HB 1272

HOUSE BILL 26-1272
BY REPRESENTATIVE(S) Froelich and Velasco, Bacon, Boesenecker,
Brown, Camacho, Clifford, Duran, English, Jackson, Lieder, Lindsay,
Mabrey, McCormick, Nguyen, Ricks, Rutinel, Smith, Story, Willford,
Garcia, Sirota, Valdez, Zokaie;
also SENATOR(S) Cutter and Weissman, Amabile, Benavidez, Danielson,
Exum, Gonzales J., Jodeh, Kipp, Kolker, Marchman, Sullivan, Wallace,
Coleman.
CONCERNING PROTECTIONS FOR WORKERS NECESSITATED BY CLIMATE
     CHANGE, AND, IN CONNECTION THEREWITH, MAKING AN
     APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, amend 8-14.4-101 as
follows:
        8-14.4-101. Definitions.
        As used in this article 14.4, unless the context otherwise requires:
        (1) "ACCLIMATIZED" MEANS THE BODY'S ADAPTATION TO WORK IN
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
THE HEAT OR COLD AS THE BODY IS EXPOSED TO HEAT OR COLD GRADUALLY
OVER TIME, WHICH REDUCES THE STRAIN CA USED BY HEAT STRESS OR COLD
STRESS AND REDUCES THE CHANCE OF DEVELOPING HEAT-RELATED INJURY
OR ILLNESS OR COLD-RELATED INJURY OR ILLNESS.
       ffi (2) "Agricultural employment" has the meaning set forth in
section 8-13.5-201 (2).
       (3) "COLD-RELATED INJURY OR ILLNESS" MEANS A SERIOUS MEDICAL
CONDITION RES ULTING FROM THE BODY'S INABILITY TO COPE WITH COLD
STRESS. SIGNS AND SYMPTOMS OF COLD-RELATED INJURY OR ILLNESS MAY
INCLUDE NUMBNESS, THE FEELING OF PINS AND NEEDLES, BLUE AND
BLOTCHY SKIN, ACHES, FATIGUE, CONFUSION, DISORIENTATION, EXCESSIVE
SHIVERING, AND LOSS OF COORDINATION.
       (4) "COLD-TEMPERATURE TRIGGER" MEANS A TEMPERATURE AT
WHICH AN INDIVIDUAL, IF EXPOSED FOR A PROLONGED PERIOD, MAY BE AT
RISK OF SUFFERING FROM A COLD-RELATED INJURY OR ILLNESS OR
TEMPERATURE-RELATED EMERGENCY.
       fr.57 (5)     "Department" means the department of labor and
employment.
       tz} (6)     "Division" means the division of labor standards and
statistics in the department.
       (7) "HEAT-RELATED INJURY OR ILLNESS" MEANS A SERIOUS MEDICAL
CONDITION RES ULTING FROM THE BODY'S INABILITY TO COPE WITH HEAT
STRESS. SIGNS AND SYMPTOMS OF HEAT-RELATED INJURY OR ILLNESS MAY
INCLUDE HEADACHE, NAUSEA, WEAKNESS, DIZZINESS, ELEVATED BODY
TEMPERATURE, MUSCLE CRAMPS, AND MUSCLE PAIN OR SPASMS.
       (8)   "HEAT-TEMPERATURE TRIGGER" MEANS A TEMPERATURE AT
WHICH AN INDIVIDUAL, IF EXPOSED FOR A PROLONGED PERIOD, MAY BE AT
RISK OF SUFFERING FROM A HEAT-RELATED INJURY OR ILLNESS OR
TEMPERATURE-RELATED EMERGENCY.
       (9) "POTABLE DRINKING WATER" MEANS WATER THAT IS SAFE FOR
HUMAN CONSUMPTION.
PAGE 2-HOUSE BILL 26-1272
       f-37 (10) "Principal" means:
       (a) An "employer" as set forth in the federal "Fair Labor Standards
Act of 1938", 29 U.S.C. sec. 203 (d);
       (b) A foreign labor contractor and OR a migratory field labor
contractor or crew leader;
       (c) The state of Colorado, local governments, and political
subdivisions of the state as defined in section 1-7 .5-103 (6);
       (d) An entity that contracts with five or more independent
contractors in the state each year; and
       (e) A person or entity engaged in agricultural employment.
      (4) ( 11) "Public health emergency" means:
      (a) A public health order issued by a state or local public health
agency; or
       (b) A disaster emergency declared by the governor based on a public
health concern.
