reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 1 - WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS (§§ 8-13.5-101 — 8-13.5-104) › Section 8-13.5-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
The American academy of pediatrics recommends breastfeeding exclusively for the first six months of an infant's life and has continuously endorsed breastfeeding for at least one year or longer as the optimal form of nutrition for infants and as a foundation for good feeding practices;
(b)
Extensive research indicates that there are diverse and compelling advantages to nursing for infants, mothers, families, businesses, and society, including less illness among children who are nursed and lower health-care costs;
(c)
Epidemiologic research shows that breastfeeding infants provides benefits to their general health, growth, and development and results in significant decreases in risk for numerous acute illnesses;
(d)
Breastfeeding has been shown to have numerous health benefits for mothers, including an earlier return to prepregnant weight, delayed resumption of ovulation with increased child spacing, improved bone remineralization postpartum with reduction in hip fractures in the postmenopausal period, and reduced risk of ovarian cancer and premenopausal breast cancer;
(e)
In addition to individual health benefits, providing opportunities for breastfeeding results in substantial benefits to employers, including reduced health-care costs, reduced employee absenteeism for care attributable to infant illness, improved employee productivity, higher morale and greater loyalty, improved ability to attract and retain valuable employees, and a family-friendly image in the community;
(f)
Nursing is a basic, normal, and important act of nurturing that should be encouraged in the interests of maternal and infant health.
(2)
The general assembly further declares that the purpose of this part 1 is for the state of Colorado to become involved in the national movement to recognize the medical importance of breastfeeding, within the scope of complete pediatric care, and to encourage removal of boundaries placed on nursing mothers in the workplace.
Amended by 2021 Ch. 337,§ 11, eff. 6/25/2021.
L. 2008: Entire article added, p. 328, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 1 - WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS (§§ 8-13.5-101 — 8-13.5-104) › Section 8-13.5-103 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Employer" means a person engaged in business who has one or more employees. "Employer" includes the state and any political subdivision of the state.
(2)
"Reasonable efforts" means any effort that would not impose an undue hardship on the operation of the employer's business.
(3)
"Undue hardship" means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, the financial resources of the business, or the nature and structure of its operation, including consideration of the special circumstances of public safety.
Amended by 2021 Ch. 337,§ 12, eff. 6/25/2021.
L. 2008: Entire article added, p. 329, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 1 - WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS (§§ 8-13.5-101 — 8-13.5-104) › Section 8-13.5-104 - Right of nursing mothers to express breast milk in workplace - private location - discrimination prohibited

