On March 24, 2022, Governor Polis signed into law a new bill amending the Workers’ Compensation Act of Colorado (WCA). The law changes, among other things, the notification requirements for workplace injuries. Colorado employers should familiarize themselves with the new law, which will take effect on August 10, 2022. Not only will there be a need for new postings and notifications, but internal forms should be updated.
New Notice Requirements
The WCA currently requires an injured employee to notify the employer within four days after an on-the-job injury. The new law changes that period to 10 days. In addition, the employee need not provide written notice if they are physically or mentally unable. Instead, the employee’s foreman, superintendent, manager, or any other person in charge who has notice of the employee’s injury is required to submit the written notice of the injury on the employee’s behalf. Any other person who has notice of the injury may also submit notice of the injury to the employer to relieve the employee’s obligation. Moreover, if the employer has actual notice of the injury or good cause is shown for the employee’s failure to report the injury in writing, there is no loss of compensation to the employee.
New Poster Requirements
The law also contains a new required poster that employers will need to prominently place in their workplace. The new notice informs employees to notify their employer of a work-related injury as soon as they are able and report in writing within 10 days after the injury. The poster also adds a new statement that it is against the law for the employer to have a different reporting requirement. Importantly, this means that an employer should not discipline an employee for failing to notify them of a work-related injury sooner than they were able and should not discipline an employee for failing to report the injury in writing until after the 10-day period following the injury. Insurance providers and the Colorado Department of Labor and Employment should have new posters available prior to implementation in August.
Interaction with Safety Requirements
The Occupational Safety and Health Administration (OSHA) also has an anti-retaliation rule that requires employers to have reasonable work-related injury and illness reporting policies. Employers subject to OSHA’s jurisdiction should already not require employees to report a work-related injury “immediately,” but rather, “as soon as practicable after realizing they have a work-related injury or illness.”
As a result of the change in the WCA, employers should also consider having a safety policy, separate from reporting a workplace injury, requiring employees to report safety hazards and unsafe conditions immediately. Employers want to avoid giving the impression that there is a 10-day delay for reporting hazards and unsafe conditions just because workplace injury reporting requirements changed.
Bottom line, an employer in Colorado can require employees to notify them of a work-related injury as soon as they are able but should carefully consider disciplining an employee for failing to do so, especially before the 11th day. However, with the appropriate policy and circumstances, employers can still discipline for failure to immediately report any safety hazards.
Additional Details on Occupational Diseases
The bill also repeals the requirement that an employee notify the employer of an occupational disease within 30 days of contraction of the disease and instead requires an employee to notify the employer upon manifestation of the disease.
Employers Council is updating its Colorado policy samples to provide language that conforms to the new law. Members with questions about the new law can contact Employers Council at info@employerscouncil.org.
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