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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0599.01 Josh Schultz x5486 HOUSE BILL 26-1054
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
CONCERNING WORKER SAFETY PROTECTIONS.101
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
HOUSE SPONSORSHIP
Rutinel and Velasco,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
and adequate protection to the lives, health, and safety of
all individuals employed or working in the workplace; and
! Comply with standards for workplace health and safety
adopted by rule by the division of labor standards and
statistics in the department of labor and employment
(division).
The bill authorizes the following actions to address workplace
health and safety concerns:
! The attorney general or the division may refer workplace
health and safety concerns to relevant state or local
authorities;
! The attorney general, the division, a labor organization, or
a person aggrieved by a violation of the bill may file a civil
action;
! For each violation of the bill or of rules adopted pursuant
to the bill, a court may order the person that violates the bill
or rules to pay statutory damages to a person aggrieved by
the violation; and
! A court may order a person that violates the bill or rules
adopted pursuant to the bill to pay a penalty to the attorney
general for each violation.
The bill creates the workplace health and safety fund (fund) into
which penalties collected pursuant to the bill are credited. The money in
the fund may be used by the division for specified purposes.
The bill authorizes the division to adopt rules:
!To replace any requirement of the OSH Act or the "Federal
Mine Safety and Health Act of 1977" that is repealed,
revoked, or amended in any manner that results in the
federal protections of workers' rights or worker safety
becoming less stringent;
! To define standards for workplace health and safety if there
is no standard in effect under the OSH Act; and
! As necessary to implement the bill.
Sections 2 through 8 make conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 2 to article2
14.4 of title 8 as follows:3
PART 24
WORKPLACE HEALTH AND SAFETY5
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8-14.4-201. Definitions.1
AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE2
REQUIRES:3
(1) "DIVISION" MEANS THE DIVISION OF LABOR STANDARDS AND4
STATISTICS IN THE DEPARTMENT.5
(2) (a) "E MPLOYER" HAS THE MEANING SET FORTH IN SECTION6
8-4-101 (6).7
(b) "EMPLOYER" DOES NOT INCLUDE THE FEDERAL GOVERNMENT.8
(3) "FUND" MEANS THE WORKPLACE HEALTH AND SAFETY FUND9
CREATED IN SECTION 8-14.4-204.10
(4) (a) "LABOR ORGANIZATION" MEANS ANY ORGANIZATION THAT11
EXISTS FOR THE PURPOSE , IN WHOLE OR IN PART , OF COLLECTIVE12
BARGAINING; OF DEALING WITH EMPLOYERS CONCERNING GRIEVANCES ,13
TERMS, OR CONDITIONS OF EMPLOYMENT; OR OF OTHER MUTUAL AID OR14
PROTECTION IN CONNECTION WITH EMPLOYMENT.15
(b) "L ABOR ORGANIZATION " INCLUDES COMMUNITY -BASED,16
NONPROFIT, MEMBERSHIP -BASED ORGANIZATIONS DEDICATED TO17
SUPPORTING WORKERS , ASSISTING WORKERS WITH MUTUAL AID OR18
PROTECTION IN CONNECTION WITH EMPLOYMENT , ENCOURAGING19
COLLECTIVE ACTION, OR EMPOWERING VULNERABLE WORKERS.20
(5) "OSH ACT" MEANS THE FEDERAL "OCCUPATIONAL SAFETY21
AND HEALTH ACT OF 1970", 29 U.S.C. SEC. 651 ET SEQ.22
(6) "STRINGENT" MEANS A LAW, RULE, OR STANDARD'S OVERALL23
EFFECTIVENESS IN PROTECTING THE RIGHTS AND SAFETY OF WORKERS. A24
