A Bill for an Act
Page 1, Line 101Concerning 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 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 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.
- To replace any requirement of the OSH Act or the "Federal Mine Safety and Health Act of 1977" that is repealed, revoked, or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent;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.
The bill authorizes the following actions to address workplace health and safety concerns:
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:
Sections 2 through 8 make conforming amendments.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 2 to article
Page 2, Line 314.4 of title 8 as follows:
Page 2, Line 4PART 2
Page 2, Line 5WORKPLACE HEALTH AND SAFETY
Page 3, Line 18-14.4-201. Definitions.
Page 3, Line 2As used in this part 2, unless the context otherwise
Page 3, Line 3requires:
Page 3, Line 4(1) "Division" means the division of labor standards and
Page 3, Line 5statistics in the department.
Page 3, Line 6(2) (a) "Employer" has the meaning set forth in section
Page 3, Line 78-4-101 (6).
Page 3, Line 8(b) "Employer" does not include the federal government.
Page 3, Line 9(3) "Fund" means the workplace health and safety fund
Page 3, Line 10created in section 8-14.4-204.
Page 3, Line 11(4) (a) "Labor organization" means any organization that
Page 3, Line 12exists for the purpose, in whole or in part, of collective
Page 3, Line 13bargaining; of dealing with employers concerning grievances,
Page 3, Line 14terms, or conditions of employment; or of other mutual aid or
Page 3, Line 15protection in connection with employment.
Page 3, Line 16(b) "Labor organization" includes community-based,
Page 3, Line 17nonprofit, membership-based organizations dedicated to
Page 3, Line 18supporting workers, assisting workers with mutual aid or
Page 3, Line 19protection in connection with employment, encouraging
Page 3, Line 20collective action, or empowering vulnerable workers.
Page 3, Line 21(5) "OSH act" means the federal "Occupational Safety
Page 3, Line 22and Health Act of 1970", 29 U.S.C. sec. 651 et seq.
Page 3, Line 23(6) "Stringent" means a law, rule, or standard's overall
Page 3, Line 24effectiveness in protecting the rights and safety of workers. A
Page 3, Line 25law, rule, or standard is considered to be more stringent if it
Page 3, Line 26imposes a safety requirement or obligation on employers that is
Page 3, Line 27stricter or more demanding than what is otherwise imposed by
Page 4, Line 1law or if it provides for greater rights, benefits, remedies, or
Page 4, Line 2procedures for workers than what is otherwise provided by law.
Page 4, Line 3(7) "Workplace" means any place where an employer
Page 4, Line 4requires a worker to perform tasks, jobs, or projects for
Page 4, Line 5compensation.
Page 4, Line 68-14.4-202. General duty to maintain a safe workplace.
Page 4, Line 7(1) An employer shall ensure the employer's workplace is
Page 4, Line 8free from recognized hazards, which duty shall be interpreted
Page 4, Line 9consistent with the federal occupational safety and health
Page 4, Line 10administration's interpretation of the general duty clause of
Page 4, Line 11the OSH act, 29 U.S.C. sec. 654 (a)(1), as of September 1, 2025.
Page 4, Line 12(2) An employer has the general duty to:
Page 4, Line 13(a) Ensure that each workplace is constructed, equipped,
Page 4, Line 14arranged, operated, and conducted in a manner as to provide
Page 4, Line 15reasonable and adequate protection to the lives, health, and
Page 4, Line 16safety of all individuals employed or working in the workplace;
Page 4, Line 17and
Page 4, Line 18(b) Comply with standards for workplace health and
Page 4, Line 19safety that the division adopts by rule pursuant to this part 2.
Page 4, Line 208-14.4-203. Enforcement - referral to state or local authorities
Page 4, Line 21- statutory damages - civil action - injunction - withdrawal from
Page 4, Line 22dangerous workplace.
Page 4, Line 23(1) The attorney general or the division may refer
Page 4, Line 24workplace health and safety concerns to relevant state or
Page 4, Line 25local authorities, including those charged with enforcing
Page 4, Line 26building codes, sanitation, fire risk prevention, and industrial
Page 4, Line 27hazard prevention.
Page 5, Line 1(2) (a) The attorney general, the division, a labor
Page 5, Line 2organization, or a person aggrieved by a violation of this part
Page 5, Line 32 may file a civil action against a person that violates this part
Page 5, Line 42 for all available equitable relief, including the prevention of
Page 5, Line 5unjust enrichment; injunction; the deterrence of the use of
Page 5, Line 6dangerous machinery, equipment, or devices; and the prevention
Page 5, Line 7of further work in or occupancy of a dangerous workplace.
