Penalty for violation

8-14-105. Penalty for violation. Any person, corporation, company, or association who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than fifty dollars nor more than five hundred dollars for each offense. Source: L. 13: p. 451, � 5. C.L. � 4190. CSA: C. 97, � 121. CRS 53: � 80-16-5. C.R.S. 1963: � 80-13-5. ARTICLE 14.3 Veterans Employment Programs PART 1 EMPLOYMENT SERVICES FOR VETERANS PILOT PROGRAM 8-14.3-101 to 8-14.3-103. (Repealed) Editor's note: (1) This part 1 was added in 2015. For amendments to this part 1 prior to its repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. (2) Section 8-14.3-103 provided for the repeal of this part 1, effective January 1, 2018. (See L. 2016, p. 662.) PART 2 COLORADO VETERANS' SERVICE-TO-CAREER PROGRAM 8-14.3-201. Short title. The short title of this part 2 is the Colorado Veterans' Service-to-career Program. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, � 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1502, � 1, effective July 1. 8-14.3-201.5. Legislative declaration. (1) The general assembly finds, determines, and declares that the pilot program enacted in House Bill 16-1267, which created the Colorado veterans' service-to-career pilot program that authorized nonprofit agencies to partner with work force centers selected by the department to provide veterans and other eligible participants with skills training, internships, work placements, mentorship opportunities, career and professional counseling, and support services, has been successful in increasing the employment rates for veterans, veterans' spouses, and eligible participants. (2) The general assembly further finds, determines, and declares that the Colorado veterans' service-to-career pilot program should continue as a program whose goal is to assist veterans, spouses, and eligible participants in seeking, obtaining, and retaining employment. Source: L. 2018: Entire section added, (HB 18-1343), ch. 242, p. 1502, � 2, effective July 1. L. 2023: (1) amended, (SB 23-302), ch. 411, p. 2440, � 1, effective August 7. 8-14.3-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) Act means the federal Workforce Innovation and Opportunity Act, Pub.L. 113-128. (2) Apprenticeship means an apprenticeship training program registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor. (3) Department means the department of labor and employment. (4) Eligible participant means a: (a) Veteran; (b) Veteran's spouse; (c) Veteran's dependent child who is twenty-six years of age or younger and lives in the home of the veteran; (d) Veteran's caregiver who is eighteen years of age or older and has significant responsibility for managing the well-being of an injured veteran; and (e) Person who is actively serving in the United States armed forces and who is within six months of being discharged under conditions other than dishonorable or a member of the National Guard or military reserves who has completed initial entry training. (5) Integrated service and support center means a nonprofit center that is affiliated with a work force center and veterans service offices in a centralized location where government agencies, nonprofit organizations, and other entities collaborate to provide services to eligible participants. Services offered may include assistance for eligible participants in securing federal benefits, counseling services, employment support, education, life skills, and wellness support. (5.5) Internship means a training program with a business or nonprofit organization during which the eligible participant receives skills training that could result in future employment in that sector or industry. (6) Program means the Colorado veterans' service-to-career program created in this part 2. (7) Spouse means a veteran's current spouse or former spouse who is currently eligible for veterans' benefits. (8) Veteran means a person who actively served in the United States armed forces and who was discharged or released under conditions other than dishonorable, in accordance with U.S.C. title 38, as amended. Veteran includes a person serving or who served in the National Guard or as a reservist. (8.5) Work-based learning means a continuum of activities that occur, in part or in whole, in the workplace, providing the learner with hands-on, real-world work experience. (9) (a) Work force center means a work force center created by a work force development board pursuant to the Colorado Career Advancement Act, part 2 of article 83 of this title 8. (b) For purposes of a grant application under section 8-14.3-203, work force center also includes a nonprofit entity that: (I) Has a primary focus of serving veterans; and (II) Joins with the work force center to submit a joint application. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, � 1, effective August 10. L. 2018: (9) amended, (HB 18-1375), ch. 274, p. 1694, � 2, effective May 29; (1), (4), (5), (6), and (9) amended and (5.5) and (8.5) added, (HB 18-1343), ch. 242, p. 1503, � 3, effective July 1. L. 2020: (2) amended, (HB 20-1402), ch. 216, p. 1042, � 9, effective June 30. L. 2021: (2) amended, (HB 21-1007), ch. 309, p. 1890, � 3, effective July 1. L. 2023: (2) amended, (SB 23-051), ch. 37, p. 142, � 11, effective March 23. Editor's note: Amendments to subsection (9) by HB 18-1343 and HB 18-1375 were harmonized. 