Labor And Industry - Digest of Bills

Digest of Bills - 2008

LABOR AND INDUSTRY

S.B. 08-51 Boilers and explosives - enforcement authority of division of oil and public safety - injunctions - inspections - appropriation. Grants enforcement authority to the director of the division of oil and public safety (division) in the department of labor and employment for violations of laws and rules concerning boilers and explosives. Allows the director to seek an injunction restraining a person from violating laws or rules concerning public school construction, boilers, and explosives. Allows the division to inspect blast sites or request a blast demonstration.

Appropriates $123,950 and 2.0 FTE to the division, of which $84,825 is from the public safety inspection fund and $39,125 is from the boiler inspection fund.

APPROVED by Governor May 21, 2008
EFFECTIVE May 21, 2008

S.B. 08-114 Employee leasing companies - wages - workers' compensation - unemployment taxes - certification renewal - bonding requirement - disciplinary action. Requires an employee leasing company to pay wages and unemployment taxes for all covered employees. Specifies that the contract provisions of the "Workers' Compensation Act of Colorado" apply to employee leasing companies and work-site employers equally. Requires an employee leasing company to be certified and to annually file a renewal of its certification, along with evidence that it meets specified financial criteria, and to remit a fee as determined by the executive director of the department of labor and employment (department).

Authorizes the department to reduce or waive the bonding requirement for an employee leasing company.

Prohibits a person from acting as an employee leasing company without certification from the department. Authorizes the department to take disciplinary action against an employee leasing company and to impose a fine or rescind the ability to make unemployment insurance contributions.

APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-116 Job security - volunteer firefighters - responding to emergency summonses during work. Protects the job of an employee who leaves work to respond to specified emergency summonses as a volunteer firefighter when the employer:

● Does not deem the employee to be essential to the operation of the employer's daily enterprise;

● Has been notified previously of the employee's status as a volunteer firefighter; and

● Receives written verification that the employee so responded.

APPROVED by Governor April 8, 2008
EFFECTIVE April 8, 2008

S.B. 08-120 Payment of wages - paycard authorized. Authorizes an employer to deposit wages on a paycard so long as the employee receiving the paycard is provided free means of access to the entire amount of net pay at least once per pay period. Allows the employee to choose to receive payment of wages by other authorized means.

APPROVED by Governor March 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-139 Employee work eligibility status - electronic verification program - notice to employers. Requires the department of labor and employment (department), as part of its quarterly electronic publication distributed to employers in the state, to notify employers of the prohibition against hiring or continuing to employ an unauthorized alien and the availability of the optional federal electronic verification program (e-verify program) to verify the work eligibility status of new employees. Requires the notice to warn that the e-verify program, like other verification programs, is not 100% accurate and that an employee has recourse if the e-verify program provides erroneous information regarding the employee's work eligibility status. Further requires the department to provide employers information regarding when, during the hiring process, an employer may lawfully use the e-verify program.

Also requires the department and the secretary of state to post on their respective web sites information about the prohibition against hiring unauthorized aliens and the e-verify program and a link to the e-verify program web site.

APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-193 Public contracts for services - illegal aliens - exceptions to contract requirements - federal electronic employment eligibility verification program - creation of department program. Updates the definition of a federal electronic employment eligibility verification program to reflect the program's new name. Excludes certain types of agreements from the definition of public contract for services as used in the law relating to public contracts for services and illegal aliens.

Creates the department program in the department of labor and employment, which program requires participating contractors that enter into a public contract for services to affirm that the contractor has examined the legal work status of each employee who is newly hired for employment to perform work under the public contract for services. Modifies the precontract certification required of a prospective contractor to limit the scope of the statement about its employees and to require future participation in the federal electronic employment eligibility verification program or the department program. Requires all public contracts for services to include a provision that requires a contractor to use the federal electronic employment eligibility verification program or the department program to verify the employment eligibility of certain employees. Clarifies that nothing in the act requires a contractor to violate any terms of participation in the federal electronic employment eligibility verification program.

