HB 1054

                            Second Regular Session
                         Seventy-fifth General Assembly
                           STATE OF COLORADO
                                                                                      REVISED
                                                    This Version Includes All Amendments Adopted
                                                           on Second Reading in the Second House
LLS NO. 26-0599.01 Josh Schultz x5486  HOUSE BILL 26-1054
                             HOUSE SPONSORSHIP
 Rutinel and Velasco, Bacon, Brown, Camacho, Clifford, Duran, Froelich, Jackson, Joseph,
 Lieder, Lindsay, Mabrey, McCormick, Nguyen, Phillips, Sirota, Smith, Titone, Woodrow,
 Zokaie
                            SENATE SPONSORSHIP
 Wallace,
House Committees  Senate Committees
Business Affairs & Labor  State, Veterans, & Military Affairs
Appropriations  Appropriations
                                                                                                      Amended 2nd Reading
                                     A BILL FOR AN ACT
                                                                                                          May 8, 2026
101      CONCERNING WORKER SAFETY PROTECTIONS.
                                                                                                           SENATE
                                           Bill Summary
              (Note: This summary applies to this bill as introduced and does
      not reflect any amendments that may be subsequently adopted. If this bill
      passes third reading in the house of introduction, a bill summary that
                                                                                                              3rd Reading Unamended
      applies to the reengrossed version of this bill will be available at
      http://leg.colorado.gov.)  May 5, 2026
                                                                                                      HOUSE
              Section 1 of the bill requires an employer to ensure the employer's
      workplace is free from recognized hazards, as interpreted consistent with
      the federal occupational safety and health administration's interpretation
      of the general duty clause of the "Occupational Safety and Health Act of
      1970" (OSH Act) as of September 1, 2025. Additionally, employers have
      the general duty to:
                                                                                                      Amended 2nd Reading
              !     Ensure that each workplace is constructed, equipped,
                                                                                                           May 4, 2026
                                                                                                             HOUSE
                    arranged, operated, and conducted as to provide reasonable
            Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
        Capital letters or bold & italic numbers indicate new material to be added to existing law.
              Dashes through the words or numbers indicate deletions from existing law.
             and adequate protection to the lives, health, and safety of
             all individuals employed or working in the workplace; and
      !      Comply with standards for workplace health and safety
             adopted by rule by the division of labor standards and
             statistics in the department of labor and employment
             (division).
      The bill authorizes the following actions to address workplace
    health and safety concerns:
      !      The attorney general or the division may refer workplace
             health and safety concerns to relevant state or local
             authorities;
      !      The attorney general, the division, a labor organization, or
             a person aggrieved by a violation of the bill may file a civil
             action;
      !      For each violation of the bill or of rules adopted pursuant
             to the bill, a court may order the person that violates the bill
             or rules to pay statutory damages to a person aggrieved by
             the violation; and
      !      A court may order a person that violates the bill or rules
             adopted pursuant to the bill to pay a penalty to the attorney
             general for each violation.
      The bill creates the workplace health and safety fund (fund) into
    which penalties collected pursuant to the bill are credited. The money in
    the fund may be used by the division for specified purposes.
      The bill authorizes the division to adopt rules:
      !      To replace any requirement of the OSH Act or the "Federal
             Mine Safety and Health Act of 1977" that is repealed,
             revoked, or amended in any manner that results in the
             federal protections of workers' rights or worker safety
             becoming less stringent;
      !      To define standards for workplace health and safety if there
             is no standard in effect under the OSH Act; and
      !      As necessary to implement the bill.
      Sections 2 through 8 make conforming amendments.
1 Be it enacted by the General Assembly of the State of Colorado:
2SECTION 1. In Colorado Revised Statutes, add part 2 to article
3 14.4 of title 8 as follows:
4PART 2
5WORKPLACE HEALTH AND SAFETY
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18-14.4-201. Short title.
2THE SHORT TITLE OF THIS PART 2 IS THE "COLORADO WORKER
3 SAFETY ACT".
48-14.4-202. Definitions.
5AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE
6 REQUIRES:
7
8(1) (a) "EMPLOYER" HAS THE MEANING SET FORTH IN SECTION
9 8-4-101 (6).
