C.R.S.
Section 8-13.5-202
Agricultural workers
- right of access to key service providers
- rules
(1)
Intentionally left blank —Ed.(a)
An employer shall not interfere with an agricultural worker’s reasonable access to visitors at the agricultural worker’s employer-provided housing during any time when the agricultural worker is present at such housing.(b)
An employer shall not interfere with an agricultural worker’s reasonable access to key service providers at any location during any time in which the agricultural worker is not performing compensable work or during paid or unpaid rest and meal breaks, and with respect to health-care providers during any time, whether or not the agricultural worker is working.(c)
To ensure that agricultural workers have meaningful access to services, the director of the division shall promulgate rules regarding additional times during which an employer may not interfere with an agricultural worker’s reasonable access to key service providers, including periods during which the agricultural worker is performing compensable work, especially during periods when the agricultural worker is required to work in excess of forty hours per week and may have difficulty accessing such services outside of work hours. The rules must be proposed on or before October 31, 2021, and adopted on or before January 31, 2022.(d)
An employer may require visitors accessing a work site to follow protocols designed to manage biohazards and other risks of contamination, to promote food safety, and to reduce the risk of injuries to or from livestock on farms and ranches except on the open range, if the same protocols are generally applied to any other third parties who may have occasion to enter the work site.(e)
An agricultural employer that provides housing and transportation for agricultural workers shall, at least one day per week, provide transportation to the agricultural workers to a location where the workers can access basic necessities, conduct financial transactions, and meet with key service providers; except that transportation must be provided not less than one day every three weeks for range workers who are actively engaged in the production of livestock on the open range. This subsection (1)(e) does not limit or restrict an agricultural worker’s ability to travel using the agricultural worker’s own means of transportation. Nothing in this subsection (1)(e) requires an employer to violate a state or federal law or regulation.(f)
If an agricultural worker has access to the worker’s own vehicle and is permitted to park the vehicle on the employer’s property, the employer is not required to provide transportation as set forth in subsection (1)(e) of this section.(2)
No person other than the agricultural worker may prohibit, bar, or interfere with, or attempt to prohibit, bar, or interfere with, the access to or egress from the residence of any agricultural worker by any person, either by the erection or maintenance of any physical barrier, by physical force or violence or by the threat of physical force or violence, or by any order or notice given in any manner.(3)
An agricultural employer shall post notice of an agricultural worker’s rights under this part 2:(a)
In a conspicuous location on the agricultural employer’s premises, including in the agricultural worker’s employer-provided housing; and(b)
In all places where notices to employees, including agricultural workers, are customarily posted; and(c)
Electronically, including by e-mail and on an intranet or internet site, if the agricultural employer customarily communicates with agricultural workers by these means.
Source:
Section 8-13.5-202 — Agricultural workers - right of access to key service providers - rules, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-08.pdf (accessed Oct. 20, 2023).
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