Current through Register Vol. 47, No. 17, September 10, 2024
4.1
Poster requirements. A poster informing all employees and workers of their
rights under HFWA and PHEW must be posted, displayed, or otherwise provided by
employers and principals, as required by C.R.S. §
8-13.3-408 (HFWA), and C.R.S.
§
8-14.4-103 (PHEW) . All
agricultural employers must post a notice of agricultural employees' rights
under Part 2 of Article 13.5 of Title 8, C.R.S., as required by C.R.S. §
8-13.5-202.
4.1.1 The poster(s) must specify:
(A)for those covered by HFWA,
(1) the amount of paid sick leave to which employees are entitled,
and (2)the terms of its use;
(B)for those covered by PHEW, (1) the right
to raise reasonable concerns about workplace violations of government health or
safety rules, or otherwise significant workplace health or safety threats, and
(2) the right to wear one's own personal protective equipment, such as a mask,
faceguard, or gloves, if it provides a higher level of protection than
already-provided equipment, is recommended by a governmental public health
agency with jurisdiction over the workplace, and does not render the worker
incapable of performing the job duties;
(C)for those covered by either HFWA or PHEW,
(1) that it is unlawful to retaliate for or interfere with HFWA or
PHEW rights, and (2) that a complaint may be filed if retaliation,
interference, or another denial of HFWA or PHEW rights occurs; and
(D)for those covered by the ALRRA, all rights
under Part 2 of Article 13.5 of Title 8, C.R.S., and rules issued pursuant to
and as implementation of those provisions, including:
(1)
§ 202 of Part 2 (access to key
service providers, visitors, and employee residences);
(2)
§ 203 of Part 2 (protections from
heat illness and injury; restrictions on short-handled hoe and other
short-handled tool use; and for hand-weeding/thinning, additional rest as well
as gloves and knee pads); and
(3)
§ 204 of Part 2 (procedures and remedies for enforcement of Part 2
rights); and
(4) the Agricultural
Labor Conditions Rules, 7 CCR 1103-15.
4.1.2 Employers and principals may use the
latest version of the "Colorado Workplace Public Health Rights Poster"
(provided by the Division at
www.coloradolaborlaw.gov) to satisfy the
poster requirements of both HFWA and PHEW. Agricultural employers may use an
up-to-date "Agricultural Labor Rights and Responsibilities Poster" published by
the Division or, at any time such a poster is unavailable, an up-to-date
version of an Interpretive Notice and Formal Opinion on agricultural labor
rights and responsibilities published by the Division, to satisfy the poster
requirements of the ALRRA. Employers and principals may comply by using another
poster that contains all substantive information in the "Colorado Workplace
Public Health Rights Poster," and if applicable, in an "Agricultural Labor
Rights and Responsibilities Poster," and otherwise satisfies all statutory and
rule requirements.
4.1.3 The
poster(s) shall be displayed in each establishment where employees or workers
work, in a conspicuous location frequented by employees or workers where it may
be easily read during the workday, and in all places where notices concerning
the rights and safety of employees or workers are customarily posted - such as
in break rooms, on employee bulletin boards, and/or adjacent to time clocks,
department entrances, and/or facility entrances. In addition:
(A)Agricultural employers must post an
"Agricultural Labor Rights and Responsibilities Poster" or equivalent posting
at any employer-provided housing, and must post it electronically, including by
e-mail and on an intranet or internet site, if the agricultural employer
customarily communicates with agricultural employees by these means.
(B)If the work site or other conditions make
a physical posting of the "Colorado Workplace Public Health Rights Poster"
impractical (including remote work, private residences employing only one
worker, and certain entirely outdoor work sites lacking an indoor area), the
employer or principal shall provide a copy of the poster to each employee or
worker within their first month of work, including through (if information is
customarily disseminated to the employees or workers through these means)
either electronic communication or conspicuous posting in a web-based
platform.
4.2
Notice and Guidance Requirements.
4.2.1 A
written HFWA notice shall be provided to each employee, in addition to the
poster requirement.
(A)The written HFWA notice
to each employee shall specify the same information specified in Rule 4.1.1 for
those covered by HFWA.