10(b) "EMPLOYER" DOES NOT INCLUDE:
11(I) THE FEDERAL GOVERNMENT;
12(II) A PUBLIC ENTITY, AS DEFINED IN SECTION 24-10-103 (5); OR
13(III) THE STATE, AS DEFINED IN SECTION 24-10-103 (7).
14(2)        "LABOR   ORGANIZATION"   MEANS    AN    EXCLUSIVE
15 REPRESENTATIVE, AS DEFINED IN SECTION 8-3.3-102 (13).
16(3) "OSH ACT" MEANS THE FEDERAL "OCCUPATIONAL SAFETY
17 AND HEALTH ACT OF 1970", 29 U.S.C. SEC. 651 ET SEQ.
18(4) "STRINGENT" MEANS A LAW, RULE, OR STANDARD'S OVERALL
19 EFFECTIVENESS IN PROTECTING THE RIGHTS AND SAFETY OF WORKERS. A
20 LAW, RULE, OR STANDARD IS CONSIDERED TO BE MORE STRINGENT IF IT
21 IMPOSES A SAFETY REQUIREMENT OR OBLIGATION ON EMPLOYERS THAT IS
22 STRICTER OR MORE DEMANDING THAN WHAT IS OTHERWISE IMPOSED BY
23 LAW OR IF IT PROVIDES FOR GREATER RIGHTS, BENEFITS, REMEDIES, OR
24 PROCEDURES FOR WORKERS THAN WHAT IS OTHERWISE PROVIDED BY LAW.
25(5)      "WORKER ORGANIZATION" MEANS A COMMUNITY-BASED
26 NONPROFIT OR MEMBERSHIP-BASED ORGANIZATION DEDICATED TO
27 SUPPORTING WORKERS, ASSISTING WORKERS WITH MUTUAL AID OR
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1 PROTECTION IN CONNECTION WITH WORK, OR EMPOWERING VULNERABLE
2 WORKERS.
3(6) "WORKPLACE" MEANS ANY PLACE WHERE AN EMPLOYER
4 REQUIRES A WORKER TO PERFORM TASKS, JOBS, OR PROJECTS FOR
5 COMPENSATION.
68-14.4-203. General duty to maintain a safe workplace.
7(1) AN EMPLOYER SHALL ENSURE THE EMPLOYER'S WORKPLACE IS
8 FREE FROM RECOGNIZED HAZARDS, WHICH DUTY SHALL BE INTERPRETED
9 CONSISTENT WITH THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH
10 ADMINISTRATION'S INTERPRETATION OF THE GENERAL DUTY CLAUSE OF
11 THE OSH ACT, 29 U.S.C. SEC. 654 (a)(1), AS OF SEPTEMBER 1, 2025.
12(2) AN EMPLOYER HAS THE GENERAL DUTY TO:
13(a) ENSURE THAT EACH WORKPLACE IS CONSTRUCTED, EQUIPPED,
14 ARRANGED, OPERATED, AND CONDUCTED IN A MANNER AS TO PROVIDE
15 REASONABLE AND ADEQUATE PROTECTION TO THE LIVES, HEALTH, AND
16 SAFETY OF ALL INDIVIDUALS EMPLOYED OR WORKING IN THE WORKPLACE;
17 AND
18(b) COMPLY WITH STANDARDS FOR WORKPLACE HEALTH AND
19 SAFETY THAT THE ATTORNEY GENERAL ADOPTS BY RULE PURSUANT TO
20 THIS PART 2.
218-14.4-204. Enforcement - referral to state or local authorities
22 - statutory damages - civil action - injunction - withdrawal from
23 dangerous workplace.
24(1) THE ATTORNEY GENERAL  MAY REFER WORKPLACE HEALTH
25 AND SAFETY CONCERNS TO RELEVANT STATE OR LOCAL AUTHORITIES,
26 INCLUDING THOSE CHARGED WITH ENFORCING BUILDING CODES,
27 SANITATION,    FIRE   RISK   PREVENTION,   AND   INDUSTRIAL   HAZARD
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1 PREVENTION.