APPROVED by Governor May 13, 2008
EFFECTIVE May 13, 2008

S.B. 08-204 Unemployment benefits - claims - requirement for issuance of decision - exception. Creates an exception to the requirement that deputies of the division of employment and training in the department of labor and employment issue decisions on all claims for unemployment benefits for cases in which the claimant has not filed a continued claim for benefits.

APPROVED by Governor May 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 08-224 Conveyances - standards. Authorizes the director of the division of oil and public safety (administrator) to adopt a schedule to implement new versions of ASTM standards covering elevators and escalators (conveyances) within a reasonable amount of time.

Directs the administrator to promulgate rules exempting a conveyance installed before July 1, 2008, from compliance with ASME A17.3 until the conveyance is substantially altered or remodeled but to apply the standard when necessary for public safety. Authorizes the administrator to adopt changes to the ASTM standards that are in the public interest.

Exempts local jurisdictions and their employees from the insurance requirements of the "Elevator and Escalator Certification Act". Replaces the requirement that liability insurance provide $1,000,000 coverage per person per event to a requirement that the coverage equal $1,000,000 per event.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

S.B. 08-241 Workers' compensation benefits - prosthetic devices - apportionment based on prior injuries. Amends provisions of the "Workers' Compensation Act of Colorado" (act) regarding claims for work-related injuries as follows:

● Allows a claimant to obtain an additional prosthetic device upon a showing of good cause;

● Clarifies that the medical services fee schedule developed by the division of workers' compensation in the department of labor and employment applies to all medical services related to a claim, regardless of whether the services were provided for a claimant or the employer or insurer.

Amends the apportionment and reduction of awards provisions of the act as follows:

● Precludes the reduction of awards for temporary total disability, temporary partial disability, and medical benefits based on a previous injury;

● Precludes the reduction of an employee's recovery of permanent total disability when the disability results from work-related injury or work-related injury combined with a genetic, congenital, or similar condition, except as allowed by specific caselaw;

● In cases of permanent medical impairment, requires reduction in recovery when an employee has suffered more than one permanent medical impairment to the same body part and has obtained a prior award or settlement under the act or a comparable law from another state;

● In cases of permanent medical impairment, requires reduction in recovery when an employee has a previous non-work-related permanent medical impairment to the same body part that has been identified, treated, and, at the time of the subsequent injury, is independently disabling.

Preserves the rights of employers and insurers to seek contribution or reimbursement from each other for benefits paid for an injured employee as long as the contribution or reimbursement does not impact the injured employee's benefits.

Makes the act effective July 1, 2008, and applicable to injuries occurring on or after said date.

APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008

H.B. 08-1103 Amusement rides - regulation - certification - inspections - registration fees - rules - appropriation. Requires the director of the division of oil and public safety (division) to promulgate rules for the regulation of amusement rides that include a requirement that each operator of an amusement ride submit a periodic certificate of inspection to the division for each amusement ride. Requires the director of the division to establish minimum certification requirements for inspectors. Requires the inspector of each ride to be an independent 3rd-party inspector. Requires the operator of an amusement ride to notify the division regarding injuries caused by amusement rides, the installation of new rides, and the schedule for the location of amusement rides. Exempts the public safety inspection fund from the statutory limit on uncommitted reserve funds.

Appropriates $119,554 and 1.7 FTE to the division from the public safety inspection fund for the implementation of the act.

APPROVED by Governor May 21, 2008
EFFECTIVE May 21, 2008

H.B. 08-1180 Unemployment insurance - benefits - eligibility - quitting job to accompany transferred military spouse. Removes the limitation that a transfer must be during time of war or armed conflict and for medical-related purposes in order for an individual who relocates with an active-duty military spouse to be eligible for unemployment insurance benefits.