8-14.3-203. Colorado veterans' service-to-career program - report. (1) One or more work force centers selected by the department pursuant to the grant program developed by the department in subsection (4) of this section may contract with a nonprofit agency to administer the program. Work force centers selected by the department and the nonprofit agency shall develop and expand programs to provide work force development-related services specifically tailored to the unique needs and talents of eligible participants. The services may include: (a) Skills training; (b) Opportunities for apprenticeship or internship placements, including an internship that allows for direct entry of eligible participants; (c) Opportunities for internship placements for a specified and limited time period as long as the tasks performed by the intern do not replace the tasks currently performed by a paid contractor or employee; (d) Opportunities for work placements with businesses or other organizations; and (e) Support services, as needed. (1.5) The department shall collaborate with stakeholders and, if feasible, develop a grant application form by March 1, 2019, so that a nonprofit agency may submit one application for multiple service centers effective with the fiscal year 2019-20 grant cycle. (2) (a) If an internship, as allowable, is not fully funded by the employer, the employer and the work force center may share the cost of the hourly wage or stipend for the eligible participant, as determined by the work force center and as permitted under state and federal law. (b) Repealed. (3) The work force centers selected by the department and the nonprofit agency are encouraged to additionally provide services that include: (a) Job fairs; (b) Mentorship opportunities with professionals; (c) Professional and industry-specific seminars; (d) Career and professional counseling; and (e) Counseling on educational and skills training opportunities available to eligible participants. (3.5) Work force center staff shall vet potential program participants and leverage additional funding sources, including the act, to deliver comprehensive services. (4) The department shall develop a grant process so that work force centers may apply for money to administer the program. Each work force center that wishes to administer the program must submit a grant application that: (a) Describes the current services that the work force center offers and demonstrates that those services: (I) Do not duplicate services currently provided under the act; and (II) Will complement other services offered under the program; (b) States how the grant money would enable the work force center to expand its services for the purposes of the program; (c) Describes businesses or other organizations it is partnering with to provide the necessary services; (d) Explains how the services will be tailored or specifically marketed to any subgroup of eligible participants, including: (I) Eligible participants with significant barriers to employment, including those specified in 38 U.S.C. sec. 4100 et seq., such as veterans with bad conduct discharges; (II) Veterans experiencing homelessness; (III) Vietnam-era veterans who served for more than one hundred days between 1965 and 1975; (IV) Eligible participants experiencing addiction; (V) National Guard and military reserve veterans; and (VI) Veterans who are not able to enroll under the act or who are enrolled under the act but could benefit from greater support; and (e) Addresses any other requirements the department deems necessary. (5) In selecting work force centers to administer the program, the department shall give preference to a work force center that: (a) Partners with an agency that is an integrated service and support center for veterans and their families; (b) Is located in the state of Colorado, in order to serve the highest number of eligible participants; (c) Has existing programs or partnerships with businesses or organizations in the community to provide services appropriate to the program; and (d) Has the capacity to provide a wide range of work force development-related services tailored to the unique needs of eligible participants. (6) (a) Each work force center chosen to receive a grant shall use the money for direct services to eligible participants. Each work force center chosen to receive a grant shall report on the services offered; participation by each subgroup of eligible participants; the program's success measured through gainful employment and participation in skills training or educational programs of eligible participants; and any other requirements that the department deems necessary. Notwithstanding section 24-1-136 (11)(a)(I), the work force center shall submit the report to the department, which shall relay all information from the reports annually to the state, veterans, and military affairs committees of the house of representatives and the senate or to their successor committees. (b) Repealed. (c) Unspent money available at the end of each fiscal year rolls over to the next fiscal year to be spent in that year. (d) Repealed. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 660, � 1, effective August 10. L. 2018: IP(1), (1)(b), (2), (3)(e), (4), (5), and (6) amended and (1.5) added, (HB 18-1343), ch. 242, p. 1504, � 4, effective July 1. L. 2023: (2)(b), (6)(b), and (6)(d) repealed, (3.5) added, and (6)(c) amended, (SB 23-302), ch. 411, p. 2440, � 2, effective August 7. L. 2024: (4)(a)(I) and (4)(d)(VI) amended, (HB 24-1450), ch. 490, p. 3405, � 10, effective August 7. 