Page 5, Line 8(b) An action brought by an aggrieved person pursuant to
Page 5, Line 9this section may be brought by one or more workers on behalf of
Page 5, Line 10themselves or other workers similarly situated.
Page 5, Line 11(c) If a court imposes an injunction or a stop work order
Page 5, Line 12limiting work or prohibiting the use of dangerous machinery,
Page 5, Line 13equipment, or devices or an injunction or a stop work order for
Page 5, Line 14a dangerous workplace, the employer must either:
Page 5, Line 15(I) Reassign workers to work that does not involve
Page 5, Line 16dangerous machinery, equipment, or devices and that does not
Page 5, Line 17occur in the dangerous workplace; or
Page 5, Line 18(II) Pay workers at their regular rate of pay for at least
Page 5, Line 19the first ten regular working days if they are unable to work
Page 5, Line 20due to the injunction or stop work order.
Page 5, Line 21(d) The court may award a person found to have been
Page 5, Line 22aggrieved by a violation of this part 2 statutory damages in an
Page 5, Line 23amount not to exceed one thousand dollars per violation,
Page 5, Line 24except if the employer:
Page 5, Line 25(I) Repeatedly violates this part 2 or rules adopted
Page 5, Line 26pursuant to section 8-14.4-205, in which case the statutory
Page 5, Line 27damages for the second violation or any subsequent violation
Page 6, Line 1must not exceed ten thousand dollars; or
Page 6, Line 2(II) Willfully violates this part 2 or rules adopted
Page 6, Line 3pursuant to section 8-14.4-205 or demonstrates plain
Page 6, Line 4indifference to this part 2 or rules adopted pursuant to section
Page 6, Line 58-14.4-205, in which case the statutory damages for each
Page 6, Line 6violation must not exceed seventy thousand dollars per
Page 6, Line 7violation.
Page 6, Line 8(e) In addition to other relief authorized by this section,
Page 6, Line 9the court may order a person that violates this section to pay
Page 6, Line 10a penalty for each violation of this part 2 or rules adopted
Page 6, Line 11pursuant to section 8-14.4-205. Penalties imposed pursuant to
Page 6, Line 12this subsection (2)(e) shall be credited to the workplace health
Page 6, Line 13and safety fund created in section 8-14.4-204. The penalties must
Page 6, Line 14not exceed one thousand dollars per violation, except if the
Page 6, Line 15employer:
Page 6, Line 16(I) Repeatedly violates this part 2 or rules adopted
Page 6, Line 17pursuant to section 8-14.4-205, in which case the penalty for the
Page 6, Line 18second violation or any subsequent violation must not exceed
Page 6, Line 19ten thousand dollars; or
Page 6, Line 20(II) Willfully violates this part 2 or rules adopted
Page 6, Line 21pursuant to section 8-14.4-205 or demonstrates plain
Page 6, Line 22indifference to this part 2 or rules adopted pursuant to section
Page 6, Line 238-14.4-205, in which case the penalty for each violation shall not
Page 6, Line 24exceed seventy thousand dollars.
Page 6, Line 25(f) A court may award the attorney general, the division,
Page 6, Line 26a labor organization, or a person found to have been aggrieved
Page 6, Line 27by a violation of this part 2 reasonable costs and attorney fees
Page 7, Line 1incurred.
Page 7, Line 2(g) Each day a violation of this part 2 continues
Page 7, Line 3constitutes a separate and distinct offense, and employment of
Page 7, Line 4any worker in violation of this part 2 constitutes, with respect
Page 7, Line 5to each worker employed, a separate and distinct offense.
Page 7, Line 6(h) This part 2 shall not be construed to replace the
Page 7, Line 7"Workers' Compensation Act of Colorado", articles 40 to 47 of
Page 7, Line 8this title 8, as the appropriate mechanism for addressing
Page 7, Line 9job-related injuries.
Page 7, Line 108-14.4-204. The workplace health and safety fund - created -
Page 7, Line 11permissible uses.
Page 7, Line 12(1) The state treasurer shall credit penalties collected
Page 7, Line 13for the state pursuant to this part 2 to the workplace health
Page 7, Line 14and safety fund, which fund is created. The money in the fund
Page 7, Line 15may be used by the division to cover direct and indirect costs
Page 7, Line 16associated with:
Page 7, Line 17(a) Enforcement activities authorized in this section;
Page 7, Line 18(b) Creating, distributing, sharing, and publicizing
Page 7, Line 19materials designed to educate workers and employers about
Page 7, Line 20their obligations under the OSH act, this part 2, and related
Page 7, Line 21regulations and policy; and
Page 7, Line 22(c) Rule-making conducted pursuant to section 8-14.4-205.