Requires the division of employment and training in the department of labor and employment to:

● Maintain records of claims made and amounts awarded to individuals who quit a job to relocate with an active-duty military spouse who is transferred; and

● Annually report such information to specified legislative committees.

Specifies that an award of benefits under these circumstances shall not affect an employer's premium.

Effective July 1, 2018, repeals the provision allowing unemployment benefits to individuals who relocate with a military spouse.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008

H.B. 08-1276 Workplace accommodations - nursing mothers. Establishes a standard for an employer to provide reasonable unpaid break time or allow an employee to use paid break or meal time to express breast milk for her nursing child for up to 2 years after the birth of the child and to make reasonable efforts to provide a nursing mother with a private location in which to express milk in the workplace. Specifies that an employer that makes reasonable efforts to accommodate an employee who chooses to express milk in the workplace shall be deemed to be in compliance with the workplace accommodations standards.

Requires the department of labor and employment to provide information and links on its web site for employers to access information regarding methods to accommodate nursing mothers in the workplace.

Requires an employee to engage in nonbinding arbitration with an employer prior to pursuing litigation for a violation of the workplace accommodations requirements.

APPROVED by Governor April 7, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1325 Nonimmigrant agricultural seasonal worker pilot program - creation - advisory council - application process - violation of visa program - retaliation prohibited - cash fund - identification cards required - penalties - hearing - report to general assembly - rules - repeal - appropriation. Establishes the nonimmigrant agricultural seasonal worker pilot program (program) in the department of labor and employment (department) for the purpose of expediting the federal H-2A visa certification process. Requires the executive director of the department to implement the program to include sectors of the agriculture industry, up to 1,000 workers in the first year, and an increase of up to 1,000 additional workers each year thereafter. Requires the executive director and the commissioner of agriculture, in conjunction with the director of the office of economic development and international trade, to seek agreements between Colorado and foreign countries to assist in the recruitment and selection of H-2A workers.

Establishes an advisory council to recommend rules to implement the program, to assist in the preparation of a progress report to the general assembly, and to determine the availability of health insurance for seasonal workers.

Requires the department to work with employers participating in the program to expedite the H-2A visa application process. Authorizes the department to charge a fee to cover the costs of the program. Authorizes the director to retain local agents to aid in the application process, medical screening, travel, and documentation of return to the countries of origin of the prospective workers.

Requires each employer to reimburse workers for transportation and subsistence costs, provide free transportation to the workers, provide housing for the workers, pay fair wages to each worker that are in compliance with existing federal law, provide workers' compensation insurance, provide meals and necessary tools and supplies to the workers, provide a copy of the work contract to the worker, pay the worker at least twice per month, and guarantee a minimum number of hours of work. Requires each employer seeking to participate in the program to make assurances to the department.

Requires an employer to notify the department if a worker absconds his or her employment. Implements penalties for an employer who fails to notify the department. Requires the department to notify the United States citizenship and immigration services of any known violations of the conditions for the issuance of an H-2A visa.

Prohibits retaliation by an employer against a worker. Establishes the nonimmigrant agricultural seasonal worker pilot program cash fund for the administrative costs associated with the program. Requires worker participants in the program to obtain a Colorado identification card. Creates penalties for violations of the terms of the program.

Requires the department to promulgate rules for the program. Repeals the program, effective January 1, 2014.

Appropriates $77,725 and 1.0 FTE from the nonimmigrant agricultural seasonal worker pilot program cash fund to the department for allocation to the division of employment and training to implement the program. Appropriates $4,322 from the cash fund to the department for legal services. Appropriates $7,020 from the general fund to legislative council for the implementation of the program. Decreases the appropriation to the controlled maintenance trust fund by $7,020.

APPROVED by Governor June 5, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 08-1400 Division of employment and training - funding - authority to accept gifts, grants, and donations. Authorizes the division of employment and training in the department of labor and employment to accept and expend moneys from gifts, grants, donations, and other nongovernmental contributions.

APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008