Like the rest of the globe, the temperatures in Colorado continue to be on the rise. As the temperature in Colorado begins to rise, agricultural employers need to be aware of the new agricultural labor rules that go into effect as of May 1, 2022, related to protection for workers from heat illness and injury.
The Colorado Agricultural Labor Rights and Responsibilities Act (ALRRA), enacted on June 25, 2021, references specific requirements for agricultural employers related to hot working environments. The corresponding Agriculture Labor Condition Rules (Rules) go into effect May 1, 2022, which require agricultural employers to provide:
Each of the above requirements has specific directives regarding what employers must provide. For example, drinking water must be at least 32 ounces per hour per employee, cooled to 60 degrees, unless other conditions are met. The Colorado Department of Labor has issued Interpretive Notice & Formal Opinion (INFO) #12C concerning these detailed requirements.
Safety procedures and training must be implemented if, at any point in the calendar year, a worksite temperature of at least 80 degrees is reasonably expected. For agricultural employers with workers who will perform outside or indoors without regular cooling, these safety procedures and training requirements will likely apply.
Requirements related to heat illness and injury protection, drinking water, and shade are triggered when forecasted temperatures reach 80 degrees. There are some exceptions to when these requirements are triggered, such as when employees are only working for a short time during hot conditions or when their workday will end before the high temperatures are forecasted.
Employers must provide training information to all employees in either written or verbal form in employees’ primary language if they are not fluent in English. The Rules do not define what it means to be “fluent in English.” Merriam Webster’s Dictionary defines fluent as “capable of using a language easily and accurately.” The ability to speak enough English words to generally operate in an agricultural workplace may be insufficient to constitute fluency. Many fluency measures include the ability to read, write, understand, and speak a language fluidly without needing to stop to search for word choices or have difficulty understanding implied meaning.
Employers subject to the Rules should implement training now, as the training requirements for the year 2022 must be implemented by agricultural employers no later than May 31, 2022, and upon hiring new employees. In future years, employers must conduct training related to heat injury and illness annually by April 20.
When the temperature tops 95 degrees or above, additional requirements are triggered related to:
With the number of 95 degree plus days on the rise in Colorado, agricultural employers should carefully examine their obligations related to these new Rules. Employers Council is available to help members navigate this new law through online resources, consulting, and training. Contact the Member Experience team by email or call 800-884-1328.
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