2(2) (a) THE ATTORNEY GENERAL,      A LABOR ORGANIZATION, A
3 WORKER ORGANIZATION, OR A PERSON AGGRIEVED BY A VIOLATION OF
4 THIS PART 2 MAY FILE A CIVIL ACTION AGAINST AN EMPLOYER THAT
5 VIOLATES THIS PART 2 FOR ALL AVAILABLE EQUITABLE RELIEF, INCLUDING
6 THE PREVENTION OF UNJUST ENRICHMENT; INJUNCTION; THE DETERRENCE
7 OF THE USE OF DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES; AND
8 THE PREVENTION OF FURTHER WORK IN OR OCCUPANCY OF A DANGEROUS
9 WORKPLACE.
10(b) AN ACTION BROUGHT BY AN AGGRIEVED PERSON PURSUANT TO
11 THIS SECTION MAY BE BROUGHT BY ONE OR MORE WORKERS ON BEHALF OF
12 THEMSELVES OR OTHER WORKERS SIMILARLY SITUATED.
13(c) IF A COURT IMPOSES AN INJUNCTION OR A STOP WORK ORDER
14 LIMITING WORK OR PROHIBITING THE USE OF DANGEROUS MACHINERY,
15 EQUIPMENT, OR DEVICES OR AN INJUNCTION OR A STOP WORK ORDER FOR
16 A DANGEROUS WORKPLACE, THE EMPLOYER MUST EITHER:
17(I) REASSIGN WORKERS TO WORK THAT DOES NOT INVOLVE
18 DANGEROUS MACHINERY, EQUIPMENT, OR DEVICES AND THAT DOES NOT
19 OCCUR IN THE DANGEROUS WORKPLACE; OR
20(II) PAY WORKERS AT THEIR REGULAR RATE OF PAY FOR AT LEAST
21 THE FIRST TEN REGULAR WORKING DAYS IF THEY ARE UNABLE TO WORK
22 DUE TO THE INJUNCTION OR STOP WORK ORDER.
23(d) THE COURT MAY AWARD A PERSON FOUND TO HAVE BEEN
24 AGGRIEVED BY A VIOLATION OF THIS PART 2 STATUTORY DAMAGES IN AN
25 AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION,
26 EXCEPT IF THE EMPLOYER:
27(I) REPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED
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1 PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE STATUTORY