LAW, RULE, OR STANDARD IS CONSIDERED TO BE MORE STRINGENT IF IT25
IMPOSES A SAFETY REQUIREMENT OR OBLIGATION ON EMPLOYERS THAT IS26
STRICTER OR MORE DEMANDING T HAN WHAT IS OTHERWISE IMPOSED BY27
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LAW OR IF IT PROVIDES FOR GREATER RIGHTS , BENEFITS, REMEDIES, OR1
PROCEDURES FOR WORKERS THAN WHAT IS OTHERWISE PROVIDED BY LAW.2
(7) "W ORKPLACE" MEANS ANY PLACE WHERE AN EMPLOYER3
REQUIRES A WORKER TO PERFORM TASKS , JOBS , OR PROJECTS FOR4
COMPENSATION.5
8-14.4-202. General duty to maintain a safe workplace.6
(1) AN EMPLOYER SHALL ENSURE THE EMPLOYER'S WORKPLACE IS7
FREE FROM RECOGNIZED HAZARDS, WHICH DUTY SHALL BE INTERPRETED8
CONSISTENT WITH THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH9
ADMINISTRATION'S INTERPRETATION OF THE GENERAL DUTY CLAUSE OF10
THE OSH ACT, 29 U.S.C. SEC. 654 (a)(1), AS OF SEPTEMBER 1, 2025.11
(2) AN EMPLOYER HAS THE GENERAL DUTY TO:12
(a) ENSURE THAT EACH WORKPLACE IS CONSTRUCTED, EQUIPPED,13
ARRANGED, OPERATED, AND CONDUCTED IN A MANNER AS TO PROVIDE14
REASONABLE AND ADEQUATE PROTECTION TO THE LIVES , HEALTH, AND15
SAFETY OF ALL INDIVIDUALS EMPLOYED OR WORKING IN THE WORKPLACE;16
AND17
(b) C OMPLY WITH STANDARDS FOR WORKPLACE HEALTH AND18
SAFETY THAT THE DIVISION ADOPTS BY RULE PURSUANT TO THIS PART 2.19
8-14.4-203. Enforcement - referral to state or local authorities20
- statutory damages - civil action - injunction - withdrawal from21
dangerous workplace.22
(1) T HE ATTORNEY GENERAL OR THE DIVISION MAY REFER23
WORKPLACE HEALTH AND SAFETY CONCERNS TO RELEVANT STATE OR24
LOCAL AUTHORITIES , INCLUDING THOSE CHARGED WITH ENFORCING25
BUILDING CODES, SANITATION, FIRE RISK PREVENTION, AND INDUSTRIAL26
HAZARD PREVENTION.27
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(2) (a) T HE ATTORNEY GENERAL , THE DIVISION , A LABOR1
ORGANIZATION, OR A PERSON AGGRIEVED BY A VIOLATION OF THIS PART2
2 MAY FILE A CIVIL ACTION AGAINST A PERSON THAT VIOLATES THIS PART3
2 FOR ALL AVAILABLE EQUITABLE RELIEF, INCLUDING THE PREVENTION OF4
UNJUST ENRICHMENT ; INJUNCTION ; THE DETERRENCE OF THE USE OF5
DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES; AND THE PREVENTION6
OF FURTHER WORK IN OR OCCUPANCY OF A DANGEROUS WORKPLACE.7
(b) AN ACTION BROUGHT BY AN AGGRIEVED PERSON PURSUANT TO8
THIS SECTION MAY BE BROUGHT BY ONE OR MORE WORKERS ON BEHALF OF9
THEMSELVES OR OTHER WORKERS SIMILARLY SITUATED.10
(c) IF A COURT IMPOSES AN INJUNCTION OR A STOP WORK ORDER11
LIMITING WORK OR PROHIBITING THE USE OF DANGEROUS MACHINERY ,12
EQUIPMENT, OR DEVICES OR AN INJUNCTION OR A STOP WORK ORDER FOR13
A DANGEROUS WORKPLACE, THE EMPLOYER MUST EITHER:14
(I) R EASSIGN WORKERS TO WORK THAT DOES NOT INVOLVE15
DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES AND THAT DOES NOT16
OCCUR IN THE DANGEROUS WORKPLACE; OR17
(II) PAY WORKERS AT THEIR REGULAR RATE OF PAY FOR AT LEAST18
THE FIRST TEN REGULAR WORKING DAYS IF THEY ARE UNABLE TO WORK19
DUE TO THE INJUNCTION OR STOP WORK ORDER.20
(d) T HE COURT MAY AWARD A PERSON FOUND TO HAVE BEEN21
AGGRIEVED BY A VIOLATION OF THIS PART 2 STATUTORY DAMAGES IN AN22
AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION ,23
EXCEPT IF THE EMPLOYER:24
(I) R EPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED25
PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE STATUTORY26
DAMAGES FOR THE SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION27