8-14.3-204. Appropriation. The general assembly may annually appropriate money from the general fund created in section 24-75-201 to the department to be used for the program. The department may use up to five percent of any money appropriated by the general assembly for development and administrative costs incurred by the department pursuant to this section; except that this five-percent limitation does not apply to any contract the department enters into in connection with an evaluation of the program pursuant to section 8-14.3-203 (6). Up to eight percent of the money may also be used by the work force center for administrative costs incurred by the work force center and the nonprofit agency to implement and operate the program. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, � 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1506, � 5, effective July 1. L. 2024: Entire section amended, (SB 24-109), ch. 442, p. 3089, � 1, effective June 6. 8-14.3-205. Repeal of part. This part 2 is repealed, effective September 1, 2027. Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, � 1, effective August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1507, � 6, effective July 1. L. 2023: Entire section amended, (SB 23-302), ch. 411, p. 2441, � 3, effective August 7. L. 2024: Entire section amended, (SB 24-109), ch. 442, p. 3089, � 2, effective June 6. ARTICLE 14.4 Worker Rights Related to Health and Safety 8-14.4-101. Definitions. As used in this article 14.4, unless the context otherwise requires: (1) Agricultural employment has the meaning set forth in section 8-13.5-201 (2). (1.5) Department means the department of labor and employment. (2) Division means the division of labor standards and statistics in the department. (3) Principal means: (a) An employer as set forth in the federal Fair Labor Standards Act of 1938, 29 U.S.C. sec. 203 (d); (b) A foreign labor contractor and a migratory field labor contractor or crew leader; (c) The state of Colorado, local governments, and political subdivisions of the state as defined in section 1-7.5-103 (6); (d) An entity that contracts with five or more independent contractors in the state each year; and (e) A person or entity engaged in agricultural employment. (4) Public health emergency means: (a) A public health order issued by a state or local public health agency; or (b) A disaster emergency declared by the governor based on a public health concern. (5) Worker means: (a) An employee as defined in section 8-4-101 (5); or (b) A person who works for an entity that contracts with five or more independent contractors in the state each year. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1351, � 1, effective July 11. L. 2021: (1), (3)(c), and (3)(d) amended and (1.5) and (3)(e) added, (SB 21-087), ch. 337, p. 2183, � 7, effective June 25. 8-14.4-102. Prohibition against discrimination based on claims related to health and safety. (1) A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, to the principal, the principal's agent, other workers, a government agency, or the public if the principal controls the workplace conditions giving rise to the threat or violation. (2) (a) A principal shall not require or attempt to require a worker to sign a contract or other agreement that would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards or to otherwise abide by a workplace policy that would limit or prevent such disclosures. (b) A contract or agreement that violates subsection (2)(a) of this section is void and unenforceable as contrary to the public policy of this state. A principal's attempt to impose such a contract or agreement is an adverse action in violation of this article 14.4. (3) A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker voluntarily wearing at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, if the personal protective equipment: (a) Provides a higher level of protection than the equipment provided by the principal; (b) Is recommended by a federal, state, or local public health agency with jurisdiction over the worker's workplace; and (c) Does not render the worker incapable of performing the worker's job or prevent a worker from fulfilling the duties of the worker's position. (4) A principal shall not discriminate, take adverse action, or retaliate against a worker based on the worker opposing any practice the worker reasonably believes is unlawful under this article 14.4 or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing as to any matter the worker reasonably believes to be unlawful under this article 14.4. (5) This section does not apply to a worker who discloses information: (a) That the worker knows to be false; or (b) With reckless disregard for the truth or falsity of the information. (6) Nothing in this section authorizes a worker to share individual health information that is otherwise prohibited from disclosure under state or federal law. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1352, � 1, effective July 11. L. 2022: (1) and (2)(a) amended, (SB 22-097), ch. 274, p. 1973, � 1, effective May 31. 8-14.4-103. Principal post notice of rights - rules. (1) A principal shall post notice of a worker's rights under this article 14.4 in a conspicuous location on the principal's premises. (2) The division shall promulgate rules to establish the form of the notice required in subsection (1) of this section. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1, effective July 11. 8-14.4-104. Relief for aggrieved person. (1) A person may seek relief for a violation of this article 14.4 by: (a) Filing a complaint with the division pursuant to section 8-14.4-105; or (b) Bringing an action in district court pursuant to section 8-14.4-106. (2) A person shall exhaust administrative remedies pursuant to section 8-14.4-105 prior to bringing an action in court. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1, effective July 11. 8-14.4-105. Enforcement by the division - rules. (1) (a) Within two years after an alleged violation of this article 14.4, an aggrieved individual or whistleblower may file a complaint against a principal with the division as specified in this subsection (1). (b) Until the date the division makes a complaint form publicly available: (I) An aggrieved individual or whistleblower may file a complaint of a violation of this article 14.4 with the division in any form, by mail or electronic mail; (II) The division may later require the aggrieved individual or whistleblower to complete the division's complaint form; and (III) The filing date is the date of the claimant's original filing, even if the division later requests additional information or completion of the division's complaint form. (c) After the division makes a complaint form publicly available, an aggrieved individual or whistleblower may file a complaint only by completing the required form. (2) The division shall either: (a) Investigate alleged principal violations of, or interference with rights or responsibilities under, this article 14.4 and complaints filed with the division by aggrieved individuals and whistleblowers; or (b) Authorize an aggrieved individual or whistleblower to proceed with an action in district court as provided in sections 8-14.4-106 and 8-14.4-107. A person who receives authorization pursuant to this subsection (2)(b) is considered to have exhausted administrative remedies. (3) In an investigation of alleged principal retaliation or interference with worker rights, if an investigation yields a determination that: (a) A violation has occurred, the division may award reasonable attorney fees and impose fines pursuant to section 8-1-140 (2); (b) Rights of multiple workers have been violated, the violation as to each worker is a separate violation for purposes of fines, penalties, or other remedies; and (c) A worker was fired, voluntarily left employment, or experienced a reduction in pay due to a principal's violation, the determination may include an order to: (I) Reinstate or rehire the worker and pay the worker's back pay until reinstatement or rehiring; or (II) Pay the worker front pay for a reasonable period after the order, if reinstatement or rehiring is determined not to be feasible. (4) Determinations made by the division under this section are appealable pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1, effective July 11. 8-14.4-106. Relief authorized. (1) An aggrieved individual may, within ninety days after exhausting administrative remedies pursuant to section 8-14.4-105, commence an action in district court against a principal for a violation of this article 14.4. (2) A court may order affirmative relief that the court determines to be appropriate, including the following relief, against a respondent who is found to have engaged in a discriminatory, adverse, or retaliatory employment practice prohibited by this article 14.4: (a) Reinstatement or rehiring of a worker, with or without back pay; (b) The greater of either: (I) Ten thousand dollars; or (II) Any lost pay resulting from the violation, including back pay for a reinstated or rehired worker and front pay for a worker who is not reinstated or rehired; and (c) Any other equitable relief the court deems appropriate. (3) (a) In addition to the relief available pursuant to subsection (2) of this section, in a civil action brought by a plaintiff under this article 14.4 against a defendant who is found to have engaged in an intentional discriminatory, adverse, or retaliatory employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3). (b) A plaintiff may recover punitive damages against a defendant if the plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory, adverse, or retaliatory employment practice with malice or reckless indifference to the rights of the plaintiff. However, if the defendant demonstrates good-faith efforts to comply with this article 14.4 and to prevent discriminatory, adverse, and retaliatory employment practices in the workplace, the court shall not award punitive damages against the defendant. (c) A plaintiff may recover compensatory damages against a defendant for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. (d) In determining the appropriate level of damages to award a plaintiff who has been the victim of an intentional discriminatory, adverse, or retaliatory employment practice, the court shall consider the size and assets of the defendant and the egregiousness of the discriminatory, adverse, or retaliatory employment practice. (e) Compensatory or punitive damages awarded pursuant to this subsection (3) are in addition to, and do not include, front pay, back pay, interest on back pay, or any other type of relief awarded pursuant to subsection (2) of this section. (4) If a plaintiff in a civil action filed under this article 14.4 seeks compensatory or punitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury. (5) The court shall award reasonable attorney fees to a plaintiff who prevails in an action brought pursuant to this section. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1355, � 1, effective July 11. 