Colorado Seeks to Increase Worker Safety Protections

Quick Hits

• HB 26-1054 was drafted to address workplace safety standards in a time of declining federal enforcement and would grant the Colorado attorney general and private citizens the ability to file civil lawsuits to ensure the law is followed.
• The bill would increase the state’s role in workplace safety by allowing state lawmakers to create new workplace safety rules when existing federal regulations are repealed.
• Opponents of the legislation contend it could result in employer confusion resulting from conflicting or duplicative standards.

Section 5(a)(1) of the federal Occupational Safety and Health Act (OSH Act), known as the general duty clause, mandates employers provide a workplace free from recognized hazards that cause or are likely to cause death or serious physical harm. Employers’ duties under HB 26-1054 align with OSHA’s general duty clause requirements.

In addition to maintaining a workspace free from serious hazards, HB 26-1054 would require employers to:

• ensure workplaces are constructed, equipped, arranged, operated, and conducted to provide reasonable and adequate protection to the health and safety of all workers; and
• comply with standards for workplace health and safety adopted by the Colorado Department of Labor and Employment’s (CDLE) Division of Labor Standards and Statistics.

HB 26-1054 would codify employer duties and create various enforcement mechanisms at the state level. Under the bill, the CDLE would be responsible for promulgating rules to replace OSHA or mine safety standards that are repealed, revoked, or weakened, and defining standards in situations where no federal standard currently exists.

The bill would grant new avenues of enforcement, including:

• The attorney general or CDLE would be empowered to refer workplace health and safety concerns to relevant state or local authorities.
• The attorney general, CDLE, labor organizations, or aggrieved persons would be empowered to file civil actions.
• One or more workers would be empowered to file suit on behalf of themselves or similarly situated workers.

The bill would allow an employee or labor organization to seek a stop work order or monetary damages if an employer failed to provide a workplace free of recognized hazards,. Where a court issues an injunction or stop work order for dangerous conditions, an employer would be required to either: (1) reassign workers to safe tasks, or (2) pay workers at their regular rate for at least ten working days if unable to work as a result of the order.

Statutory damages and penalties would be set at up to $1,000 per violation, $10,000 for repeat violations, and up to $70,000 for willful violations. Unabated violations would be deemed continuing violations and become a separate offense for each day they remain unresolved. Additionally, the bill would allow court to award reasonable costs and attorneys’ fees.

Lastly, the bill would create a dedicated fund that receives penalties collected. The fund would be used by the CDLE for enforcement activities, rulemaking, or educational materials for workers and employers.

On February 26, the bill was amended and passed out of the House Business Affairs and Labor Committee and referred to the House Appropriations Committee.

Ogletree Deakins’ Denver office and Workplace Safety and Health Practice Group will continue to monitor developments and will provide updates on the Colorado and Workplace Safety and Health blogs as new information becomes available.

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