SB 160

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-160
     BY SENATOR(S) Rodriguez and Gonzales J., Amabile, Ball, Benavidez,
     Bridges, Cutter, Exum, Hinrichsen, Jodeh, Kipp, Kolker, Lindstedt,
     Marchman, Mullica, Roberts, Sullivan, Wallace, Weissman, Coleman;
     also REPRESENTATIVE(S) Duran and Martinez, Bacon, Boesenecker,
     Brown, Camacho, Carter, Clifford, Espenoza, Froelich, Goldstein, Hamrick,
     Jackson, Joseph, Lieder, Lindsay, Lukens, Mabrey, Marshall, Mauro,
     McCormick, Nguyen, Ricks, Rutinel, Rydin, Sirota, Smith, Stewart K.,
     Velasco, Zokaie, McCluskie.
     CONCERNING EMPLOYEE PROTECTIONS IN THE WORKPLACE.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, 8-4-101, add (12.5) as
     follows:
             8-4-101. Definitions.
             As used in this article 4, unless the context otherwise requires:
           (12.5) (a) "PERSONAL PROTECTIVE EQUIPMENT" MEANS EQUIPMENT,
     CLOTHING, RESPIRATORY DEVICES, PROTECTIVE SHIELDS, AND PROTECTIVE
     ________
     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.
BARRIERS PROVIDED BY AN EMPLOYER TO PROTECT ITS EMPLOYEES AGAINST
RECOGNIZED HEALTH AND SAFETY HAZARDS.
      (b) "PERSONAL PROTECTIVE EQUIPMENT" DOES NOT INCLUDE:
      (I) NONSPECIALTY SAFETY-TOE PROTECTIVE FOOTWEAR, INCLUDING
STEEL-TOE SHOES AND STEEL-TOE BOOTS, OR NONSPECIALTY PRESCRIPTION
SAFETY EYEWEAR, WHEN THE EMPLOYER PERMITS SUCH FOOTWEAR OR
EYEWEAR TO BE WORN OFF THE JOB SITE;
      (II)  BUILT-IN    METATARSAL PROTECTION PROVIDED AT AN
EMPLOYEE'S REQUEST;
      (III) LOGGING BOOTS;
      (IV) EVERYDAY CLOTHING, SUCH AS LONG-SLEEVED SHIRTS, LONG
PANTS, STREET SHOES, AND NORMAL WORK BOOTS; AND
      (V) ORDINARY CLOTHING, SKIN CREAMS, OR OTHER ITEMS USED
SOLELY FOR PROTECTION FROM WEATHER, SUCH AS WINTER COATS, JACKETS,
GLOVES, PARKAS, RUBBER BOOTS, HATS, RAINCOATS, ORDINARY
SUNGLASSES, AND SUNSCREEN.
       SECTION 2. In Colorado Revised Statutes, 8-4-105, amend (1)(b)
and (2) as follows:
      8-4-105. Payroll deductions permitted - notice required.
     (1) An employer shall not make a deduction from the wages or
compensation of an employee except as follows:
       (b) Deductions for loans, advances, goods or services, and
equipment or property, OR ANY OTHER THING THAT PRIMARILY BENEFITS AN
EMPLOYEE, WHICH DOES NOT INCLUDE PERSONAL PROTECTIVE EQUIPMENT,
provided by an employer to an employee pursuant to a written agreement
between such employer and employee, so long as it is enforceable and not
in violation of law;
      (2) EXCEPT FOR A DEDUCTION MADE IN ACCORDANCE WITH
SUBSECTION (1)(a), (1)(a.5), OR (1)(d) OF THIS SECTION, nothing in this
PAGE 2-SENATE BILL 26-160
section authorizes a deduction below the applicable minimum wage.
      SECTION 3. In Colorado Revised Statutes, add 8-6-101.7 as
follows:
       8-6-101.7. Meat workers - restrooms - definitions - fines.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (a) "EMPLOYEE" MEANS AN EMPLOYEE ENGAGED IN THE SLAUGHTER
OF LIVESTOCK OR THE RENDERING OR PACKAGING OF MEAT.
      (b) "EMPLOYER" MEANS AN EMPLOYER WITH FIVE HUNDRED OR
MORE EMPLOYEES IN THE STATE.
      (2) AN EMPLOYER SHALL NOT UNREASONABLY DENY AN EMPLOYEE
THE USE OF A RESTROOM DURING COMPENSABLE TIME.
      (3) THE DIVISION MAY FINE AN EMPLOYER ONE HUNDRED DOLLARS
PER EMPLOYEE FOR EACH VIOLATION OF SUBSECTION (2) OF THIS SECTION.
THE FINE IMPOSED PURSUANT TO THIS SUBSECTION (3) MUST NOT EXCEED
TWO HUNDRED DOLLARS PER EMPLOYEE PER WEEK.
       SECTION 4. Applicability. This act applies to conduct occurring
on or after the effective date of this act.
       SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-SENATE BILL 26-160
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________        ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
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