2 DAMAGES FOR THE SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION
3 MUST NOT EXCEED TEN THOUSAND DOLLARS; OR
4(II)   WILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED
5 PURSUANT     TO   SECTION   8-14.4-205   OR   DEMONSTRATES   PLAIN
6 INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION
7 8-14.4-205, IN WHICH CASE THE STATUTORY DAMAGES FOR EACH
8 VIOLATION MUST NOT EXCEED SEVENTY THOUSAND DOLLARS PER
9 VIOLATION.
10(e) IN ADDITION TO OTHER RELIEF AUTHORIZED BY THIS SECTION,
11 THE COURT MAY ORDER AN EMPLOYER THAT VIOLATES THIS SECTION TO
12 PAY A PENALTY FOR EACH VIOLATION OF THIS PART 2 OR RULES ADOPTED
13 PURSUANT TO SECTION 8-14.4-205. PENALTIES IMPOSED PURSUANT TO
14 THIS SUBSECTION (2)(e) SHALL BE CREDITED TO THE WORKPLACE HEALTH
15 AND SAFETY FUND CREATED IN SECTION 24-31-108 (7)(a). THE PENALTIES
16 MUST NOT EXCEED ONE THOUSAND DOLLARS PER VIOLATION, EXCEPT IF
17 THE EMPLOYER:
18(I) REPEATEDLY VIOLATES THIS PART 2 OR RULES ADOPTED
19 PURSUANT TO SECTION 8-14.4-205, IN WHICH CASE THE PENALTY FOR THE
20 SECOND VIOLATION OR ANY SUBSEQUENT VIOLATION MUST NOT EXCEED
21 TEN THOUSAND DOLLARS; OR
22(II)   WILLFULLY VIOLATES THIS PART 2 OR RULES ADOPTED
23 PURSUANT     TO   SECTION   8-14.4-205   OR   DEMONSTRATES   PLAIN
24 INDIFFERENCE TO THIS PART 2 OR RULES ADOPTED PURSUANT TO SECTION
25 8-14.4-205, IN WHICH CASE THE PENALTY FOR EACH VIOLATION SHALL NOT
26 EXCEED SEVENTY THOUSAND DOLLARS.
27(f) A COURT MAY AWARD THE ATTORNEY GENERAL,  A LABOR
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1 ORGANIZATION, A WORKER ORGANIZATION, OR A PERSON FOUND TO HAVE
2 BEEN AGGRIEVED BY A VIOLATION OF THIS PART 2 REASONABLE COSTS
3 AND ATTORNEY FEES INCURRED.
4(g)   EACH DAY A VIOLATION OF THIS PART 2 CONTINUES
5 CONSTITUTES A SEPARATE AND DISTINCT OFFENSE, AND EMPLOYMENT OF
6 ANY WORKER IN VIOLATION OF THIS PART 2 CONSTITUTES, WITH RESPECT
7  TO EACH WORKER EMPLOYED, A SEPARATE AND DISTINCT OFFENSE.
8(h) THIS PART 2 SHALL NOT BE CONSTRUED TO REPLACE THE
9 "WORKERS' COMPENSATION ACT OF COLORADO", ARTICLES 40 TO 47 OF
10 THIS TITLE     8, AS THE APPROPRIATE MECHANISM FOR ADDRESSING
11 JOB-RELATED INJURIES.
12(i)   THIS PART 2 SHALL NOT BE CONSTRUED TO AUTHORIZE
13 INJUNCTIVE RELIEF THAT HAS THE PRIMARY PURPOSE OR EFFECT OF
14 INTERFERING WITH LAWFUL, CONSTITUTIONALLY PROTECTED ACTIVITY OF
15 THE PRESS, UNLESS SUCH RELIEF IS NECESSARY AND NARROWLY TAILORED
16 TO REMEDY A SPECIFIC WORKPLACE HEALTH OR SAFETY HAZARD.
17
188-14.4-205. Rules.
19(1) IF, AT ANY TIME AFTER SEPTEMBER 1, 2025, ANY OSH ACT
20 HEALTH OR SAFETY STANDARD, OR RULE ADOPTED THEREUNDER, IS
21 REPEALED OR REVOKED, THE ATTORNEY GENERAL MAY, AS SOON AS
22 PRACTICABLE, ADOPT RULES ESTABLISHING A STATE STANDARD FOR
23 EMPLOYERS IN THE STATE THAT IS AS STRINGENT AS OR MORE STRINGENT
24 THAN THE FEDERAL OCCUPATIONAL HEALTH OR SAFETY STANDARD BEING
25 REPEALED OR REVOKED AS A MINIMUM STANDARD FOR EMPLOYERS IN THIS
26 STATE.
27(2) ANY STANDARD ADOPTED PURSUANT TO SUBSECTION (1)   OF
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1 THIS SECTION MAY BE ENFORCED THROUGH SECTION 8-14.4-204.
2(3) THE ATTORNEY GENERAL MAY ADOPT RULES AS NECESSARY TO
3 IMPLEMENT THIS PART 2.
48-14.4-206. Attorney general additional budget request.
5IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL
6 RESOURCES ARE NEEDED TO EFFECTIVELY ADMINISTER THIS PART 2, THE
7 ATTORNEY GENERAL SHALL REQUEST THE ADDITIONAL RESOURCES IN THE
8 ATTORNEY GENERAL'S BUDGET REQUEST TO THE JOINT BUDGET
9 COMMITTEE.
10SECTION 2. In Colorado Revised Statutes, 24-31-1302, add (3)
11 and (4) as follows:
1224-31-1302. Worker and employee protection unit - creation
13 - duties - court order - injunctive relief - attorney fees.
