite, the
Page 13, Line 3principal shall maintain a means of effective, two-way
Page 13, Line 4communication with the worker and make contact with the worker at least every two hours.
Page 13, Line 5(e) A principal shall maintain a means of effective,
Page 13, Line 6two-way communication with workers and ensure regular communication with workers.
Page 13, Line 7(f) If a principal provides workers with cooling PPE, the
Page 13, Line 8principal must ensure the cooling properties of the PPE are maintained at all times during use.
Page 13, Line 9(4) Requirements at or above the high heat trigger or in
Page 13, Line 10increased risk conditions.In addition to the controls required at
Page 13, Line 11or above the initial heat trigger, a principal shall implement the
Page 13, Line 12following controls when workers are exposed to heat at or above the high heat trigger:
Page 13, Line 13(a) (I) A principal shall provide workers with a minimum fifteen-minute paid rest break at least every two hours;
Page 13, Line 14(II) A principal may count a meal break as a rest break, even if it is not otherwise required by law to be paid;
Page 13, Line 15(III) A principal shall not count a period during which a
Page 13, Line 16worker is putting on and removing personal protective equipment toward the total time provided for rest breaks; and
Page 13, Line 17(IV) A principal shall not include the time for workers to
Page 13, Line 18walk to and from the break area in the time provided for rest
Page 13, Line 19breaks;
Page 14, Line 1(b) A principal shall implement at least one of the
Page 14, Line 2following methods of observing workers for signs and symptoms of heat-related illness:
Page 14, Line 3(I) A mandatory buddy system in which coworkers observe each other;
Page 14, Line 4(II) Observation by a supervisor or temperature safety
Page 14, Line 5coordinator, with no more than twenty workers observed per supervisor or temperature safety coordinator; or
Page 14, Line 6(III) For a worker who is alone at a worksite, the principal
Page 14, Line 7shall maintain a means of effective, two-way communication
Page 14, Line 8with the worker and make contact with the worker at least every two hours;
Page 14, Line 9(c) Before a work shift or upon determining the high heat
Page 14, Line 10trigger is met or exceeded, a principal shall notify workers of the following:
Page 14, Line 11(I) The importance of drinking plenty of water;
(II) A worker's right to take rest breaks;
Page 14, Line 12(III) How to seek help and the procedures to take in a heat emergency; and
Page 14, Line 13(IV) For mobile worksites, the location of the break area, the restrooms, and drinking water; and
Page 14, Line 14(d) A principal shall place warning signs at indoor work
Page 14, Line 15areas with ambient temperatures that regularly exceed one
Page 14, Line 16hundred degrees Fahrenheit. The warning signs must be legible,
Page 14, Line 17visible, in plain language, and in a language each worker, supervisor, and temperature safety coordinator understands.
Page 14, Line 18(5) Requirements at or below the extreme cold temperature
Page 15, Line 1trigger. (a) When a worker is exposed to cold at or below the
Page 15, Line 2extreme cold temperature trigger, a principal shall implement
Page 15, Line 3at least one of the following methods of observing workers for signs and symptoms of cold illness:
Page 15, Line 4(I) A mandatory buddy system in which coworkers observe each other;
Page 15, Line 5(II) Observation by a supervisor or temperature safety
Page 15, Line 6coordinator, with no more than twenty workers observed per supervisor or temperature safety coordinator; or
Page 15, Line 7(III) For a worker who is alone at the worksite, the
Page 15, Line 8principal shall maintain a means of effective, two-way
Page 15, Line 9communication with the worker and make contact with the worker at least every two hours.
Page 15, Line 10(b) A principal must provide access to warmth as follows:
Page 15, Line 11(I) (A) A heated indoor area shall be made available to
Page 15, Line 12workers as close as practicable to the work area and no
Page 15, Line 13further than one-fourth of one mile from the worksite for
Page 15, Line 14workers accessing the area by foot or otherwise close enough
Page 15, Line 15to allow reasonable access during rest and meal periods and other breaks; and
Page 15, Line 16(B) The heated indoor area must be at least large enough
Page 15, Line 17to accommodate the number of workers taking rest breaks at
Page 15, Line 18any given time and allow them to sit in a normal posture without touching one another; or
Page 15, Line 19(II) Where a principal can demonstrate that it is infeasible
Page 15, Line 20or unsafe to have a heated indoor area, or otherwise to have a
Page 15, Line 21heated area available on a continuous basis, the principal may
Page 16, Line 1utilize alternative procedures for providing access to warmth if the alternative procedures provide equivalent protection.