Page 7, Line 23(2) (a) Money in the fund is continuously appropriated to
Page 7, Line 24the division for use in implementing the purposes set forth in
Page 7, Line 25subsection (1) of this section.
Page 7, Line 26(b) The state treasurer may invest any money in the fund
Page 7, Line 27not expended for the purpose of this part 2 as provided by law.
Page 8, Line 1The state treasurer shall credit all interest and income derived
Page 8, Line 2from the investment and deposit of money in the fund to the
Page 8, Line 3fund. Any unexpended and unencumbered money remaining in the
Page 8, Line 4fund at the end of a fiscal year remains in the fund and shall
Page 8, Line 5not be credited or transferred to the general fund or another
Page 8, Line 6fund.
Page 8, Line 7(3) The limitations specified in section 24-75-402 do not
Page 8, Line 8apply to the fund.
Page 8, Line 98-14.4-205. Rules.
Page 8, Line 10(1) If, at any time after September 1, 2025, any requirement
Page 8, Line 11of the OSH act or the "Federal Mine Safety and Health Act of
Page 8, Line 121977", 30 U.S.C. sec. 801 et seq., is repealed, revoked, or amended
Page 8, Line 13in any manner that results in the federal protections of
Page 8, Line 14workers' rights or worker safety becoming less stringent, or if
Page 8, Line 15an OSH act safety standard, or rules adopted thereunder, is
Page 8, Line 16repealed or revoked, the division may, as soon as practical,
Page 8, Line 17adopt rules establishing a state standard that is as or more
Page 8, Line 18stringent for employers in the state as the federal occupational
Page 8, Line 19health or safety standard being amended, repealed, or revoked
Page 8, Line 20as a minimum standard for employers in this state.
Page 8, Line 21(2) The division may adopt rules to define standards for
Page 8, Line 22workplace health and safety if there is no standard in effect
Page 8, Line 23under section 6 of the OSH act.
Page 8, Line 24(3) Any standard adopted pursuant to subsection (1) or (2)
Page 8, Line 25of this section may be enforced through section 8-14.4-203.
Page 8, Line 26(4) The division may adopt rules as necessary to implement
Page 8, Line 27this part 2.
Page 9, Line 1SECTION 2. In Colorado Revised Statutes, 8-14.4-101, amend
Page 9, Line 2the introductory portion as follows:
Page 9, Line 38-14.4-101. Definitions.
Page 9, Line 4As used in this
article 14.4Page 9, Line 5requires:
Page 9, Line 6SECTION 3. In Colorado Revised Statutes, 8-14.4-102, amend
Page 9, Line 7(2)(b) and (4) as follows:
Page 9, Line 88-14.4-102. Prohibition against discrimination based on claims
Page 9, Line 9related to health and safety.
Page 9, Line 10(2) (b) A contract or agreement that violates subsection (2)(a) of
Page 9, Line 11this section is void and unenforceable as contrary to the public policy of
Page 9, Line 12this state. A principal's attempt to impose such a contract or agreement is
Page 9, Line 13an adverse action in violation of this
article 14.4Page 9, Line 14(4) A principal shall not discriminate, take adverse action, or
Page 9, Line 15retaliate against a worker based on the worker opposing any practice the
Page 9, Line 16worker reasonably believes is unlawful under this
article 14.4Page 9, Line 17for making a charge, testifying, assisting, or participating in any manner
Page 9, Line 18in an investigation, proceeding, or hearing as to any matter the worker
Page 9, Line 19reasonably believes to be unlawful under this
article 14.4Page 9, Line 20SECTION 4. In Colorado Revised Statutes, 8-14.4-103, amend
Page 9, Line 21(1) as follows:
Page 9, Line 228-14.4-103. Principal post notice of rights - rules.
Page 9, Line 23(1) A principal shall post notice of a worker's rights under this
Page 9, Line 24
article 14.4Page 9, Line 25SECTION 5. In Colorado Revised Statutes, 8-14.4-104, amend
Page 9, Line 26(1) introductory portion as follows:
Page 9, Line 278-14.4-104. Relief for aggrieved person.
Page 10, Line 1(1) A person may seek relief for a violation of this
article 14.4Page 10, Line 2part 1 by:
Page 10, Line 3SECTION 6. In Colorado Revised Statutes, 8-14.4-105, amend
Page 10, Line 4(1)(a), (1)(b)(I), and (2)(a) as follows:
Page 10, Line 58-14.4-105. Enforcement by the division - rules.