14(3) IF A PERSON, OR AN AGENT THEREOF, FAILS TO OBEY AN
15 INVESTIGATIVE DEMAND, SUBPOENA, WARRANT, OR OTHER INVESTIGATIVE
16 PROCESS ISSUED OR CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS
17 SECTION, THE ATTORNEY GENERAL MAY APPLY TO THE APPROPRIATE
18 DISTRICT COURT FOR AN ORDER TO EFFECT THE PURPOSES OF THIS SECTION.
19 THE APPLICATION MUST STATE REASONABLE GROUNDS ON WHICH THE
20 ATTORNEY GENERAL BELIEVES THAT THE ORDER IS NECESSARY TO
21 INVESTIGATE A DEPRIVATION OF A PERSON'S RIGHTS, PRIVILEGES, OR
22 IMMUNITIES SECURED OR PROTECTED BY THE STATE CONSTITUTION OR
23 LAWS OF THE UNITED STATES OR THE STATE OF COLORADO. IF THE COURT
24 IS SATISFIED THAT REASONABLE GROUNDS EXIST, THE COURT IN ITS ORDER
25 MAY:
26(a)   REQUIRE THE ATTENDANCE OF OR THE PRODUCTION OF
27 DOCUMENTS BY A PERSON, OR BOTH;
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1(b)   GRANT INJUNCTIVE RELIEF AS NECESSARY TO OBTAIN
2 COMPLIANCE WITH INVESTIGATIVE DEMANDS, SUBPOENAS, WARRANTS, OR
3 OTHER INVESTIGATIVE PROCESSES ISSUED OR CONDUCTED PURSUANT TO
4 SUBSECTION (2) OF THIS SECTION; AND
5(c) GRANT FURTHER RELIEF AS MAY BE NECESSARY TO OBTAIN
6 COMPLIANCE WITH INVESTIGATIVE DEMANDS, SUBPOENAS, WARRANTS, OR
7 OTHER INVESTIGATIVE PROCESSES ISSUED OR CONDUCTED PURSUANT TO
8 SUBSECTION (2) OF THIS SECTION.
9(4) COSTS AND ATTORNEY FEES SHALL BE AWARDED TO THE
10 ATTORNEY GENERAL WHERE THE ATTORNEY GENERAL SUCCESSFULLY
11 ENFORCES THIS SECTION.
12SECTION 3. In Colorado Revised Statutes, 24-31-1303, amend
13 (1)(b) and (2)(b); and add (3) as follows:
1424-31-1303. Worker misclassification - wage determinations
15 - investigation and enforcement by the unit - coordination with
16 department of labor and employment.
17(1) (b)    The unit may investigate and enforce an alleged
18 misclassification that is not described in subsection (1)(a) of this section
19 if the unit provides written notice to the division of unemployment
20 insurance of the unit's intent to pursue a misclassification investigation.
21 and the division of unemployment insurance:
22(I) Declines to investigate the matter;
23(II) Has investigated the matter and made a formal determination;
24 or
25(III) Fails to respond to the unit within thirty days after the date
26 of the notice.
27(2) (b) If the division of labor standards and statistics has not
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1 referred a wage determination to the unit, the unit may enforce the wage
2 determination if the unit provides written notice to the division of labor
3  standards and statistics of the unit's intent to enforce the wage
4 determination. and the division of labor standards and statistics:
5(I) Declines to pursue enforcement of the wage determination;
6(II)   Has attempted to pursue enforcement of the wage
7 determination and has been unsuccessful in enforcing the determination
8 in full after the later of twelve months after the determination or the
9 conclusion of any appeals;
10(III) Fails to respond to the unit within thirty days after the date
11 of the notice; or
12(IV) Has not initiated an investigation.
13(3) THE UNIT MAY INVESTIGATE AND ENFORCE AN ALLEGED
14 VIOLATION OF PART 2 OF ARTICLE 14.4 OF TITLE 8.
15SECTION 4. In Colorado Revised Statutes, 24-31-101, amend
16 (1)(i)(XXX) and (1)(i)(XXXI); and add (1)(i)(XXXII) as follows:
1724-31-101. Powers and duties of attorney general.
18(1) The attorney general:
19(i) May independently initiate and bring civil and criminal actions
20 to enforce state laws, including actions brought pursuant to:
21(XXX) Beginning January 1, 2026, part 10 of article 12 of title 38;
22 and
23(XXXI) Section 13-16-126; AND
24(XXXII) PART 2 OF ARTICLE 14.4 OF TITLE 8.
25SECTION 5. In Colorado Revised Statutes, 8-14.4-101, amend
26 the introductory portion as follows:
278-14.4-101. Definitions.
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1As used in this article 14.4 PART 1, unless the context otherwise
2  requires:
3SECTION 6. In Colorado Revised Statutes, 8-14.4-102, amend
4 (2)(b) and (4) as follows:
58-14.4-102. Prohibition against discrimination based on claims
6  related to health and safety.
7(2) (b) A contract or agreement that violates subsection (2)(a) of
8  this section is void and unenforceable as contrary to the public policy of
9  this state. A principal's attempt to impose such a contract or agreement is
10 an adverse action in violation of this article 14.4 PART 1.