      (12)    "SHADE" MEANS THE BLOCKAGE OF DIRECT SUNLIGHT, SUCH
THAT OBJECTS DO NOT CAST A SHADOW IN THE AREA OF BLOCKED SUNLIGHT.
      (13)    "SIGNS OR SYMPTOMS OF A COLD EMERGENCY" MEANS THE
PHYSIOLOGICAL MANIFESTATION OF A COLD-RELATED INJURY OR ILLNESS,
INCLUDING HYPOTHERMIA, FROSTBITE,  DROWSINESS,     LOSS    OF
CONSCIOUSNESS, OR TRENCH FOOT.
      (14)    "SIGNS OR SYMPTOMS OF A HEAT EMERGENCY" MEANS THE
PHYSIOLOGICAL MANIFESTATION OF A HEAT-RELATED INJURY OR ILLNESS,
INCLUDING HEAT STROKE, HEAT EXHAUSTION, FAINTING, OR LOSS OF
CONSCIOUSNESS.
      ( 15)   "TEMPERATURE-RELATED EMERGENCY" MEANS A SERIOUS
MEDICAL EMERGENCY IN WHICH A WORKER IS EXHIBITING SIGNS OR
SYMPTOMS OF A HEAT EMERGENCY OR SIGNS OR SYMPTOMS OF A COLD
PAGE 3-HOUSE BILL 26-1272
EMERGENCY.
        (16)     "TEMPERATURE-RELATED INJURY OR ILLNESS" MEANS
COLD-RELATED INJURY OR ILLNESS, HEAT-RELATED INJURY OR ILLNESS, OR
BOTH.
        ( 17) "TRIIPP" OR "TEMPERATURE-RELATED INJURY AND ILLNESS
PREVENTION PLAN" MEANS A WORKSITE TEMPERATURE-RELATED INJURY
AND ILLNESS PREVENTION PLAN.
        ts-) (18) "Worker" means:
        (a) An "employee" as defined in section 8-4-101 (5); or
        (b) A person AN INDIVIDUAL who works for an entity that contracts
with five or more independent contractors in the state each year.
        (19)    "WORKSITE" MEANS A PHYSICAL LOCATION WHERE A
PRINCIPAL'S WORK OR OPERATIONS ARE PERFORMED.
        SECTION 2. In Colorado Revised Statutes, add 8-14.4-101.5 as
follows:
      8-14.4-101.5. Worker protection - extreme temperatures -
temperature-related injury and illness prevention plan - legislative
declaration - rules.
        (1) Legislative declaration. THE GENERAL ASSEMBLY FINDS AND
DECLARES THAT:
        (a) CLIMATE CHANGE IS EXACERBATING THE EFFECTS OF EXTREME
WEATHER EVENTS, INCLUDING EXTREME HEAT, EXTREME COLD, DROUGHT,
AND WILDFIRE IN COLORADO;
        (b) SINCE 2011, COLORADO HAS MADE IT A PRIORITY TO TRACK
TEMPERATURE-RELATED INJURY AND ILLNESS AND TO ENSURE COLORADANS
ARE A WARE OF THE RISKS OF EXPOSURE TO EXTREME HEAT AND EXTREME
COLD;
        ( c)   IN 2024, COLORADO'S LARGEST WORKERS' COMPENSATION
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INSURER HAS INDICATED THAT INDOOR AND OUTDOOR WORKERS IN THE
STATE ARE FIFTY-TWO PERCENT MORE LIKELY TO EXPERIENCE INJURY
DURING EXTREME TEMPERATURE EVENTS;
      (d)   SINCE   2021, FEDERAL EXPERTS AT THE UNITED STATES
DEPARTMENT OF LABOR HAVE RECOGNIZED THAT WORKERS WORKING IN
EXTREME TEMPERATURES NEED ADDITIONAL PROTECTIONS, AND THE
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION HAS ASSERTED THAT
EXPOSURE TO EXTREME TEMPERATURES IN THE WORKPLACE POSES A
SIGNIFICANT RISK OF SERIOUS INJURY AND ILLNESS;
      (e) THE STATE'S ECONOMY DEPENDS ON THE LABOR OF WORKERS
ACROSS MANY SECTORS AND INDUSTRIES WHO ARE ROUTINELY EXPOSED TO
DANGEROUS WORKING CONDITIONS, INCLUDING EXTREME HEAT, EXTREME
COLD, AND OTHER ENVIRONMENTAL HAZARDS THAT MAY THREATEN THEIR
HEALTH, SAFETY, AND LIVES. THE RISKS THESE WORKERS FACE INCREASE AS
OUTDOOR TEMPERATURES BECOME MORE VOLATILE, AND WORKERS WHO
ARE EXPOSED TO PROLONGED HEAT OR COLD SOMETIMES SUFFER
PREVENTABLE INJURIES, ILLNESSES, AND DEATHS.