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MUST NOT EXCEED TEN THOUSAND DOLLARS; OR1
(II) W ILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED2
PURSUANT TO SECTION 8-14.4-205 OR DEMONSTRATES PLAIN3
INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION4
8-14.4-205, IN WHICH CASE THE STATUTORY DAMAGES FOR EACH5
VIOLATION MUST NOT EXCEED SEVENTY THOUSAND DOLLARS PER6
VIOLATION.7
(e) IN ADDITION TO OTHER RELIEF AUTHORIZED BY THIS SECTION,8
THE COURT MAY ORDER A PERSON THAT VIOLATES THIS SECTION TO PAY9
A PENALTY FOR EACH VIOLATION OF THIS PART 2 OR RULES ADOPTED10
PURSUANT TO SECTION 8-14.4-205. PENALTIES IMPOSED PURSUANT TO11
THIS SUBSECTION (2)(e) SHALL BE CREDITED TO THE WORKPLACE HEALTH12
AND SAFETY FUND CREATED IN SECTION 8-14.4-204. THE PENALTIES MUST13
NOT EXCEED ONE THOUSAND DOLLARS PER VIOLATION , EXCEPT IF THE14
EMPLOYER:15
(I) R EPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED16
PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE PENALTY FOR THE17
SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION MUST NOT EXCEED18
TEN THOUSAND DOLLARS; OR19
(II) W ILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED20
PURSUANT TO SECTION 8-14.4-205 OR DEMONSTRATES PLAIN21
INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION22
8-14.4-205, IN WHICH CASE THE PENALTY FOR EACH VIOLATION SHALL NOT23
EXCEED SEVENTY THOUSAND DOLLARS.24
(f) A COURT MAY AWARD THE ATTORNEY GENERAL, THE DIVISION,25
A LABOR ORGANIZATION, OR A PERSON FOUND TO HAVE BEEN AGGRIEVED26
BY A VIOLATION OF THIS PART 2 REASONABLE COSTS AND ATTORNEY FEES27
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INCURRED.1
(g) E ACH DAY A VIOLATION OF THIS PART 2 CONTINUES2
CONSTITUTES A SEPARATE AND DISTINCT OFFENSE, AND EMPLOYMENT OF3
ANY WORKER IN VIOLATION OF THIS PART 2 CONSTITUTES, WITH RESPECT4
TO EACH WORKER EMPLOYED, A SEPARATE AND DISTINCT OFFENSE.5
(h) T HIS PART 2 SHALL NOT BE CONSTRUED TO REPLACE THE6
"WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF7
THIS TITLE 8, AS THE APPROPRIATE MECHANISM FOR ADDRESSING8
JOB-RELATED INJURIES.9
8-14.4-204. The workplace health and safety fund - created -10
permissible uses.11
(1) THE STATE TREASURER SHALL CREDIT PENALTIES COLLECTED12
FOR THE STATE PURSUANT TO THIS PART 2 TO THE WORKPLACE HEALTH13
AND SAFETY FUND , WHICH FUND IS CREATED . THE MONEY IN THE FUND14
MAY BE USED BY THE DIVISION TO COVER DIRECT AND INDIRECT COSTS15
ASSOCIATED WITH:16
(a) ENFORCEMENT ACTIVITIES AUTHORIZED IN THIS SECTION;17
(b) C REATING, DISTRIBUTING , SHARING , AND PUBLICIZING18
MATERIALS DESIGNED TO EDUCATE WORKERS AND EMPLOYERS ABOUT19
THEIR OBLIGATIONS UNDER THE OSH ACT, THIS PART 2, AND RELATED20
REGULATIONS AND POLICY; AND21
(c) RULE-MAKING CONDUCTED PURSUANT TO SECTION 8-14.4-205.22
(2) (a) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO23
THE DIVISION FOR USE IN IMPLEMENTING THE PURPOSES SET FORTH IN24
SUBSECTION (1) OF THIS SECTION.25
(b) THE STATE TREASURER MAY INVEST ANY MONEY IN THE FUND26
NOT EXPENDED FOR THE PURPOSE OF THIS PART 2 AS PROVIDED BY LAW.27
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THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED1
FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND TO THE2
FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE3
FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND SHALL4
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER5
FUND.6
(3) T HE LIMITATIONS SPECIFIED IN SECTION 24-75-402 DO NOT7
APPLY TO THE FUND.8