(1)
An employer shall provide reasonable unpaid break time or permit an employee to use paid break time, meal time, or both, each day to allow the employee to express breast milk for her nursing child for up to two years after the child's birth.
(2)
The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express breast milk in privacy.
(3)
An employer that makes reasonable efforts to accommodate an employee who chooses to express breast milk in the workplace shall be deemed to be in compliance with the requirements of this section.
(4)
The department of labor and employment shall provide, on its website, information and links to other websites where employers can access information regarding methods to accommodate nursing mothers in the workplace. The department shall consult with appropriate organizations or associations to determine the appropriate information and website links to provide on the department's website so as to provide employers with the most accurate and useful information available.
(5)
Before an employee may seek litigation for a violation of this section, there shall be nonbinding mediation between the employer and the employee.
L. 2008: Entire article added, p. 329, § 1, effective August 5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 2 - LABOR CONDITIONS FOR AGRICULTURAL WORKERS (§§ 8-13.5-201 — 8-13.5-205) › Section 8-13.5-201 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Agricultural employer" has the same meaning set forth in section
8-3-104(1)
.
(2)
"Agricultural employment" means employment in any service or activity included in section 203 (f) of the federal "Fair Labor Standards Act of 1938",
29 U.S.C. sec. 201
et seq., as amended, or section 3121 (g) of the federal "Internal Revenue Code of 1986", as amended.
(3)
"Agricultural worker" or "worker" means a worker engaged in any service or activity included in section 203 (f) of the federal "Fair Labor Standards Act of 1938",
29 U.S.C. sec. 201
et seq., as amended, or section 3121 (g) of the federal "Internal Revenue Code of 1986", as amended.
(4)
"Agricultural worker's representative" means a person or entity designated by an agricultural employee in a confidential, sealed filing with the court.
(5)
"Department" means the department of labor and employment.
(6)
"Division" means the division of labor standards and statistics in the department.
(7)
"Key service provider" means a health-care provider; a community health worker, including a promotora; an education provider; an attorney; a legal advocate; a government official, including a consular representative; a member of the clergy; and any other service provider to which an agricultural worker may need access.
(8)
"Occasional or intermittent" means twenty percent or less of an agricultural worker's weekly work time.
(9)
"Short-handled hoe" means a handheld tool with a flat blade affixed perpendicularly to a handle that is less than eighteen inches long. "Short-handled hoe" includes a long-handled hand tool that has been modified to be used as a short-handled hoe.
(10)
"Whistleblower" means an agricultural worker with knowledge of an alleged violation of this part 2 or the agricultural worker's representative.
Added by 2021 Ch. 337,§5, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 2 - LABOR CONDITIONS FOR AGRICULTURAL WORKERS (§§ 8-13.5-201 — 8-13.5-205) › Section 8-13.5-204 - Enforcement - penalties - relief - rules

(1)
An aggrieved agricultural worker, a whistleblower, or a key service provider who was unable to access an agricultural worker due to a violation of this part 2 may:
(a)
Commence an action in district court against an agricultural employer for a violation of this part 2; or
(b)
Assert a claim with the division pursuant to rules adopted by the director of the division against an agricultural employer. The director may investigate and order all remedies available in district court or may decline to investigate and thus authorize the complainant to file suit in district court. A decision by the director to decline to investigate must be made within ninety days after the claim is filed as established by rule of the director. The statute of limitations is tolled for the purpose of filing a claim in district court from the date that the claim is asserted until ninety days after the director declines to investigate the claim.
(2)
(a)
A court may:
(I)
Order injunctive relief to enjoin the continuance of the violation of this part 2;
(II)
Award the plaintiff actual damages or ten thousand dollars, whichever is greater; and
(III)
Award the plaintiff attorney fees.
(b)
Any amounts recovered by a whistleblower or key service provider pursuant to this section must be distributed to agricultural workers affected by the violation who can be located, insofar as such disbursement is economically feasible.
(3)
An aggrieved agricultural worker or whistleblower is entitled to all rights, remedies, and penalties afforded under section
8-2-206
.
Added by 2021 Ch. 337, § 5, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 13.5 - WORKPLACE ACCOMMODATIONS AND PROTECTIONS (§§ 8-13.5-101 — 8-13.5-205) › Part 2 - LABOR CONDITIONS FOR AGRICULTURAL WORKERS (§§ 8-13.5-201 — 8-13.5-205) › Section 8-13.5-205 - Agricultural work advisory committee - creation - report - repeal

