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