      (f)   THE STATE'S CURRENT PROTECTIONS ARE INADEQUATE TO
PROTECT WORKERS EXPOSED TO EXTREME TEMPERATURES AT WORKSITES.
EXISTING WORKPLACE STAND ARDS DO NOT REQUIRE COMPREHENSIVE
PREVENTION PLANS; DO NOT GUARANTEE ACCESS TO POTABLE DRINKING
WATER, SHADE, OR COOL-DOWN OR WARM-UP AREAS; AND DO NOT
ESTAB LISH PROCEDURES FOR MONITORING TEMPERATURES, ADJUSTING
WORK PRACTICES DURING EXTREME HEAT OR EXTREME COLD, OR
PROTECTING NEWLY HIRED OR RETURNING WORKERS WHO ARE NOT
ACCLIMATIZED. AS A RESULT, MANY WORKERS CONTINUE TO FACE UNSAFE
CONDITIONS WITHOUT ENFORCEABLE SAFEGUARDS.
      (g) THE ABSENCE OF CONSISTENT STATE WIDE STAND ARDS CREATES
UNEQUAL PROTECTIONS ACROSS INDUSTRIES AND REGIONS, LEA YING THE
MOST VULNERABLE WORKERS, INCLUDING THOSE WHO WORK IN LOW-PAYING
POSITIONS, AT THE GREATEST RISK OF HARM. THESE WORKERS OFTEN FACE
ADDITIONAL BARRIERS, SUCH AS FEAR OF RETALIATION, LIMITED ACCESS TO
COMPLAINT SYSTEMS OR REPORTING, AND A LACK OF ACCESSIBLE
INFORMATION IN A LANGUAGE THEY UNDERSTAND. THESE BARRIERS
CONTRIBUTE TO UNDERREPORTING OF DANGEROUS CONDITIONS AND
PREVENT TIMELY INTERVENTION.
PAGE 5-HOUSE BILL 26-1272
        (h) REQUIRING PRINCIPALS TO ADOPT CLEAR, PROACTIVE MEASURES,
INCLUDING MONITORING AND RECORDING TEMPERATURE CONDITIONS,
PROVIDING POTABLE DRINKING WATER AND REST BREAKS, ENSURING ACCESS
TO SHADE OR SHELTER, DEVELOPING WRITTEN PREVENTION AND RESPONSE
PLANS, AND ADEQUATELY TRAINING WORKERS, IS NECESSARY TO REDUCE
TEMPERATURE-RELATED INJURIES AND ILLNESSES IN THE STATE. THE STATE
SHOULD REQUIRE PROTECTIONS THAT ARE PRACTICAL, EVIDENCE-BASED,
AND ACHIEVABLE FOR EMPLOYERS OF ALL SIZES.
        (i) PROTECTING WORKERS FROM EXTREME TEMPERATURES IS A
MATTER OF PUBLIC HEALTH AND SAFETY AND ECONOMIC STABILITY.
ENSURING SAFER WORKING CONDITIONS ACROSS INDUSTRIES WILL REDUCE
PREVENTABLE MEDICAL EMERGENCIES, SUPPORT WORKFORCE RETENTION
AND PRODUCTIVITY, AND PROMOTE FAIRNESS FOR PRINCIPALS THAT
ALREADY COMPLY WITH HIGH SAFETY STANDARDS.
     U) ESTABLISHING STATEWIDE ENFORCEABLE PROTECTIONS FOR
WORKERS EXPOSED TO EXTREME TEMPERATURES IS NECESSARY TO
SAFEGUARD THE STATE'S WORKFORCE, STRENGTHEN FAMILIES AND
COMMUNITIES, AND UPHOLD THE STATE'S RESPONSIBILITY TO ENSURE THAT
WORKERS CAN PERFORM THEIR DUTIES WITHOUT RISKING THEIR HEALTH,
THEIR SAFETY, OR THEIR LIVES.