(1)
On or before April 1, 2022, the director of the division shall establish the agricultural work advisory committee, referred to in this section as the "advisory committee". The advisory committee consists of nine members as follows:
(a)
The director of the division shall appoint:
(I)
Two members who have worked as agricultural workers; and
(II)
Two members who are advocates of workers' rights;
(b)
The commissioner of agriculture shall appoint:
(I)
Three members who represent agricultural employers; and
(II)
Two representatives from the Migrant Farm Worker Division of Colorado Legal Services, or its successor organization.
(2)
(a)
The terms of the members are four years.
(b)
If a member fails to complete the member's term, the appointing authority shall appoint a new member to complete the remainder of the term.
(c)
Members shall serve without compensation for their service; except that members may receive a per diem as established by the executive director of the department and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.
(3)
(a)
The advisory committee shall gather and analyze data and other information regarding the wages and working conditions of agricultural workers and report its findings and any legislative recommendations to the general assembly.
(b)
To the extent possible, the executive director of the department shall ensure that the advisory committee has the opportunity to meet with appropriate representatives from the department of labor and employment, the department of public health and environment, the department of agriculture, and the governor's office for purposes of conducting its work pursuant to subsection (3)(a) of this section.
(c)
Notwithstanding section
24-1-136(11)(a)(I)
, on or before January 1, 2023, and each January 1 thereafter, the advisory committee shall report its progress, findings, and legislative recommendations to the agriculture, livestock, and water committee and the business affairs and labor committee of the house of representatives, or their successor committees, and the agriculture and natural resources committee and the business, labor, and technology committee of the senate, or their successor committees.
(4)
This section is repealed, effective September 1, 2031. Before the repeal, the advisory committee is scheduled for review in accordance with section
2-3-1203
.
Added by 2021 Ch. 337,§ 5, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14 - PROTECTION OF BUILDING EMPLOYEES (§§ 8-14-101 — 8-14-105) › Section 8-14-101 - Protection of building employees

A person employing or directing another to perform labor of any kind in the erection, repairing, altering, or painting of a house, building, or structure shall not furnish or erect for the performance of such labor scaffolding, hoists, stays, ladders, or other mechanical contrivances which are unsafe, unsuitable, or improper and which are not constructed, placed, and operated to give proper protection to life and limb of a person so employed or engaged. Scaffolding or staging swung or suspended from an overhead support more than twenty feet from the ground or floor shall have a safety rail of wood, properly bolted, secured, and braced, rising at least thirty-four inches above the floor or main portions of the scaffolding or staging and extending along the entire length of the outside and the ends thereof and properly attached thereto, and such scaffolding or staging shall be so fastened to prevent the same from swaying from the building or structure.
L. 13: p. 448, § 1. C.L. § 4186. CSA: C. 97, § 117. CRS 53: § 80-16-1. C.R.S. 1963: § 80-13-1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14 - PROTECTION OF BUILDING EMPLOYEES (§§ 8-14-101 — 8-14-105) › Section 8-14-102 - Scaffolding - complaints - duty of building inspector

(1)
Whenever complaint is made to the building inspector of any town or city wherein work is being done that the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, or ropes of any swinging or stationary scaffolding used in the construction, alteration, repairing, painting, cleaning, or pointing of buildings within the limits of such city are unsafe or liable to prove dangerous to the life or limb of any person, the building inspector shall immediately cause an inspection to be made of the scaffolding or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons, or other parts connected therewith. If, after examination, the scaffolding or any of the parts are found to be dangerous to life or limb, the building inspector shall prohibit the use thereof and require the same to be altered and reconstructed to avoid such danger. The building inspector making the examination shall attach a certificate to the scaffolding or the slings, hangers, irons, ropes, or other parts thereof examined by him stating that he has made an examination and that he has found it safe or unsafe, as the case may be. If he declares it unsafe, he shall notify the person responsible for its erection of the fact at once, in writing, and warn him against the use thereof. Such notice may be served personally upon the person responsible for its erection or by affixing it conspicuously to the scaffolding or the part thereof declared to be unsafe. After the notice has been so served or affixed, the person responsible therefor shall immediately remove the scaffolding or part thereof or alter or strengthen it in such manner as to render it safe, in the discretion of the officer who has examined it.
(2)
The building inspector, whose duty it is to examine or test any scaffolding or part thereof as required by this section, shall have free access at all reasonable hours to any building or premises containing scaffolding or where it is in use. All swinging or stationary scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use, and not more than four men shall be allowed on any swinging scaffolding at one time.
L. 13: p. 448, § 2. C.L. § 4187. CSA: C. 97, § 118. CRS 53: § 80-16-2. C.R.S. 1963: § 80-13-2.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14 - PROTECTION OF BUILDING EMPLOYEES (§§ 8-14-101 — 8-14-105) › Section 8-14-103 - Flooring - hoisting of materials - regulations