8-14.4-107. Whistleblower enforcement - qui tam - definition. (1) As used in this section, whistleblower means a worker with knowledge of an alleged violation of this article 14.4, or the worker's representative. (2) (a) A whistleblower who has exhausted the administrative remedies pursuant to section 8-14.4-105 may bring a civil action against a principal for a violation of this article 14.4 on behalf of the state in district court pursuant to this section. The state may intervene in the action to prosecute in its own name. (b) At the time that the action is filed, the whistleblower shall give written notice to the division of the specific provisions of this article 14.4 alleged to have been violated. (c) If the court finds that a violation has occurred, the court may enter a judgment against the principal of not less than one hundred dollars and not more than one thousand dollars for each violation, and for appropriate injunctive and equitable relief. The court shall award the whistleblower reasonable attorney fees. The attorney fees are not subject to the distribution specified in subsection (3) of this section. (3) The proceeds of any judgment entered pursuant to this section shall be distributed as follows: (a) Seventy-five percent to the division for enforcement of this article 14.4; and (b) Twenty-five percent to the first whistleblower who filed the action. (4) The right to bring an action under this section shall not be impaired by any private contract. An action under this section shall be tried promptly, without regard to concurrent adjudication of private claims. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, � 1, effective July 11. 8-14.4-108. Rule-making. The division may promulgate rules necessary to implement this article 14.4. Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, � 1, effective July 11. 8-14.4-109. Agricultural employers - responsibilities during public health emergency - worker safety protections - definition. (1) During a public health emergency, in addition to the other protections and rights afforded to workers, a principal engaged in agricultural employment shall: (a) (I) Except as provided in subsection (1)(a)(II) of this section, provide each worker living in employer-provided housing with: (A) In a single-occupancy unit where the worker is housed alone, at least eighty square feet of combined sleeping and living quarters; (B) In multiple-occupancy housing, at least one hundred square feet of sleeping quarters per worker and one hundred twenty square feet of space per worker in areas used for combined purposes such as meal preparation and eating; and (C) In all housing, screened windows that open to the outside or living space that has an air filtration system. (II) A principal engaged in agricultural employment may, as an alternative to complying with subsection (1)(a)(I) of this section, comply with alternative protections applicable to housing identified in a public health order issued by the department. (b) Provide each worker actively engaged in the open-range production of livestock with: (I) A single occupancy mobile housing unit, regardless of any variances otherwise available pursuant to 20 CFR 655.235; or (II) Alternative protections applicable to housing identified in a public health order issued by the department; (c) Allow the department to consult with the department of public health and environment in enforcing this section; (d) Provide training to workers concerning safety precautions and protections during a public health emergency; and (e) Provide informational and educational materials through posters and pamphlets written in English and Spanish and any other relevant languages in employer-provided housing, work sites, and other places where the principal usually posts information for the workers that: (I) Lists the contact information for the Migrant Farm Worker Division of Colorado Legal Services, or its successor organization, where a worker may receive free and confidential legal services; and (II) Informs the workers regarding federal and state guidance concerning a public health emergency. (2) As used in this section, public health emergency means a statewide public health emergency declared by executive order regarding COVID-19, the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2, or another communicable disease as defined in section 25-1.5-102 (1)(a)(IV) that is transmissible from person to person. Source: L. 2021: Entire section added, (SB 21-087), ch. 337, p. 2184, � 8, effective June 25. L. 2022: (1)(a), (1)(b), and (1)(c) amended and (2) added, (HB 22-1313), ch. 373, p. 2654, � 1, effective June 3. Workers' Compensation Cost Containment Cross references: For the Workers' Compensation Act of Colorado, see articles 40 to 47 of this title. ARTICLE 14.5 Cost Containment 8-14.5-101. Short title. This article shall be known and may be cited as the Workers' Compensation Cost Containment Act. Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: Entire section amended, p. 556, � 4, effective July 1. 8-14.5-102. Legislative declaration. The general assembly hereby finds and declares that any adjustments to premiums for workers' compensation insurance be granted on the basis of equity, rate adequacy, fairness, and insurer compliance with Colorado insurance rating laws. The general assembly further finds and declares that notwithstanding the granting of different rates to insureds for their experience modification, participation in return-to-work programs, and premium volume discounts not exceeding fifteen percent, any other premium adjustments should be principally weighted in a manner primarily encouraging the adoption and successful implementation by insureds of effective workplace safety programs mainly encompassing risk management and medical cost containment procedures. Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: Entire section amended, p. 556, � 5, effective July 1. L. 93: Entire section amended, p. 2083, � 1, effective July 1. 8-14.5-103. Definitions. As used in this article, unless the context otherwise requires: (1) Approved program means a cost containment or risk management program approved by the board. (2) Board means the workers' compensation cost containment board established pursuant to section 8-14.5-104. (3) Certified program means a cost containment or risk management program which has been implemented for a period of at least one year and certified by the board. (3.5) Commissioner means the insurance commissioner, appointed pursuant to section 10-1-104, C.R.S. (4) Department means the department of labor and employment. (5) Director means the director of the division. (6) Division means the division of workers' compensation in the department of labor and employment. (7) High risk employer means any employer classified in the upper ten percent of the insurance rate schedule in the Colorado workers' compensation insurance system. (8) Managed care shall have the meaning set forth in section 8-42-101 (3.6)(p)(I)(B). (9) Workplace safety program means those programs offered by insurance carriers authorized to do business in this state for purposes of workers' compensation insurance policies and implemented by employers to promote cost containment and risk management of workplace safety hazards. Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: (2) amended, p. 1836, � 4, effective May 31; (2) amended, p. 556, � 6, effective July 1. L. 93: (3) amended, p. 1723, � 1, effective June 6; (3.5) and (7) to (9) added, p. 2083, � 2, effective July 1. Editor's note: Amendments to subsection (2) by House Bill 90-1160 and House Bill 90-1316 were harmonized. 8-14.5-104. Creation of board. (1) (a) There is created in the division the workers' compensation cost containment board, to be composed of seven members as follows: (I) The commissioner of insurance; (II) The chief executive officer of Pinnacol Assurance; and (III) Five members appointed by the governor and confirmed by the senate. The appointed members of the board shall be chosen among the following: (A) Employers or their designated representatives engaged in businesses having workers' compensation insurance rates in the upper five percent of the rate schedule; (B) Actuaries or executives with risk management experience in the insurance industry; or (C) Employers who have demonstrated good risk management experience with respect to their workers' compensation insurance. (b) (I) The appointed members of the board shall serve for terms of three years and may be reappointed; except that the terms shall be staggered so that no more than three members' terms expire the same year. (II) The chief executive officer of Pinnacol Assurance and the commissioner of insurance shall serve continuously. (2) Members of the board serve without compensation but are entitled to reimbursement for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of the board. (3) The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department and the director of the division. Source: L. 89: Entire article added, p. 377, � 1, effective July 1. L. 90: (1) amended, p. 557, � 7, effective July 1. L. 2002: (1) and (3) amended, p. 1880, � 25, effective July 1. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 4, � 3, effective February 25; (2) amended, (SB 22-162), ch. 469, p. 3383, � 86, effective August 10. Editor's note: Amendments to this section by SB 22-013 and SB 22-162 were harmonized and relocated to subsection (3). Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022. 8-14.5-105. Powers and duties of board - rules. (1) The board shall have the following powers and duties: (a) To establish model cost containment and risk management programs for selected classifications in the upper ten percent of the insurance rate schedule under the Colorado workers' compensation insurance program; (b) To adopt standards for the approval of particular cost containment and risk management programs submitted by community, technical, or local district colleges or by employers in those selected high risk classifications; (c) To receive, evaluate, and certify cost containment and risk management programs implemented by community, technical, or local district colleges or by employers in those selected high risk classifications for a period of at least one year; (d) To promote cost containment and risk management training by community, technical, or local district colleges, employers, groups of employers, or trade associations; (e) To review annually the classifications in the upper ten percent of the insurance rate schedule under the Colorado workers' compensation insurance program for inclusion in the cost containment program; (f) To set the qualifications for technical personnel to assist community, technical, and local district colleges and employers in establishing risk management and cost containment programs; (g) To disseminate information regarding the types of workers' compensation insurance policies available; (h) To adopt such rules and regulations as may be necessary to carry out the purposes of this article. Source: L. 89: Entire article added, p. 377, � 1, effective July 1. L. 90: (1)(a), (1)(e), and (1)(g) amended, p. 557, � 8, effective July 1. L. 91: Entire section amended, p. 1353, � 1, effective April 20. 