11(4) A principal shall not discriminate, take adverse action, or
12 retaliate against a worker based on the worker opposing any practice the
13 worker reasonably believes is unlawful under this article 14.4 PART 1 or
14 for making a charge, testifying, assisting, or participating in any manner
15 in an investigation, proceeding, or hearing as to any matter the worker
16 reasonably believes to be unlawful under this article 14.4 PART 1.
17SECTION 7. In Colorado Revised Statutes, 8-14.4-103, amend
18 (1) as follows:
198-14.4-103. Principal post notice of rights - rules.
20(1) A principal shall post notice of a worker's rights under this
21 article 14.4 PART 1 in a conspicuous location on the principal's premises.
22SECTION 8. In Colorado Revised Statutes, 8-14.4-104, amend
23 (1) introductory portion as follows:
248-14.4-104. Relief for aggrieved person.
25(1) A person may seek relief for a violation of this article 14.4
26 PART 1 by:
27SECTION 9. In Colorado Revised Statutes, 8-14.4-105, amend
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1 (1)(a), (1)(b)(I), and (2)(a) as follows:
28-14.4-105. Enforcement by the division - rules.
3(1) (a) Within two years after an alleged violation of this article
4 14.4 PART 1, an aggrieved individual or whistleblower may file a
5 complaint against a principal with the division as specified in this
6 subsection (1).
7(b) Until the date the division makes a complaint form publicly
8 available:
9(I) An aggrieved individual or whistleblower may file a complaint
10 of a violation of this article 14.4 PART 1 with the division in any form, by
11 mail or electronic mail;
12(2) The division shall either:
13(a) Investigate alleged principal violations of, or interference with
14 rights or responsibilities under, this article 14.4 PART 1 and complaints
15 filed with the division by aggrieved individuals and whistleblowers; or
16SECTION 10. In Colorado Revised Statutes, 8-14.4-106, amend
17 (1), (2) introductory portion, (3)(a), (3)(b), and (4) as follows:
188-14.4-106. Relief authorized.
19(1)   An aggrieved individual may, within ninety days after
20 exhausting administrative remedies pursuant to section 8-14.4-105,
21 commence an action in district court against a principal for a violation of
22 this article 14.4 PART 1.
23(2) A court may order affirmative relief that the court determines
24 to be appropriate, including the following relief, against a respondent who
25 is found to have engaged in a discriminatory, adverse, or retaliatory
26 employment practice prohibited by this article 14.4 PART 1:
27(3) (a) In addition to the relief available pursuant to subsection (2)
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1 of this section, in a civil action brought by a plaintiff under this article
2 14.4 PART 1 against a defendant who is found to have engaged in an
3 intentional discriminatory, adverse, or retaliatory employment practice,
4 the plaintiff may recover compensatory and punitive damages as specified
5 in this subsection (3).
6(b) A plaintiff may recover punitive damages against a defendant
7 if the plaintiff demonstrates by clear and convincing evidence that the
8 defendant engaged in a discriminatory, adverse, or retaliatory
9 employment practice with malice or reckless indifference to the rights of
10 the plaintiff. However, if the defendant demonstrates good faith efforts
11 to comply with this article 14.4 PART 1 and to prevent discriminatory,
12 adverse, and retaliatory employment practices in the workplace, the court
13 shall not award punitive damages against the defendant.
14(4) If a plaintiff in a civil action filed under this article 14.4 PART
15 1 seeks compensatory or punitive damages pursuant to subsection (3) of
16 this section, any party to the civil action may demand a trial by jury.
17SECTION 11. In Colorado Revised Statutes, 8-14.4-107, amend
18 (1), (2)(a), (2)(b), and (3)(a) as follows:
198-14.4-107. Whistleblower enforcement - qui tam - definition.
20(1) As used in this section, "whistleblower" means a worker with
21 knowledge of an alleged violation of this article 14.4 PART 1 or the
22 worker's representative.
23(2) (a) A whistleblower who has exhausted the administrative
24 remedies pursuant to section 8-14.4-105 may bring a civil action against
25 a principal for a violation of this article 14.4 PART 1 on behalf of the state
26 in district court pursuant to this section. The state may intervene in the
27 action to prosecute in its own name.
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1(b) At the time that the action is filed, the whistleblower shall give
2 written notice to the division of the specific provisions of this article 14.4
3 PART 1 alleged to have been violated.
4(3) The proceeds of any judgment entered pursuant to this section
5 shall be distributed as follows:
6(a) Seventy-five percent to the division for enforcement of this
7 article 14.4 PART 1; and
8SECTION 12. In Colorado Revised Statutes, 24-31-108, amend
9 (4) and add (7) as follows:
1024-31-108. Receipt of money - subject to appropriation -
11 exception for custodial money - legal services cash fund - creation -
12 workplace health and safety fund - creation - definition.