(1)
All contractors and owners, when constructing buildings in cities where the plans and specifications require the floors to be arched between the beams thereof or where the floors or filling in between the floors are of fireproof material or brick work, shall complete the flooring or filling in as the building progresses to not less than within three tiers of beams below that on which the iron work is being erected. If the plans and the specifications of the buildings do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the underflooring thereof on each story as the building progresses to not less than within two stories below the one to which the building has been erected.
(2)
Where double floors are not to be used, the contractor shall keep the floor planked over not less than two stories below the story where the work is being performed. If the floor beams are of iron or steel, the contractor for the iron or steel work of building in course of construction, or the owners of such building, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising or lowering of materials to be used in the construction of the building or such spaces as may be designated by the plans and specifications for stairways and elevator shafts. If elevators, elevating machines, or hod-hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in the construction, the contractors or owners shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier at least eight feet in height; except on two sides, which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of the shaft or opening. If a building in course of construction is five stories or more in height, no lumber or timber needed for such construction shall be hoisted or lifted on the outside of the building.
L. 13: p. 449, § 3. C.L. § 4188. CSA: C. 97, § 119. CRS 53: § 80-16-3. C.R.S. 1963: § 80-13-3.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14 - PROTECTION OF BUILDING EMPLOYEES (§§ 8-14-101 — 8-14-105) › Section 8-14-104 - Building inspector to enforce - prosecutions

The building inspector shall enforce all the provisions of this article. He shall investigate complaints made to him of violations of such provisions, and, if he finds that such complaints are well-founded, he shall issue an order directed to the person or corporation complained of requiring such person or corporation to comply with those provisions. If such order is disregarded, the building inspector shall present to the district attorney of the proper county all the facts ascertained by him in regard to the alleged violation and all other papers, documents, or evidence pertaining thereto which he has in his possession. The district attorney to whom such presentation is made shall proceed at once to prosecute the person or corporation for the violations complained of.
L. 13: p. 450, § 4. C.L. § 4189. CSA: C. 97, § 120. CRS 53: § 80-16-4. C.R.S. 1963: § 80-13-4.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14 - PROTECTION OF BUILDING EMPLOYEES (§§ 8-14-101 — 8-14-105) › Section 8-14-105 - Penalty for violation

Any person, corporation, company, or association who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than fifty dollars nor more than five hundred dollars for each offense.
L. 13: p. 451, § 5. C.L. § 4190. CSA: C. 97, § 121. CRS 53: § 80-16-5. C.R.S. 1963: § 80-13-5.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.3 - VETERANS EMPLOYMENT PROGRAMS (§§ 8-14.3-101 — 8-14.3-205) › Part 1 - [Repealed] EMPLOYMENT SERVICES FOR VETERANS PILOT PROGRAM (§ 8-14.3-101) › Section 8-14.3-101 - to 8-14.3-103 - [Repealed]

(1) This part 1 was added in 2015.
(2) Section 8-14.3-103 provided for the repeal of this part 1, effective January 1, 2018. (See L. 2016, p. 662.)
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.3 - VETERANS EMPLOYMENT PROGRAMS (§§ 8-14.3-101 — 8-14.3-205) › Part 2 - COLORADO VETERANS' SERVICE-TO-CAREER PROGRAM (§§ 8-14.3-201 — 8-14.3-205) › Section 8-14.3-201 - Short title