Page 16, Line 2(c) A principal shall provide the necessary protective
Page 16, Line 3equipment, gear, and uniforms to withstand temperatures at or
Page 16, Line 4below the extreme cold temperature trigger to the extent practicable.
Page 16, Line 5(d) A worker who spends more than sixty minutes at a
Page 16, Line 6worksite or in a principal-provided vehicle each day or whose
Page 16, Line 7worksite is considered a principal-provided vehicle must have an
Page 16, Line 8adequate heating system available at the worksite or inside the vehicle.
Page 16, Line 9(e) A principal shall provide access to potable water for drinking that is:
Page 16, Line 10(I) Placed in a location readily accessible to the worker;
(II) Suitably cool, but not frozen; and
Page 16, Line 11(III) Of sufficient quantity to provide access to thirty-two ounces of drinking water per worker per hour.
Page 16, Line 12(f) (I) A principal shall allow and encourage each worker
Page 16, Line 13to take a ten-minute paid preventive warm-up break every two
Page 16, Line 14hours and at any time the worker feels the onset of cold illness.
Page 16, Line 15The preventive breaks may include access to warmth. A worker who takes a preventive break shall:
Page 16, Line 16(A) Be monitored and asked if they are experiencing signs and symptoms of cold illness;
Page 16, Line 17(B) Be encouraged to remain in the warmth; and
Page 16, Line 18(C) Not be ordered back to work until any signs or
Page 16, Line 19symptoms of cold illness have abated, but the worker must not
Page 17, Line 1be ordered back within less than five minutes, in addition to the time needed to access warmth where applicable;
Page 17, Line 2(II) A principal may count a meal break as a rest break, even if it is not otherwise required by law to be paid;
Page 17, Line 3(III) A principal shall not count a period during which a
Page 17, Line 4worker is putting on and removing personal protective equipment toward the total time provided for rest breaks;
Page 17, Line 5(IV) A principal shall not include the time for workers to
Page 17, Line 6walk to and from the break area in the time provided for rest breaks; and
Page 17, Line 7(V) A preventive break must not affect job quotas. A
Page 17, Line 8principal shall adjust job quotas to accommodate for preventive breaks.
Page 17, Line 9(6) Temperature-related injury and illness prevention plan.
Page 17, Line 10(a) A principal shall develop and implement a worksite
Page 17, Line 11temperature-related injury and illness prevention plan with site-specific information.
Page 17, Line 12(b) A TRIIPP must include:
Page 17, Line 13(I) A comprehensive list of the type of work activities covered by the TRIIPP;
Page 17, Line 14(II) The policies and procedures necessary to comply with the requirements of this section; and
Page 17, Line 15(III) An identification of the temperature metric and the
Page 17, Line 16increased risk factors that the principal will monitor to comply with the heat and cold safety requirements of this section.
Page 17, Line 17(c) If a principal employs a worker who wears
Page 17, Line 18vapor-impermeable clothing, the principal shall evaluate heat
Page 18, Line 1stress hazards resulting from the clothing and implement
Page 18, Line 2policies and procedures based on reputable sources to protect
Page 18, Line 3workers while wearing this clothing. The principal shall include
Page 18, Line 4the policies and procedures and documentation of the evaluation in the TRIIPP.
Page 18, Line 5(d) If a principal employs more than ten workers, a TRIIPP must be in writing.
Page 18, Line 6(e) A principal with more than ten workers shall
Page 18, Line 7designate one or more temperature safety coordinators to
Page 18, Line 8implement and monitor a TRIIPP. The name of the temperature
Page 18, Line 9safety coordinator must be documented in a written TRIIPP. The
Page 18, Line 10temperature safety coordinator may ensure compliance with all aspects of the TRIIPP.
Page 18, Line 11(f) A principal shall seek the input and involvement of
Page 18, Line 12nonmanagerial workers and their representatives, if any, in the development and implementation of the TRIIPP.