Page 10, Line 6(1) (a) Within two years after an alleged violation of this
articlePage 10, Line 7
14.4Page 10, Line 8complaint against a principal with the division as specified in this
Page 10, Line 9subsection (1).
Page 10, Line 10(b) Until the date the division makes a complaint form publicly
Page 10, Line 11available:
Page 10, Line 12(I) An aggrieved individual or whistleblower may file a complaint
Page 10, Line 13of a violation of this
article 14.4Page 10, Line 14mail or electronic mail;
Page 10, Line 15(2) The division shall either:
Page 10, Line 16(a) Investigate alleged principal violations of, or interference with
Page 10, Line 17rights or responsibilities under, this
article 14.4Page 10, Line 18filed with the division by aggrieved individuals and whistleblowers; or
Page 10, Line 19SECTION 7. In Colorado Revised Statutes, 8-14.4-106, amend
Page 10, Line 20(1), (2) introductory portion, (3)(a), (3)(b), and (4) as follows:
Page 10, Line 218-14.4-106. Relief authorized.
Page 10, Line 22(1) An aggrieved individual may, within ninety days after
Page 10, Line 23exhausting administrative remedies pursuant to section 8-14.4-105,
Page 10, Line 24commence an action in district court against a principal for a violation of
Page 10, Line 25this
article 14.4Page 10, Line 26(2) A court may order affirmative relief that the court determines
Page 10, Line 27to be appropriate, including the following relief, against a respondent who
Page 11, Line 1is found to have engaged in a discriminatory, adverse, or retaliatory
Page 11, Line 2employment practice prohibited by this
article 14.4Page 11, Line 3(3) (a) In addition to the relief available pursuant to subsection (2)
Page 11, Line 4of this section, in a civil action brought by a plaintiff under this
articlePage 11, Line 5
14.4Page 11, Line 6intentional discriminatory, adverse, or retaliatory employment practice,
Page 11, Line 7the plaintiff may recover compensatory and punitive damages as specified
Page 11, Line 8in this subsection (3).
Page 11, Line 9(b) A plaintiff may recover punitive damages against a defendant
Page 11, Line 10if the plaintiff demonstrates by clear and convincing evidence that the
Page 11, Line 11defendant engaged in a discriminatory, adverse, or retaliatory
Page 11, Line 12employment practice with malice or reckless indifference to the rights of
Page 11, Line 13the plaintiff. However, if the defendant demonstrates good faith efforts
Page 11, Line 14to comply with this
article 14.4Page 11, Line 15adverse, and retaliatory employment practices in the workplace, the court
Page 11, Line 16shall not award punitive damages against the defendant.
Page 11, Line 17(4) If a plaintiff in a civil action filed under this
article 14.4Page 11, Line 181 seeks compensatory or punitive damages pursuant to subsection (3) of
Page 11, Line 19this section, any party to the civil action may demand a trial by jury.
Page 11, Line 20SECTION 8. In Colorado Revised Statutes, 8-14.4-107, amend
Page 11, Line 21(1), (2)(a), (2)(b), and (3)(a) as follows:
Page 11, Line 228-14.4-107. Whistleblower enforcement - qui tam - definition.
Page 11, Line 23(1) As used in this section, "whistleblower" means a worker with
Page 11, Line 24knowledge of an alleged violation of this
article 14.4Page 11, Line 25worker's representative.
Page 11, Line 26(2) (a) A whistleblower who has exhausted the administrative
Page 11, Line 27remedies pursuant to section 8-14.4-105 may bring a civil action against
Page 12, Line 1a principal for a violation of this
article 14.4Page 12, Line 2in district court pursuant to this section. The state may intervene in the
Page 12, Line 3action to prosecute in its own name.
Page 12, Line 4(b) At the time that the action is filed, the whistleblower shall give
Page 12, Line 5written notice to the division of the specific provisions of this
article 14.4Page 12, Line 6part 1 alleged to have been violated.
Page 12, Line 7(3) The proceeds of any judgment entered pursuant to this section
Page 12, Line 8shall be distributed as follows:
Page 12, Line 9(a) Seventy-five percent to the division for enforcement of this
Page 12, Line 10
article 14.4Page 12, Line 11SECTION 9. Applicability. This act applies to conduct occurring
Page 12, Line 12on or after the effective date of this act.
Page 12, Line 13SECTION 10. Safety clause. The general assembly finds,
Page 12, Line 14determines, and declares that this act is necessary for the immediate
Page 12, Line 15preservation of the public peace, health, or safety or for appropriations for
Page 12, Line 16the support and maintenance of the departments of the state and state
Page 12, Line 17institutions.