The short title of this part 2 is the "Colorado Veterans' Service-to-career Program".
Amended by 2018 Ch. 242,§ 1, eff. 7/1/2018.
Added by 2016 Ch. 187,§ 1, eff. 8/10/2016.
L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, § 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1502, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.3 - VETERANS EMPLOYMENT PROGRAMS (§§ 8-14.3-101 — 8-14.3-205) › Part 2 - COLORADO VETERANS' SERVICE-TO-CAREER PROGRAM (§§ 8-14.3-201 — 8-14.3-205) › Section 8-14.3-201.5 - Legislative declaration

(1)
The general assembly finds, determines, and declares that the pilot program enacted in House Bill 16-1267, which created the Colorado veterans' service-to-career pilot program that authorized nonprofit agencies to partner with work force centers selected by the department to provide veterans and other eligible participants with skills training, internships, work placements, mentorship opportunities, career and professional counseling, and support services, has been successful in increasing the employment rates for veterans, veterans' spouses, and eligible participants.
(2)
The general assembly further finds, determines, and declares that the Colorado veterans' service-to-career pilot program should continue as a program whose goal is to assist veterans, spouses, and eligible participants in seeking, obtaining, and retaining employment.
Amended by 2023 Ch. 411,§ 1, eff. 8/7/2023.
Added by 2018 Ch. 242, § 2, eff. 7/1/2018.
L. 2018: Entire section added, (HB 18-1343), ch. 242, p. 1502, § 2, effective July 1.
2023 Ch. 411, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.3 - VETERANS EMPLOYMENT PROGRAMS (§§ 8-14.3-101 — 8-14.3-205) › Part 2 - COLORADO VETERANS' SERVICE-TO-CAREER PROGRAM (§§ 8-14.3-201 — 8-14.3-205) › Section 8-14.3-204 - Appropriation

The general assembly may annually appropriate money from the general fund created in section 24-75-201 to the department to be used for the program. The department may use up to five percent of any money appropriated by the general assembly for development and administrative costs incurred by the department pursuant to this section; except that this five-percent limitation does not apply to any contract the department enters into in connection with an evaluation of the program pursuant to section
8-14.3-203 (6)
. Up to eight percent of the money may also be used by the work force center for administrative costs incurred by the work force center and the nonprofit agency to implement and operate the program.
Amended by 2024 Ch. 442,§ 1, eff. 6/6/2024.
Amended by 2018 Ch. 242, § 5, eff. 7/1/2018.
Added by 2016 Ch. 187, § 1, eff. 8/10/2016.
L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, § 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1506, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.3 - VETERANS EMPLOYMENT PROGRAMS (§§ 8-14.3-101 — 8-14.3-205) › Part 2 - COLORADO VETERANS' SERVICE-TO-CAREER PROGRAM (§§ 8-14.3-201 — 8-14.3-205) › Section 8-14.3-205 - Repeal of part

This part 2 is repealed, effective September 1, 2027.
Amended by 2024 Ch. 442,§ 2, eff. 6/6/2024.
Amended by 2023 Ch. 411,§ 3, eff. 8/7/2023.
Amended by 2018 Ch. 242, § 6, eff. 7/1/2018.
Added by 2016 Ch. 187, § 1, eff. 8/10/2016.
L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, § 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1507, § 6, effective July 1.
2023 Ch. 411, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-101 - Definitions

As used in this article 14.4, unless the context otherwise requires:
(1)
"Agricultural employment" has the meaning set forth in section
8-13.5-201 (2)
.
(1.5)
"Department" means the department of labor and employment.
(2)
"Division" means the division of labor standards and statistics in the department.
(3)
"Principal" means:
(a)
An "employer" as set forth in the federal "Fair Labor Standards Act of 1938",
29 U.S.C. sec. 203 (d)
;
(b)
A foreign labor contractor and a migratory field labor contractor or crew leader;
(c)
The state of Colorado, local governments, and political subdivisions of the state as defined in section
1-7.5-103 (6)
;
(d)
An entity that contracts with five or more independent contractors in the state each year; and
(e)
A person or entity engaged in agricultural employment.
(4)
"Public health emergency" means:
(a)
A public health order issued by a state or local public health agency; or
(b)
A disaster emergency declared by the governor based on a public health concern.
(5)
"Worker" means:
(a)
An employee as defined in section
8-4-101 (5)
; or
(b)
A person who works for an entity that contracts with five or more independent contractors in the state each year.
Amended by 2021 Ch. 337, § 7, eff. 6/25/2021.
Added by 2020 Ch. 276, § 1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1351, p. 1351, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-102 - Prohibition against discrimination based on claims related to health and safety