8-14.4-205. Rules.9
(1) IF, AT ANY TIME AFTER SEPTEMBER 1, 2025, ANY REQUIREMENT10
OF THE OSH ACT OR THE "FEDERAL MINE SAFETY AND HEALTH ACT OF11
1977", 30 U.S.C. SEC. 801 ET SEQ., IS REPEALED, REVOKED, OR AMENDED12
IN ANY MANNER THAT RESULTS IN THE FEDERAL PROTECTIONS OF13
WORKERS' RIGHTS OR WORKER SAFETY BECOMING LESS STRINGENT, OR IF14
AN OSH ACT SAFETY STANDARD , OR RULES ADOPTED THEREUNDER , IS15
REPEALED OR REVOKED , THE DIVISION MAY , AS SOON AS PRACTICAL ,16
ADOPT RULES ESTABLISHING A STATE STANDARD THAT IS AS OR MORE17
STRINGENT FOR EMPLOYERS IN THE STATE AS THE FEDERAL OCCUPATIONAL18
HEALTH OR SAFETY STANDARD BEING AMENDED, REPEALED, OR REVOKED19
AS A MINIMUM STANDARD FOR EMPLOYERS IN THIS STATE.20
(2) THE DIVISION MAY ADOPT RULES TO DEFINE STANDARDS FOR21
WORKPLACE HEALTH AND SAFETY IF THERE IS NO STANDARD IN EFFECT22
UNDER SECTION 6 OF THE OSH ACT.23
(3) ANY STANDARD ADOPTED PURSUANT TO SUBSECTION (1) OR (2)24
OF THIS SECTION MAY BE ENFORCED THROUGH SECTION 8-14.4-203.25
(4) THE DIVISION MAY ADOPT RULES AS NECESSARY TO IMPLEMENT26
THIS PART 2.27
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SECTION 2. In Colorado Revised Statutes, 8-14.4-101, amend1
the introductory portion as follows:2
8-14.4-101. Definitions.3
As used in this article 14.4 PART 1, unless the context otherwise4
requires:5
SECTION 3. In Colorado Revised Statutes, 8-14.4-102, amend6
(2)(b) and (4) as follows:7
8-14.4-102. Prohibition against discrimination based on claims8
related to health and safety.9
(2) (b) A contract or agreement that violates subsection (2)(a) of10
this section is void and unenforceable as contrary to the public policy of11
this state. A principal's attempt to impose such a contract or agreement is12
an adverse action in violation of this article 14.4 PART 1.13
(4) A principal shall not discriminate, take adverse action, or14
retaliate against a worker based on the worker opposing any practice the15
worker reasonably believes is unlawful under this article 14.4 PART 1 or16
for making a charge, testifying, assisting, or participating in any manner17
in an investigation, proceeding, or hearing as to any matter the worker18
reasonably believes to be unlawful under this article 14.4 PART 1.19
SECTION 4. In Colorado Revised Statutes, 8-14.4-103, amend20
(1) as follows:21
8-14.4-103. Principal post notice of rights - rules.22
(1) A principal shall post notice of a worker's rights under this23
article 14.4 PART 1 in a conspicuous location on the principal's premises.24
SECTION 5. In Colorado Revised Statutes, 8-14.4-104, amend25
(1) introductory portion as follows:26
8-14.4-104. Relief for aggrieved person.27
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(1) A person may seek relief for a violation of this article 14.41
PART 1 by:2
SECTION 6. In Colorado Revised Statutes, 8-14.4-105, amend3
(1)(a), (1)(b)(I), and (2)(a) as follows:4
8-14.4-105. Enforcement by the division - rules.5
(1) (a) Within two years after an alleged violation of this article6
14.4 PART 1, an aggrieved individual or whistleblower may file a7
complaint against a principal with the division as specified in this8
subsection (1).9
(b) Until th e date the division makes a complaint form publicly10
available:11
(I) An aggrieved individual or whistleblower may file a complaint12
of a violation of this article 14.4 PART 1 with the division in any form, by13
mail or electronic mail;14
(2) The division shall either:15
