Ready, Set, Go! The 2026 Colorado Legislative Session Begins – And Workplace Legislation Promises to be a Big Topic.
January 22, 2026
By: Colin A. Walker
On January 15, 2026, the Colorado Legislative Session officially began. In recent years, the Democrat-controlled Legislature has demonstrated an intense interest in workplace legislation, and this year is shaping up to be no different.
The first workplace bill has been introduced. House Bill 26-1054, “Concerning Worker Safety Protections,” is modeled on the federal Occupational Health and Safety Act (“OSHA”). In some respects, it tracks OSHA closely. However, there are substantial differences which could be very burdensome to employers and expose employers to substantial risk.
The bill would require employers to ensure that workplaces are free from recognized hazards, interpreted consistently with federal law, and constructed, equipped, arranged and operated to provide reasonable and adequate protection to the lives, health and safety of all workers. So far, so good. OSHA requires this anyway and most employers take such measures simply out of concern for their workers and operations. (And, if they don’t, shame on them.)
However, the bill’s other provisions could be problematic for employers:
- The bill would authorize the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment (“Division”) to adopt rules for workplace health and safety standards. If the Division adopts rules which are different from OSHA’s regulations (which are lengthy and complicated), employers will have two sets of standards with which they are required to comply. Thus, employers would have to study and implement practices which comply with both the federal and state standards. The extent of this burden will not be clear until the Division promulgates its rules, but past experience tells us the burden is likely to be significant.
- The bill would provide a private right of action for aggrieved employees, the Attorney General, the Division, and labor organizations (i.e., unions), for statutory damages, penalties, costs and attorneys’ fees. This is a significant departure from OSHA, which has no private right of action. OSHA is enforced by a federal agency, the Occupational Health and Safety Administration. The private right of action is not surprising. Nearly every workplace bill proposed in the Colorado legislature in recent years has had private right of action. They are, however, very dangerous for employers.
- Statutory damages for the private right of action are up to $1,000 per violation, $10,000 for a second or subsequent violation, and $70,000 per willful violation.
- Penalties paid to a workplace health and safety fund (created by the bill) are to be promulgated by rules of the Division and could be up to $1,000 per violation and up to $10,000 for repeated violations.
- Employment of any worker in violation of the bill and each day a violation continues would be a separate violation.
- The bill also has anti-retaliation and whistleblower protections, which allow employees to sue after filing a charge with the Division and the Division’s investigation.
There are some potential issues regarding preemption by federal law. There are limits on states’ abilities to enact laws which deviate from federal laws on the same subjects. If the bill passes, the new law could well be challenged in court. However, the outcome of the lawsuits is impossible to predict at this time.
While all employers should strive to ensure safe workplaces, this bill would substantially increase the administrative burden for employers, over and above what is presently required by federal law, and expose them to very serious liability to legal actions by employees, the Attorney General, the Division, and labor unions.
It is too early to tell what other workplace and employment bills will be introduced. But, in light of recent legislative sessions and this very significant bill within the first week of the session, the 2026 Colorado Legislative Session is likely to be interesting for employers and employees.