(1)
A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, to the principal, the principal's agent, other workers, a government agency, or the public if the principal controls the workplace conditions giving rise to the threat or violation.
(2)
(a)
A principal shall not require or attempt to require a worker to sign a contract or other agreement that would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards or to otherwise abide by a workplace policy that would limit or prevent such disclosures.
(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.
(3)
A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker voluntarily wearing at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, if the personal protective equipment:
(a)
Provides a higher level of protection than the equipment provided by the principal;
(b)
Is recommended by a federal, state, or local public health agency with jurisdiction over the worker's workplace; and
(c)
Does not render the worker incapable of performing the worker's job or prevent a worker from fulfilling the duties of the worker's position.
(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 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.
(5)
This section does not apply to a worker who discloses information:
(a)
That the worker knows to be false; or
(b)
With reckless disregard for the truth or falsity of the information.
(6)
Nothing in this section authorizes a worker to share individual health information that is otherwise prohibited from disclosure under state or federal law.
Amended by 2022 Ch. 274,§1, eff. 5/31/2022.
Added by 2020 Ch. 276,§1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1352, p. 1352, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 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 in a conspicuous location on the principal's premises.
(2)
The division shall promulgate rules to establish the form of the notice required in subsection (1) of this section.
Added by 2020 Ch. 276,§ 1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1353, p. 1353, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-104 - Relief for aggrieved person

(1)
A person may seek relief for a violation of this article 14.4 by:
(a)
Filing a complaint with the division pursuant to section
8-14.4-105
; or
(b)
Bringing an action in district court pursuant to section
8-14.4-106
.
(2)
A person shall exhaust administrative remedies pursuant to section
8-14.4-105
prior to bringing an action in court.
Added by 2020 Ch. 276, § 1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1353, p. 1353, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-105 - Enforcement by the division - rules

(1)
(a)
Within two years after an alleged violation of this article 14.4, 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 with the division in any form, by mail or electronic mail;
(II)
The division may later require the aggrieved individual or whistleblower to complete the division's complaint form; and
(III)
The filing date is the date of the claimant's original filing, even if the division later requests additional information or completion of the division's complaint form.
(c)
After the division makes a complaint form publicly available, an aggrieved individual or whistleblower may file a complaint only by completing the required form.
(2)
The division shall either:
(a)
Investigate alleged principal violations of, or interference with rights or responsibilities under, this article 14.4 and complaints filed with the division by aggrieved individuals and whistleblowers; or
(b)
Authorize an aggrieved individual or whistleblower to proceed with an action in district court as provided in sections
8-14.4-106
and
8-14.4-107
. A person who receives authorization pursuant to this subsection (2)(b) is considered to have exhausted administrative remedies.
(3)
In an investigation of alleged principal retaliation or interference with worker rights, if an investigation yields a determination that:
(a)
A violation has occurred, the division may award reasonable attorney fees and impose fines pursuant to section
8-1-140 (2)
;
(b)
Rights of multiple workers have been violated, the violation as to each worker is a separate violation for purposes of fines, penalties, or other remedies; and
(c)
A worker was fired, voluntarily left employment, or experienced a reduction in pay due to a principal's violation, the determination may include an order to:
(I)
Reinstate or rehire the worker and pay the worker's back pay until reinstatement or rehiring; or
(II)
Pay the worker front pay for a reasonable period after the order, if reinstatement or rehiring is determined not to be feasible.
(4)
Determinations made by the division under this section are appealable pursuant to section
8-4-111.5
and rules promulgated by the department regarding appeals and strategic enforcement.
Added by 2020 Ch. 276, § 1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1353, p. 1353, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 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, 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 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 alleged to have been violated.
(c)
If the court finds that a violation has occurred, the court may enter a judgment against the principal of not less than one hundred dollars and not more than one thousand dollars for each violation, and for appropriate injunctive and equitable relief. The court shall award the whistleblower reasonable attorney fees. The attorney fees are not subject to the distribution specified in subsection (3) of this section.
(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; and
(b)
Twenty-five percent to the first whistleblower who filed the action.
(4)
The right to bring an action under this section shall not be impaired by any private contract. An action under this section shall be tried promptly, without regard to concurrent adjudication of private claims.
Added by 2020 Ch. 276, § 1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1356, p. 1356, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-108 - Rule-making