Page 18, Line 13(g) At least annually and if a temperature-related
Page 18, Line 14illness or injury occurs that results in death, days away from
Page 18, Line 15work, medical treatment beyond first aid, or loss of
Page 18, Line 16consciousness, a principal shall review and evaluate the
Page 18, Line 17effectiveness of the TRIIPP. After a review, the principal shall
Page 18, Line 18update the TRIIPP as necessary. The principal shall seek input
Page 18, Line 19and involvement of nonmanagerial workers and their representatives, if any, during any review or update.
Page 18, Line 20(h) A principal shall make a TRIIPP readily available at a worksite to all workers working at the worksite.
Page 18, Line 21(i) A TRIIPP must be available in a language each worker, supervisor, and temperature safety coordinator understands.
Page 19, Line 1(j) As part of a TRIIPP, a principal shall develop and
Page 19, Line 2implement a temperature emergency response plan that includes:
Page 19, Line 3(I) A list of emergency phone numbers;
Page 19, Line 4(II) A description of how workers can contact a supervisor and emergency medical services;
Page 19, Line 5(III) The name of an individual designated to ensure that
Page 19, Line 6temperature emergency procedures are invoked when appropriate;
Page 19, Line 7(IV) A description of how to transport a worker to a place
Page 19, Line 8where they can be reached by an emergency medical services provider;
Page 19, Line 9(V) Clear and precise directions to the worksite,
Page 19, Line 10including the address of the worksite, which can be provided to emergency dispatchers; and
Page 19, Line 11(VI) Procedures for responding to a worker experiencing signs and symptoms of temperature-related illness, including:
Page 19, Line 12(A) Heat emergency procedures for responding to a worker with signs and symptoms of a heat emergency; and
Page 19, Line 13(B) Cold emergency procedures for responding to a
Page 19, Line 14worker with signs and symptoms of a cold emergency, including responding to a worker with suspected hypothermia.
Page 19, Line 15(k) As part of a TRIIPP, a principal shall develop and implement a monitoring plan as described this section.
Page 19, Line 16(7) Temperature-related illness and emergency response.
Page 19, Line 17(a) If a worker is experiencing signs and symptoms of heat-related illness, a principal shall:
Page 20, Line 1(I) Relieve the worker from duty;
(II) Monitor the worker;
Page 20, Line 2(III) Ensure the worker is not left alone;
Page 20, Line 3(IV) Offer the worker on-site first aid or medical services before ending monitoring; and
Page 20, Line 4(V) Provide the worker with the means to reduce their body temperature.
Page 20, Line 5(b) If a worker is experiencing signs and symptoms of a heat emergency, a principal shall:
Page 20, Line 6(I) Take immediate actions to reduce the worker's body temperature before emergency medical services arrive;
Page 20, Line 7(II) Contact emergency medical services immediately; and
Page 20, Line 8(III) Perform the activities described in subsection (7)(a) of this section.
Page 20, Line 9(c) If a worker is experiencing signs and symptoms of a cold illness, a principal shall:
Page 20, Line 10(I) Relieve the worker from duty;
(II) Monitor the worker;
Page 20, Line 11(III) Ensure the worker is not left alone;
Page 20, Line 12(IV) Offer the worker on-site first aid or medical services before ending monitoring; and
Page 20, Line 13(V) Provide the worker with the means to increase their body temperature.
Page 20, Line 14(d) If a worker is experiencing signs and symptoms of a cold emergency, a principal shall:
Page 20, Line 15(I) Take immediate actions to increase the worker's body temperature before emergency medical services arrive;
Page 21, Line 1(II) Contact emergency medical services immediately; and
Page 21, Line 2(III) Perform the activities described in subsection (7)(c) of this section.
