7 Colo. Code Regs. § 1103-15-4

Current through Register Vol. 47, No. 16, August 25, 2024

Rule 7 CCR 1103-15-4 - Access to Key Service Providers

4.1Purpose. This Rule 4 provides, in addition to the access to key service providers and (for housed employees) access to visitors and to offsite services required by statute (C.R.S. § 8-13.5-202, copied below in Appendix A, and incorporated into this Rule 4 by reference), "additional times during which an employer may not interfere with an agricultural worker's reasonable access to key service providers, including periods during which the agricultural worker is performing compensable work, especially during periods when the agricultural worker is required to work in excess of forty hours per week and may have difficulty accessing such services outside of work hours" (C.R.S. § 8-13.5-202(1)(c)), including difficulty planning appointments with, communicating with, following up with, and reviewing information from key service providers.

4.2Communication access to off-site providers.

4.2.1 Employees shall be provided and permitted to use during breaks a location with phone service and internet access that allows as much privacy and quiet as possible.

(A) If an employee living in employer-provided housing lacks a device for phone or internet access, then the employer shall provide a device when the employee needs to use one.

(B) If the worksite lacks phone or internet service, then the employer (1) shall permit an employee with their own transportation (as described in C.R.S. § 8-13.5-202(1)(f)) to travel to such a site with service, or (2) shall, for an employee living in employer-provided housing without transportation of their own, provide transportation to a site with service within 24 hours of the employee's request (which may be the same transportation that satisfies the requirements of C.R.S. § 8-13.5-202(1)(e) to provide workers transportation for service provider access, if the employee is provided adequate time for the activities identified in § 202(1)(e)).

(C) If an employer cannot provide an employee with the communication access detailed in (A) and (B), then it shall provide meaningful access to key service providers by alternate means, including at the worksite.

4.2.2 In any workweek of over 40 hours, an employee who requests at least 24 hours in advance shall be permitted, at least once per week, to extend a meal period or other 30-minute break to up to 60 minutes (the extra time may be unpaid) to communicate with a key service provider of their choice during the provider's hours of operation. For range workers, an employer may require 72 hours' notice (except for health emergency needs) before permitting up to 60 minutes for such communication with a key service provider. If an employer denies a request made less than 24 hours in advance (or less than 72 hours in advance for a range worker), the employer must allow the employee to extend a different break during that workweek or any break during the next workweek (in addition to other breaks to which the employee may be entitled).

4.2.3 An employer shall promptly provide an employee all mail or other communications (written, electronic, or verbal) it receives that were sent to or left for the employee.

4.3Additional break time to facilitate service provider access during long workweeks. An employer shall provide (in addition to other rest, meal, or other breaks provided by these Rules, the COMPS Order, or other statutes or rules) to employees other than range workers one additional paid break of 60 minutes in any workweek of over 60 hours worked, and two such paid breaks in any workweek of over 70 hours.

4.3.1 If an employer had no reason to believe an employee would exceed 60 or 70 hours until the last day of the week, it may instead provide the additional break time the following week.

4.3.2 During this additional break time, employees shall be permitted to leave the worksite and to use the time either to directly support their access to a key service provider's hours of operation, or as indirect support by using the time for other needs (meals, rest, other services, etc.) that may facilitate their access to key service providers at other times.

4.3.3. Paid break time under this rule shall be compensated at the same rate as time worked and is governed by the COMPS Order provisions applicable to paid rest periods.

7 CCR 1103-15-4

45 CR 05, March 10, 2022, effective 5/1/2022