The division may promulgate rules necessary to implement this article 14.4.
Added by 2020 Ch. 276,§1, eff. 7/11/2020.
L. 2020: Entire article added, (HB 20-1415), ch. 1356, p. 1356, § 1, effective July 11.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR CONDITIONS (§§ 8-11-100.1 — 8-14.4-109) › Article 14.4 - WORKER RIGHTS RELATED TO A PUBLIC HEALTH EMERGENCY (§§ 8-14.4-101 — 8-14.4-109) › Section 8-14.4-109 - Agricultural employers - responsibilities during public health emergency - worker safety protections - definition

(1)
During a public health emergency, in addition to the other protections and rights afforded to workers, a principal engaged in agricultural employment shall:
(a)
(I)
Except as provided in subsection (1)(a)(II) of this section, provide each worker living in employer-provided housing with:
(A)
In a single-occupancy unit where the worker is housed alone, at least eighty square feet of combined sleeping and living quarters;
(B)
In multiple-occupancy housing, at least one hundred square feet of sleeping quarters per worker and one hundred twenty square feet of space per worker in areas used for combined purposes such as meal preparation and eating; and
(C)
In all housing, screened windows that open to the outside or living space that has an air filtration system.
(II)
A principal engaged in agricultural employment may, as an alternative to complying with subsection (1)(a)(I) of this section, comply with alternative protections applicable to housing identified in a public health order issued by the department.
(b)
Provide each worker actively engaged in the open-range production of livestock with:
(I)
A single occupancy mobile housing unit, regardless of any variances otherwise available pursuant to
20 CFR 655.235
; or
(II)
Alternative protections applicable to housing identified in a public health order issued by the department;
(c)
Allow the department to consult with the department of public health and environment in enforcing this section;
(d)
Provide training to workers concerning safety precautions and protections during a public health emergency; and
(e)
Provide informational and educational materials through posters and pamphlets written in English and Spanish and any other relevant languages in employer-provided housing, work sites, and other places where the principal usually posts information for the workers that:
(I)
Lists the contact information for the Migrant Farm Worker Division of Colorado Legal Services, or its successor organization, where a worker may receive free and confidential legal services; and
(II)
Informs the workers regarding federal and state guidance concerning a public health emergency.
(2)
As used in this section, "public health emergency" means a statewide public health emergency declared by executive order regarding COVID-19, the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2, or another communicable disease as defined in section
25-1.5-102(1)(a)(IV)
that is transmissible from person to person.
Amended by 2022 Ch. 373,§1, eff. 6/3/2022.
Added by 2021 Ch. 337,§8, eff. 6/25/2021.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WORKERS COMPENSATION COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Article 14.5 - COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Section 8-14.5-101 - Short title

This article shall be known and may be cited as the "Workers' Compensation Cost Containment Act".
L. 89: Entire article added, p. 376, § 1, effective July 1. L. 90: Entire section amended, p. 556, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WORKERS COMPENSATION COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Article 14.5 - COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Section 8-14.5-102 - Legislative declaration

