The COVID Project
The record
- Jurisdiction
- Colorado
- Level
- State
- Authority
- Colo. Const. art. V; enacted as C.R.S. title 8, art. 14.4
- Issued
- 2020-07-11 July 11, 2020
- Effective
- 2020-07-11 (signed and effective; safety clause) (read as 2020-07-11)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 11, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (every 'principal', including those engaging independent contractors)
- Character
- workplace duty
- Collection
- Standing duties: Colorado DUT-CO
Operative words
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, related to a public health emergency
Penalty
Administrative complaint to the Division of Labor Standards and Statistics and private civil action with reinstatement, back pay and other relief (art. 14.4; see Ex. DUT-CO-019 § 2 for the Division's enforcement authority under §§ 8-14.4-103, -105, -108)
What it required
From July 11, 2020 every Colorado employer ('principal') was forbidden to retaliate against a worker who raised a concern about workplace violations of government health or safety rules or other significant pandemic-related threats, was forbidden to require agreements silencing such disclosures, and was required to allow workers to wear their own more-protective personal protective equipment recommended by a public health agency.
Retrieval noteQuotation is § 8-14.4-102(1) as enrolled (the act prints new statutory text in capitals; capitalization normalized here, words unchanged); the sentence continues '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.' § 8-14.4-102(3) (words verbatim from the act): a principal shall allow a worker to voluntarily wear 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.' § 8-14.4-102(2)(a) forbids agreements that 'would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards related to a public health emergency'. Signed July 11, 2020; effective on signature (leg.colorado.gov bill page: 'Effective Date: July 11, 2020', Session Laws ch. 276). The Division's rulemaking statement of Sept. 25, 2020 (Ex. DUT-CO-019) records the effective date.