Page 21, Line 3(8) Temperature illness prevention requirements. (a) Before
Page 21, Line 4work at or above the initial heat trigger or at or below the
Page 21, Line 5extreme cold temperature trigger, a principal shall ensure that each worker receives and understands training on:
Page 21, Line 6(I) The location of break areas, including shade or air-conditioned areas and warming areas;
Page 21, Line 7(II) The location of the principal-provided water;
(III) The location of the restrooms;
Page 21, Line 8(IV) The policies and procedures applicable to the worker's duties, as indicated in the worksite's TRIIPP;
Page 21, Line 9(V) The name of the temperature safety coordinator;
(VI) A list of emergency phone numbers;
Page 21, Line 10(VII) A description of how workers can contact a supervisor and emergency medical services;
Page 21, Line 11(VIII) A description of how to transport a worker to a
Page 21, Line 12place where they can be reached by an emergency medical services provider;
Page 21, Line 13(IX) Clear and precise directions to the worksite,
Page 21, Line 14including the address of the worksite, which can be provided to emergency dispatchers;
Page 21, Line 15(X) Procedures for responding to a worker experiencing
Page 21, Line 16signs and symptoms of heat-related illness, including heat
Page 21, Line 17emergency procedures for responding to a worker with suspected heatstroke;
Page 22, Line 1(XI) The requirements of this section, including the
Page 22, Line 2prohibition on discrimination or retaliation against workers for exercising rights protected by section 8-14.4-102;
Page 22, Line 3(XII) The principal's commitment to preventing retaliation associated with the exercise of rights under this section; and
Page 22, Line 4(XIII) How the worker can access the worksite's TRIIPP.
Page 22, Line 5(b) In addition to the requirements set forth in subsection
Page 22, Line 6(8)(a) of this section, before work at or above the initial heat
Page 22, Line 7trigger, a principal shall ensure that each worker receives and understands training on:
Page 22, Line 8(I) Heat stress hazards;
(II) Heat-related injuries and illnesses;
Page 22, Line 9(III) Risk factors for heat-related injury or illness, including:
Page 22, Line 10(A) The contributions of physical exertion;
Page 22, Line 11(B) Vapor-impermeable clothing and personal protective equipment;
Page 22, Line 12(C) A lack of acclimatization;
(D) Unhealthy air quality; and
Page 22, Line 13(E) Personal risk factors, including age, health, alcohol
consumption, and use of certain medications;
Page 22, Line 14(IV) Signs and symptoms of heat-related illness and which ones require immediate emergency action;
Page 22, Line 15(V) The importance of removing clothing and personal
Page 22, Line 16protective equipment that may impair cooling during rest
Page 22, Line 17breaks;
Page 23, Line 1(VI) The importance of taking rest breaks to prevent heat-related illness or injury and that rest breaks are paid; and
Page 23, Line 2(VII) The importance of drinking water to prevent heat-related illness or injury.
Page 23, Line 3(c) If a principal is required to place warning signs for
Page 23, Line 4excessively high heat areas, the principal shall train workers
Page 23, Line 5concerning the procedures to follow when working in the high heat areas.
Page 23, Line 6(d) Before work is performed at or below the extreme
Page 23, Line 7cold temperature trigger, the principal shall ensure that each worker receives and understands training on:
Page 23, Line 8(I) Cold illness;
Page 23, Line 9(II) Risk factors for cold-related injury or illness,
Page 23, Line 10including the contributions of wetness, dampness, wind, personal
Page 23, Line 11protective equipment, long work shifts or days, exhaustion, and personal risk factors, such as age and health; and
Page 23, Line 12(III) The importance of proper dress to prevent cold illness.
Page 23, Line 13(e) A principal shall ensure that each supervisor
Page 23, Line 14responsible for supervising a worker performing work at or
Page 23, Line 15above the initial heat trigger or at or below the extreme cold
Page 23, Line 16temperature trigger and each temperature safety coordinator
Page 23, Line 17receives training and understands the training elements in subsection (8)(a) of this section and understands:
Page 23, Line 18(I) The policies and procedures developed to comply with
Page 23, Line 19the applicable requirements of this section, including the
Page 23, Line 20policies and procedures for monitoring temperature conditions developed to comply with this section;
Page 24, Line 1(II) The procedures the supervisor or temperature safety
Page 24, Line 2coordinator must follow if a worker exhibits signs and symptoms of temperature-related illness; and
Page 24, Line 3(III) The principal's commitment to supporting workers and
Page 24, Line 4preventing retaliation associated with the exercise of rights described in this section.