(B)Employers
may use the latest version of the "Colorado Workplace Public Health Rights
Poster" (provided by the Division at
www.coloradolaborlaw.gov) to satisfy the
written notice requirements of HFWA. Employers may comply by using another
written notice that contains all substantive information in the "Colorado
Workplace Public Health Rights Poster" and otherwise satisfies all statutory
and rule requirements.
(C)Including
the written HFWA notice among other employment-related documents (such as a
handbook, a manual, or other written or posted policies) complies with this
written notice requirement, as long as the documents are provided either:
(1)in hard copies given to each employee;
or
(2)in electronic form, if the
employee --
(a)can easily access the documents
electronically, and
(b)is provided
actual notice that the documents contain information regarding their terms of
employment, not just a link that fails to so notify the employee.
4.2.2 Under
C.R.S. §
8-14.4-109 of the ALRRA, during a
public health emergency, as defined in C.R.S. §
8-14.4-109(2), a
principal engaged in agricultural employment (as defined in C.R.S. §
8-13.5-201(2))
must also provide resources to agricultural employees as follows.
(A)Employers must "provide informational and
educational materials through posters and pamphlets written in English and
Spanish and any other relevant languages [...as defined in Rule 4.3 , that (1)]
lists the contact information for the migrant farm worker division of Colorado
Legal Services, or its successor organization, where a worker may receive free
and confidential legal services; and [...(2)] informs the workers regarding
federal and state guidance concerning [...the] public health
emergency."
(B)These materials must
be provided "in employer-provided housing, work sites, and other places where
the principal usually posts information for the workers[.]" If materials are
damaged or removed, they must be replaced within 48 hours of damage or
removal.
(C)An employer may comply
with the public health emergency guidance portion of these requirements by
providing a copy (including an electronic copy, if the employer customarily
communicates to the employees in this form) of up-to-date guidance by the
Occupational Safety and Health Administration (OSHA) as to workplace conditions
in a public health emergency (as of the publication of these rules, available
at
https://www.osha.gov/coronavirus/safework)
and by the Colorado Department of Public Health and Environment (CDPHE) (as of
publication of these rules, available at
https://covid19.colorado.gov/guidance-for-businesses-communities).
(D)Employers must also "provide training to
workers concerning safety precautions and protections during [...the] public
health emergency." An employer may comply with these requirements by training
workers in accordance with federal OSHA or CDPHE recommendations.
4.3 Posters and notices
required by these Rules shall be in English and any language that is the first
language spoken by at least five percent of the employer's or principal's
workforce. The "Colorado Workplace Public Health Rights Poster" (provided by
the Division at www.coloradolaborlaw.gov) is available
in multiple languages. The "Agricultural Labor Rights and Responsibilities
Poster" will also be made available in multiple languages. If an employer or
principal needs the poster in a language not already provided, it has 30 days
to procure a translation, and may ask the Division for a translation, which the
Division will endeavor to provide if feasible.
4.4 Employers or principals shall be deemed
noncompliant if they attempt to minimize the effect of posters or notices
required by statute or these Rules, such as by communicating positions contrary
to, or discouraging the exercise of rights covered in, the required poster or
notice.
4.5 The poster and written
notice rights and responsibilities of PHEW, C.R.S. §
8-14.4-103, HFWA, C.R.S. §
8-13.3-408, and ALRRA, C.R.S.
§
8-13.5-202, have applied since each
statute took effect on July 11, 2020, July 14, 2020, and June 25, 2021,
respectively, and will be interpreted in conformity with these Rules. Employers
and principals will be deemed compliant if they executed required posting(s)
and/or notice(s) within 30 days of the applicable statutory effective
date.
4.6 Violation of these poster
or notice requirements may subject the violator to:
(A)fines pursuant to C.R.S. §
8-1-140;
(B)additional fines for willful violations
pursuant to C.R.S. §
8-13.3-408(4);
and/or
(C)in the event that the
violator also committed another violation of HFWA or PHEW, fines in the maximum
amount available for that violation under HFWA (pursuant to C.R.S. §§
8-4-111,
8-4-113,
8-13.3-407(5)) or
PHEW (pursuant to C.R.S. §
8-14.4-105(3)).