        (2) Data collection - model temperature-related injury and
illness prevention plan.
        (a) ON OR BEFORE JANUARY 15, 2027, THE DIVISION SHALL:
        (I) DEVELOP A PLATFORM ON THE DEPARTMENT'S WEBSITE WHERE
USERS    CAN   PROVIDE    INFORMATION       ABOUT   OCCURRENCES      OF
TEMPERATURE-RELATED INJURY OR ILLNESS OR TEMPERATURE-RELATED
EMERGENCIES AT WORKSITES IN THE STATE;
        (II) OBTAIN DATA FROM THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT     USING    THE   DEPARTMENT    OF   PUBLIC   HEALTH   AND
ENVIRONMENT'S CURRENT SYNDROMIC SURVEILLANCE PROGRAM, OR A
SUCCESSOR PROGRAM, TO TRACK OCCURRENCES OF HEAT-RELATED INJURY
OR ILLNESS OR HEAT-RELATED EMERGENCIES AT WORKSITES IN THE STATE;
AND
PAGE 6-HOUSE BILL 26-1272
      (III) BEGIN WORKING WITH:
     (A) THE DIVISION OF WORKERS' COMPENSATION TO PERIODICALLY,
AND AT LEAST TWICE ANNUALLY, COLLECT INFORMATION CONCERNING
CLAIMS      FOR   WORKERS'    COMPENSATION        THAT     INVOLVE
TEMPERATURE-RELATED INJURY OR ILLNESS OR TEMPERATURE-RELATED
EMERGENCIES; AND
      (B) THE CENTER FOR IMPROVING VALUE IN HEALTH CARE, OR A
SUCCESSOR ORGANIZATION, TO PERIODICALLY, AND AT LEAST TWICE
ANNUALLY, COLLECT INFORMATION CONCERNING OCCURRENCES OF
TEMPERATURE-RELATED INJURY OR ILLNESS OR TEMPERATURE-RELATED
EMERGENCIES AT WORKSITES IN THE STATE.
      (b) (I) ON OR BEFORE JULY 1, 2028, THE DIVISION SHALL DEVELOP A
MODEL TRIIPP THAT INCLUDES WRITTEN PROCEDURES FOR:
      (A)   PROVIDING WORKERS ACCESS TO COOL, POTABLE DRINKING
WATER ATNO COST;
      (B) PROVIDING WORKERS ACCESS TO COOL-DOWN OR WARM-UP REST
AREAS;
      (C) MONITORING WORKPLACE TEMPERATURE CONDITIONS;
      (D) ACCLIMATIZING NEW OR RETURNING WORKERS DURING THEIR
FIRST FOURTEEN DAYS OF ASSIGNMENT;
      (E) TRAINING WORKERS TO RECOGNIZE SIGNS AND SYMPTOMS OF
TEMPERATURE-RELATED INJURY AND ILLNESS;
      (F)     RESPONDING     TO   TEMPERATURE-RELATED       MEDICAL
EMERGENCIES; AND
      (G) OTHER COMPONENTS AND EXEMPTIONS AS NECESSARY.
      (II) THE DIVISION MAY INCORPORATE BY REFERENCE AND ADAPT
ESTABLISHED TRIIPP MODELS.
      (III) THE DIVISION MAY ADOPT RULES NECESSARY TO IMPLEMENT
PAGE 7-HOUSE BILL 26-1272
THIS SECTION.
       (IV) THE DIVISION SHALL ENSURE THE MODEL TRUPP IS AVAILABLE
ON THE DEPARTMENT'S WEBSITE IN A FORMAT THAT CAN BE VIEWED OR
DOWNLOADED.
       (V) THE DIVISION SHALL REVIEW AND UPDATE THE MODEL TRUPP
AS NECESSARY AND NOT LESS THAN EVERY FIVE YEARS.
       SECTION 3. Appropriation. For the 2026-27 state fiscal year,
$76,651 is appropriated to the department oflabor and employment for use
by the division of labor standards and statistics. This appropriation is from
the general fund and is based on an assumption that the division will require
an additional 0.6 FTE. To implement this act, the division may use this
appropriation for program costs related to labor standards.
       SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 8-HOUSE BILL 26-1272
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Jul~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED ~"' l h ~ ~ -:ju,..e,. ~ 2-0 2.c, "'k (2:3ofr'
                         (D te and Time)
                   Jared
                   GOVE
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