8-14.5-106. Duties of director. (1) The director shall have the following powers and duties: (a) To provide technical advice to the board; (b) To provide technical advice and assistance to community, technical, or local district colleges, employers, groups of employers, or trade associations with respect to the development and implementation of cost containment and risk management programs; (c) To publish, as may be appropriate, documents relating to the development and implementation of cost containment and risk management programs; (d) To maintain records of all proceedings of the board, including the evaluation of proposals for cost containment and risk management programs submitted by employers and by community, technical, or local district colleges; (e) To maintain records of all employers and community, technical, or local district colleges with certified programs. Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 91: Entire section amended, p. 1354, � 2, effective April 20. 8-14.5-107. Cost containment certification. Any employer complying with an approved program for at least one year may present evidence of such compliance to the board and petition the board to certify its program. The names of such certified employers shall be made available on a periodic basis to bona fide insurance carriers on file with the division. Source: L. 89: Entire article added, p. 378, � 1, effective July 1. 8-14.5-107.5. Workplace safety programs - study by commissioner. (1) The commissioner shall undertake a full study of current workplace safety, risk management, and cost containment programs offered by insurers, including Pinnacol Assurance, a review and analysis of the various incentives used by insurers to obtain policyholder participation, including any premium adjustment programs in use, and shall evaluate other possible programs and incentives that could be used by insurers to expand workplace safety programs and reward policyholder participation. The commissioner shall consult with the Colorado department of labor and employment in conducting the study. Such study, review and analysis, and evaluation shall include but not be limited to the following: (a) Whether or not by a date certain, all insurers including Pinnacol Assurance issuing workers' compensation insurance policies in this state shall offer all insureds in the ten most populous counties a managed care plan featuring a designated medical provider; (b) Whether or not by a date certain, if it is in the best interest of employers and employees, all insurers including Pinnacol Assurance issuing workers' compensation insurance policies in this state shall offer to all or some selected classes of insureds some type of basic workplace safety program; (c) Whether or not the board or the commissioner should continue providing certification of workplace safety programs or whether such certification should be provided by insurers for insureds; (d) Whether or not by July 1, 1995, the commissioner should promulgate regulations concerning the granting of premium adjustments for an insured's participation and implementation of a basic workplace safety program or managed care program; (e) The participation by insureds in existing workplace safety programs offered by insurers and the methods by which insurers offer such programs; (f) Insurer compliance with deductible provisions; (g) Insurer compliance with the provisions of part 4 of article 4 of title 10, C.R.S., regarding the current design and use of any premium adjustment, rate deviation, premium discount, retro-rate, scheduled adjustment, or other type of financial plan and their effect on the fairness and reasonableness of rates for those insureds not qualifying for experience or schedule rating; (h) The efficacy of reducing the premium dollar volume needed for an insured to become experience rated; (i) A cost benefit analysis of implementation of workplace safety programs. (2) (a) Repealed. (b) Insurers shall make all necessary information and records pertaining to workplace safety programs of such insurers available to the commissioner in carrying out the study required by subsection (1) of this section. The reasonable costs of such study shall be borne by insurers, including Pinnacol Assurance, as determined by the commissioner based on the total cost of such study. Source: L. 93: Entire section added, p. 2084, � 3, effective July 1. L. 97: (2)(a) repealed, p. 1474, � 6, effective June 3. L. 2002: IP(1), (1)(a), (1)(b), and (2)(b) amended, p. 1881, � 26, effective July 1. 8-14.5-108. Cost containment fund - creation. All moneys collected for cost containment pursuant to section 8-14.5-109 or 8-44-112 (1)(b)(III) shall be transmitted to the state treasurer who shall credit the same to the cost containment fund, which fund is hereby created. All moneys credited to said fund and all interest earned thereon shall be subject to appropriation by the general assembly to pay the direct and indirect costs of the cost containment program, and said moneys shall remain in such fund for such purposes and shall not revert to the general fund or any other fund. Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 90: Entire section amended, p. 1841, � 24, effective July 1. 8-14.5-109. Grants-in-aid - cooperative agreements. The division may receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions, for the purpose of carrying out the provisions of this article. Source: L. 89: Entire article added, p. 378, � 1, effective July 1. 8-14.5-110. Repeal of article. (Repealed) Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 92: Entire section repealed, p. 1810, � 1, effective March 16. Apprenticeship and Training ARTICLE 15 Pre-apprenticeships and Apprenticeships