Colorado Proposed Bill May Impose Stricter Workplace Safety Standards on Employers

John Agbonika, Associate

            A new state-level workplace safety enforcement system designed to fill potential gaps in the federal Occupational Safety and Health Administration’s (“OSHA”) enforcement of its regulations contained in House Bill 26-1054 (the “Bill”), [1]  is being heard on February 26, 2026, in the Colorado House Business Affairs and Labor Committee. While the Bill mirrors parts of the federal Occupational Safety and Health Act (“OSH Act”), it goes much further, especially by establishing its own workplace standards; allowing private rights of action to enforce safety standards; expanding penalties for workplace safety violations; and giving the Colorado Division of Labor Standards and Statistics (the “Division”) broad rulemaking authority.

Key Provisions of House Bill 26-1054

            If enacted, the Bill would create a state framework for enforcing workplace health and safety in Colorado and comes at a time when OSHA has reportedly experienced staffing reductions and has conducted fewer workplace inspections.[2] Supporters of the Bill say it will ensure that worker protections do not weaken if federal enforcement of workplace safety regulations declines.

            The Bill would expand Colorado employers’ duty to adhere to OSHA’s “general duty clause,” which requires employers to provide a workplace “free from recognized hazards”[3] by also  requiring employers to ensure that each workplace provides reasonable and adequate protection to workers.[4] The Bill would also require Colorado employers to comply with any additional workplace safety standards adopted by the Division in addition to the workplace safety standards articulated in the OSH Act.[5]

            According to the Bill, if after September 1, 2025, any standard(s) under the OSH Act or the Federal Mine Safety and Health Act 1977[6] are repealed or amended in a way that makes the standard(s) become less stringent, the Division may adopt a state rule that is equal to or more stringent for Colorado employers than the former federal standard, and may adopt safety standards where no OSH Act standards exist.[7]

            Federal OSHA enforcement is administrative in nature. OSHA conducts inspections, issues citations, and assesses penalties against defaulting employers. Employees cannot sue employers directly for OSHA violations. However, the Bill would authorize lawsuits to be brought by the Colorado Attorney General, the Division, labor organizations, and aggrieved individuals in civil court to enforce workplace safety standards without first having to exhaust administrative remedies, which is the current practice under Colorado law.[8]

            Last, the Bill provides that for each employer violation, the district court may order an employer to pay statutory damages of $1,000.00 per violation to an aggrieved person, which could rise to $70,000.00 per willful violation, and to pay a penalty to the attorney general for each violation.[9] In contrast, the OSH Act provides penalties ranging from $5,000.00 to $70,000.00 payable to the federal government and does not provide for statutory damages payable to the aggrieved employee.[10]

Employer Considerations

            H.B. 26-1054 would expand the workplace safety enforcement framework in Colorado by allowing aggrieved individuals and labor organizations a private right of action to enforce state workplace safety standards, potentially exposing employers to more stringent safety standards than currently applicable under the OSH Act. Campbell Litigation will continue to monitor H.B. 26-1054 and other potential changes to Colorado workplace safety law.

[1] See H.B. 26-1054, 75th Gen. Assemb., 2nd Reg. Sess. (Colo. 2026), available at https://leg.colorado.gov/bill_files/110828/download.

[2] Eileen Sullivan & Rebecca Davis O’Brien, Workplace Inspections by OSHA Dropped Over a Six-Month Period of 2025, N.Y. Times (Feb. 18, 2026), https://www.nytimes.com/2026/02/18/us/politics/workplace-inspections-decrease-osha.html (on file with the author). See also Sarah Wilson, Colorado Bill Would Put Workplace Safety Rules in State Law Amid Federal Enforcement Gaps, Colorado Newsline (Feb. 20, 2026, 2:36 PM), https://coloradonewsline.com/briefs/colorado-workplace-safety-rules/ (“Safety inspections have dropped by about 35% between January and September 2025 than previous years, according to a report from the left-wing advocacy organization Good Jobs First.”).

[3] See 29 U.S.C. § 654(a)(1); H.B. 26-1054, § 8-14.4-202 (General duty to maintain a safe workplace).

[4] See H.B. 26-1054, § 8-14.4-202(2)(a).

[5] Id. at (2)(b).

[6] 30 U.S.C. § 801 et seq.

[7] See H.B. 26-1054, § 8-14.4-205; see also 29 U.S.C. § 661 (Contested citations are adjudicated before the Occupational Safety and Health Review Commission (the “Commission”)).

[8] See C.R.S. § 8-14.4-101 et seq.

[9] Id. at §§ 8-14.4-205(2)(c)(II) and (2)(f). Under Colorado law, the Division can order reinstatement or, if not feasible, front pay for a reasonable period after the order. C.R.S. § 8-14.4-105. After exhausting administrative remedies, employees may pursue a district court action to recover the greater of $10,000.00 or lost pay, plus compensatory and punitive damages for intentional employer actions. C.R.S. § 8-14.4-106.

[10] See 29 U.S.C. § 666.