(a) Investigate alleged principal violations of, or interference with16
rights or responsibilities under, this article 14.4 PART 1 and complaints17
filed with the division by aggrieved individuals and whistleblowers; or18
SECTION 7. In Colorado Revised Statutes, 8-14.4-106, amend19
(1), (2) introductory portion, (3)(a), (3)(b), and (4) as follows:20
8-14.4-106. Relief authorized.21
(1) An aggrieved individual may, within ninety days after22
exhausting administrative remedies pursuant to section 8-14.4-105,23
commence an action in district court against a principal for a violation of24
this article 14.4 PART 1.25
(2) A court may order affirmative relief that the court determines26
to be appropriate, including the following relief, against a respondent who27
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is found to have engaged in a discriminatory, adverse, or retaliatory1
employment practice prohibited by this article 14.4 PART 1:2
(3) (a) In addition to the relief available pursuant to subsection (2)3
of this section, in a civil action brought by a plaintiff under this article4
14.4 PART 1 against a defendant who is found to have engaged in an5
intentional discriminatory, adverse, or retaliatory employment practice,6
the plaintiff may recover compensatory and punitive damages as specified7
in this subsection (3).8
(b) A plaintiff may recover punitive damages against a defendant9
if the plaintiff demonstrates by clear and convincing evidence that the10
defendant engaged in a discriminatory, adverse, or retaliatory11
employment practice with malice or reckless indifference to the rights of12
the plaintiff. However, if the defendant demonstrates good faith efforts13
to comply with this article 14.4 PART 1 and to prevent discriminatory,14
adverse, and retaliatory employment practices in the workplace, the court15
shall not award punitive damages against the defendant.16
(4) If a plaintiff in a civil action filed under this article 14.4 PART17
1 seeks compensatory or punitive damages pursuant to subsection (3) of18
this section, any party to the civil action may demand a trial by jury.19
SECTION 8. In Colorado Revised Statutes, 8-14.4-107, amend20
(1), (2)(a), (2)(b), and (3)(a) as follows:21
8-14.4-107. Whistleblower enforcement - qui tam - definition.22
(1) As used in this section, "whistleblower" means a worker with23
knowledge of an alleged violation of this article 14.4 PART 1 or the24
worker's representative.25
(2) (a) A whistleblower who has exhausted the administrative26
remedies pursuant to section 8-14.4-105 may bring a civil action against27
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a principal for a violation of this article 14.4 PART 1 on behalf of the state1
in district court pursuant to this section. The state may intervene in the2
action to prosecute in its own name.3
(b) At the time that the action is filed, the whistleblower shall give4
written notice to the division of the specific provisions of this article 14.45
PART 1 alleged to have been violated.6
(3) The proceeds of any judgment entered pursuant to this section7
shall be distributed as follows:8
(a) Seventy-five percent to the division for enforcement of this9
article 14.4 PART 1; and10
SECTION 9. Applicability. This act applies to conduct occurring11
on or after the effective date of this act.12
SECTION 10. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
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