7 Colo. Code Regs. § 1103-11-4

Current through Register Vol. 47, No. 8, April 25, 2024

Rule 7 CCR 1103-11-4 - Notice and Posting Rights and Responsibilities

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)).

7 CCR 1103-11-4

43 CR 20, October 25, 2020, effective 9/21/2020

43 CR 23, December 10, 2020, effective 1/1/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 23, December 10, 2022, effective 1/1/2023