13(4) There is hereby created in the state treasury the legal services
14 cash fund. also referred to in this subsection (4) as the "fund" The
15 department shall transmit all money received from state agencies as
16 payment for legal services to the state treasurer, who shall credit the same
17 to the LEGAL SERVICES CASH fund. The money in the LEGAL SERVICES
18 CASH fund and all interest earned on such money is subject to annual
19 appropriation by the general assembly to the department for the direct and
20 indirect costs associated with providing legal services to state
21 governmental entities and for any of the department's litigation expenses.
22 Any unexpended money in the LEGAL SERVICES CASH fund at the end of
23 the fiscal year remains in the LEGAL SERVICES CASH fund and shall not be
24 credited or transferred to any other fund.
25(7) (a)     THE STATE TREASURER SHALL CREDIT PENALTIES
26 COLLECTED FOR THE STATE PURSUANT TO PART 2 OF ARTICLE 14.4 OF
27 TITLE 8 TO THE WORKPLACE HEALTH AND SAFETY FUND, WHICH FUND IS
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1 CREATED IN THE STATE TREASURY. THE MONEY IN THE WORKPLACE
2 HEALTH AND SAFETY FUND MAY BE USED BY THE ATTORNEY GENERAL TO
3 COVER DIRECT AND INDIRECT COSTS ASSOCIATED WITH:
4(I) ENFORCEMENT ACTIVITIES AUTHORIZED IN PART 2 OF ARTICLE
5 14.4 OF TITLE 8;
6(II)   CREATING, DISTRIBUTING, SHARING, AND PUBLICIZING
7 MATERIALS DESIGNED TO EDUCATE WORKERS AND EMPLOYERS ABOUT
8 THEIR OBLIGATIONS UNDER THE FEDERAL "OCCUPATIONAL SAFETY AND
9 HEALTH ACT OF 1970", 29 U.S.C. SEC. 651 ET SEQ.; PART 2 OF ARTICLE
10 14.4 OF TITLE 8; AND RELATED REGULATIONS AND POLICIES; AND
11(III) RULE-MAKING CONDUCTED PURSUANT TO PART 2 OF ARTICLE
12 14.4 OF TITLE 8.
13(b) (I) MONEY IN THE WORKPLACE HEALTH AND SAFETY FUND IS
14 ANNUALLY APPROPRIATED TO THE ATTORNEY GENERAL FOR USE IN
15 IMPLEMENTING THE PURPOSES SET FORTH IN SUBSECTION (7)(a) OF THIS
16 SECTION.
17(II) THE STATE TREASURER MAY INVEST ANY MONEY IN THE
18 WORKPLACE HEALTH AND SAFETY FUND NOT EXPENDED PURSUANT TO
19 SUBSECTION (7)(a) OF THIS SECTION FOR THE PURPOSES OF PART 2 OF
20 ARTICLE 14.4 OF TITLE 8 AS PROVIDED BY LAW. THE STATE TREASURER
21 SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
22 INVESTMENT AND DEPOSIT OF MONEY IN THE WORKPLACE HEALTH AND
23 SAFETY FUND TO THE WORKPLACE HEALTH AND SAFETY FUND. ANY
24 UNEXPENDED     AND   UNENCUMBERED     MONEY   REMAINING   IN   THE
25 WORKPLACE HEALTH AND SAFETY FUND AT THE END OF A FISCAL YEAR
26 REMAINS IN THE WORKPLACE HEALTH AND SAFETY FUND AND SHALL NOT
27 BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.
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1(c) THE LIMITATIONS SPECIFIED IN SECTION 24-75-402 DO NOT
2 APPLY TO THE WORKPLACE HEALTH AND SAFETY FUND.
3SECTION 13.  Applicability. This act applies to conduct
4 occurring on or after the effective date of this act.
5SECTION 14.  Safety clause. The general assembly finds,
6 determines, and declares that this act is necessary for the immediate
7 preservation of the public peace, health, or safety or for appropriations for
8 the support and maintenance of the departments of the state and state
9 institutions.
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