Workplace safety rules in Colorado are largely set and enforced by the federal government, but a newly introduced bill would significantly expand the state’s role. This week, we’re watching House Bill 1054, which would create a new state enforcement system for workplace health and safety violations.
Under current law, the federal Occupational Safety and Health Administration (OSHA) is responsible for enforcing workplace safety standards for most private employers in Colorado. HB 1054 would add a second enforcement system at the state level. The bill would allow workers, whistleblowers, labor organizations, the attorney general and the Division of Labor Standards and Statistics to file workplace safety complaints. It would also allow lawsuits to be brought against employers and authorize courts to impose financial penalties and damages. Penalties collected under the bill would be deposited into a newly created Workplace Health and Safety Fund.
The bill would also give state lawmakers the authority to create new workplace safety rules or replace federal standards if they believe worker protections have been weakened at the federal level. As a result, employers could be subject to additional or different requirements beyond existing federal rules.
The Colorado Chamber’s Labor and Employment Council took an opposed position on the bill due to concerns that it creates a duplicative and overcomplicated system layered on top of existing federal oversight. Creating a separate state enforcement process could create conflicting legal standards, expand employer liability and establish a separate penalty structure that may conflict with federal law. Additionally, many of the worker protections and enforcement tools outlined in the bill already exist under federal law.
The legislation would increase costs for businesses statewide, expose employers to greater litigation risk and create uncertainty about how state and federal enforcement would interact, without meaningfully improving workplace safety outcomes.
HB 1054 is scheduled to be heard in the House Business Affairs and Labor Committee on Thursday, February 26.