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Colorado protects workers who raise COVID-19 concerns

08/06/20

Author: ADP Admin/Tuesday, August 4, 2020/Categories: Compliance Corner , State Compliance Update, Colorado

Colorado has enacted legislation (House Bill 20-1415) that prohibits employers from taking adverse action against a worker who raises safety or health concerns related to a public health emergency or who voluntarily wears their own personal protective equipment (PPE). House Bill 20-1415 is effective immediately.

Coverage:

The law covers all Colorado employers and employees.

Anti-Retaliation:

Employers are prohibited from taking adverse action against a worker who in good faith raises a reasonable concern to the employer, a government agency, or the public about workplace violations of health and safety rules or a significant workplace threat related to a public health emergency.

Exceptions:

Workers aren't protected if they disclose information they know to be false or with reckless disregard of whether the information is true or false. The law also doesn't authorize a worker to share individual health information that is otherwise prohibited from disclosure under federal or state law.

PPE:

The law also prohibits employers from taking adverse action against a worker who voluntarily wears their own PPE, such as a mask, faceguard, or gloves, if it:

  • Provides a higher level of protection than the equipment provided by the employer;
  • Is recommended by a federal, state, or local public health agency with jurisdiction over the workplace; and
  • Doesn't render the worker incapable of performing their job or prevent them from fulfilling their duties.

Other Protections:

Employers are also prohibited from taking adverse action against a worker who:

  • Opposes any practice they reasonably believe to be unlawful under the law.
  • Files a complaint, testifies, assists, or participates in an investigation, proceeding, or hearing regarding a matter the worker reasonably believes to be unlawful under the law.

Employer Notice:

Employers must post a notice of workers' rights under the law. The notice is available in English and Spanish.

Compliance Recommendations:

Colorado employers should review policies, practices, and supervisor training to ensure compliance with House Bill 20-1415. Please contact your dedicated service professional with any questions.

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Tags: 08/06/20

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