Page 24, Line 5(f) A principal shall ensure that each worker receives
Page 24, Line 6annual training on and understands the subjects addressed in
Page 24, Line 7this subsection (8). The principal shall ensure that each
Page 24, Line 8supervisor and temperature safety coordinator receives annual
Page 24, Line 9training on and understands the topics addressed in subsection
Page 24, Line 10(8)(e) of this section. For workers who perform work outdoors,
Page 24, Line 11the principal shall conduct the annual refresher training
Page 24, Line 12during the quarter preceding the time when the principal
Page 24, Line 13reasonably anticipates increased exposure to extreme
Page 24, Line 14temperatures or, if temperatures remain consistent throughout
Page 24, Line 15the year, during the first calendar quarter and as soon as practicable for new or seasonal workers.
Page 24, Line 16(g) A principal shall ensure that each worker promptly receives and understands additional training when:
Page 24, Line 17(I) Changes occur that affect a worker's exposure to heat or cold at work;
Page 24, Line 18(II) The principal changes the policies or procedures addressed in this section;
Page 24, Line 19(III) There is an indication that the worker has not
Page 24, Line 20retained the necessary understanding; or
Page 25, Line 1(IV) A temperature-related injury or illness occurs at
Page 25, Line 2the worksite that results in death, days away from work, medical treatment beyond first aid, or loss of consciousness.
Page 25, Line 3(h) A principal shall provide training in a language and at
Page 25, Line 4a literacy level that each worker, supervisor, and temperature
Page 25, Line 5safety coordinator understands. The principal shall provide
Page 25, Line 6each worker with an opportunity for questions and answers about the training materials.
Page 25, Line 7(9) Requirements implemented at no cost to workers.A
Page 25, Line 8principal shall implement the requirements of this section at no
Page 25, Line 9cost to workers, including paying workers their normal rate of pay when compliance requires workers' time.
Page 25, Line 10SECTION 3. In Colorado Revised Statutes, 8-14.4-106, amend (2) introductory portion, (3)(a), (3)(b), and (3)(d) as follows:
Page 25, Line 118-14.4-106. Relief authorized. (2) A court may order affirmative
Page 25, Line 12relief that the court determines to be appropriate, including the following
Page 25, Line 13relief, against a respondent who is found to have
engaged in aPage 25, Line 14
discriminatory, adverse, or retaliatory employment practice prohibited byPage 25, Line 15(3) (a) In addition to the relief available pursuant to subsection (2)
Page 25, Line 16of this section, in a civil action brought by a plaintiff under this article
Page 25, Line 1714.4 against a defendant who is found to have
engaged in an intentionalPage 25, Line 18
discriminatory, adverse, or retaliatory employment practicePage 25, Line 19this article 14.4, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3).
Page 25, Line 20(b) A plaintiff may recover punitive damages against a defendant
Page 25, Line 21if the plaintiff demonstrates by clear and convincing evidence that the
Page 26, Line 1defendant violated this article 14.4 or engaged in a discriminatory,
Page 26, Line 2adverse, or retaliatory employment practice with malice or reckless
Page 26, Line 3indifference to the rights of the plaintiff. However, if the defendant
Page 26, Line 4demonstrates good faith efforts to comply with this article 14.4 and to
Page 26, Line 5prevent discriminatory, adverse, and retaliatory employment practices in
Page 26, Line 6the workplace, the court shall not award punitive damages against the defendant.
Page 26, Line 7(d) In determining the appropriate level of damages to award a
Page 26, Line 8plaintiff who has been the victim of
an intentional discriminatory,Page 26, Line 9
adverse, or retaliatory employment practicePage 26, Line 1014.4, the court shall consider the size and assets of the defendant and the
Page 26, Line 11egregiousness of the
discriminatory, adverse, or retaliatory employment practicePage 26, Line 12SECTION 4. Act subject to petition - effective date. This act
Page 26, Line 13takes effect April 1, 2026; except that, if a referendum petition is filed
Page 26, Line 14pursuant to section 1 (3) of article V of the state constitution against this
Page 26, Line 15act or an item, section, or part of this act within the ninety-day period
Page 26, Line 16after final adjournment of the general assembly, then the act, item,
Page 26, Line 17section, or part will not take effect unless approved by the people at the
Page 26, Line 18general election to be held in November 2026 and, in such case, will take
Page 26, Line 19effect on the date of the official declaration of the vote thereon by the governor.