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Committee advances bill to create state-level 'right to a safe workplace' amid debate over federal preemption
Summary
House Bill 26-10-54, which would codify a state-level right to a safe workplace and allow public and private enforcement if federal OSHA enforcement weakens, passed out of committee 3–2 after competing business and labor testimony.
Sponsor said HB26-10-54 would preserve Colorado workers’ right to a safe workplace as federal OSHA protections are rolled back and enforcement declines. The bill would incorporate the federal general duty clause as interpreted by federal OSHA circa September 2025, allow the attorney general to adopt state-level workplace guidance if federal protections are reduced, authorize private enforcement actions by labor organizations, and establish a workplace health and safety fund to build state capacity.
Supporters — including Tammy Munoz (Teamsters Local 455), Valerie Collins (attorney with Towards Justice), Robert Lindgren (Colorado AFL-CIO), and Aaron Contreras (Western States Regional Council of Carpenters) — described rising workplace fatalities and reduced federal enforcement capacity and urged the state to create an enforceable right and private-enforcement options to protect vulnerable workers.
Opponents from business groups, including Michael Cox (appearing for the Colorado Chamber of Commerce), Michael Smith (NFIB), Michael Gifford (Associated General Contractors), and Alenka Hahn (Pinnacle Assurance), warned the bill could conflict with federal OSHA law, create duplicative or confusing enforcement and regulation, invite costly litigation, and harm small businesses. Business witnesses emphasized that Colorado is not a federal OSHA “state plan” state and said the exclusive means to establish more stringent state enforcement is through the state plan process, not ad hoc statutory additions.
Committee members asked witnesses about preemption risks and current federal penalties under OSHA. Witnesses said Congress was unlikely to repeal the general duty clause and described OSHA penalty ranges for serious and willful violations.
After extended testimony and questioning, the committee moved HB26-10-54 to the Committee on Appropriations with a favorable recommendation; the clerk recorded the motion passing 3 to 2.
Next steps: HB26-10-54 will be considered by the Appropriations Committee.
