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.