The general assembly hereby finds and declares that any adjustments to premiums for workers' compensation insurance be granted on the basis of equity, rate adequacy, fairness, and insurer compliance with Colorado insurance rating laws. The general assembly further finds and declares that notwithstanding the granting of different rates to insureds for their experience modification, participation in return-to-work programs, and premium volume discounts not exceeding fifteen percent, any other premium adjustments should be principally weighted in a manner primarily encouraging the adoption and successful implementation by insureds of effective workplace safety programs mainly encompassing risk management and medical cost containment procedures.
L. 89: Entire article added, p. 376, § 1, effective July 1. L. 90: Entire section amended, p. 556, § 5, effective July 1. L. 93: Entire section amended, p. 2083, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WORKERS COMPENSATION COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Article 14.5 - COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Section 8-14.5-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Approved program" means a cost containment or risk management program approved by the board.
(2)
"Board" means the workers' compensation cost containment board established pursuant to section
8-14.5-104
.
(3)
"Certified program" means a cost containment or risk management program which has been implemented for a period of at least one year and certified by the board.
(3.5)
"Commissioner" means the insurance commissioner, appointed pursuant to section
10-1-104
, C.R.S.
(4)
"Department" means the department of labor and employment.
(5)
"Director" means the director of the division.
(6)
"Division" means the division of workers' compensation in the department of labor and employment.
(7)
"High risk employer" means any employer classified in the upper ten percent of the insurance rate schedule in the Colorado workers' compensation insurance system.
(8)
"Managed care" shall have the meaning set forth in section
8-42-101
(3.6)(p)(I)(B).
(9)
"Workplace safety program" means those programs offered by insurance carriers authorized to do business in this state for purposes of workers' compensation insurance policies and implemented by employers to promote cost containment and risk management of workplace safety hazards.
L. 89: Entire article added, p. 376, § 1, effective July 1. L. 90: (2) amended, p. 1836, § 4, effective May 31; (2) amended, p. 556, § 6, effective July 1. L. 93: (3) amended, p. 1723, § 1, effective June 6; (3.5) and (7) to (9) added, p. 2083, § 2, effective July 1.
Amendments to subsection (2) by House Bill 90-1160 and House Bill 90-1316 were harmonized.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › WORKERS COMPENSATION COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Article 14.5 - COST CONTAINMENT (§§ 8-14.5-101 — 8-14.5-110) › Section 8-14.5-104 - Creation of board

(1)
(a)
There is created in the division the workers' compensation cost containment board, to be composed of seven members as follows:
(I)
The commissioner of insurance;
(II)
The chief executive officer of Pinnacol Assurance; and
(III)
Five members appointed by the governor and confirmed by the senate. The appointed members of the board shall be chosen among the following:
(A)
Employers or their designated representatives engaged in businesses having workers' compensation insurance rates in the upper five percent of the rate schedule;
(B)
Actuaries or executives with risk management experience in the insurance industry; or
(C)
Employers who have demonstrated good risk management experience with respect to their workers' compensation insurance.
(b)
(I)
The appointed members of the board shall serve for terms of three years and may be reappointed; except that the terms shall be staggered so that no more than three members' terms expire the same year.
(II)
The chief executive officer of Pinnacol Assurance and the commissioner of insurance shall serve continuously.
(2)
Members of the board serve without compensation but are entitled to reimbursement for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of the board.
(3)
The board is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the department and the director of the division.
Amended by 2022 Ch. 469,§86, eff. 8/10/2022.
Amended by 2022 Ch. 2,§3, eff. 2/25/2022.
L. 89: Entire article added, p. 377, § 1, effective July 1. L. 90: (1) amended, p. 557, § 7, effective July 1. L. 2002: (1) and (3) amended, p. 1880, § 25, effective July 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).