First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0933.01 Jery Payne x2157 HOUSE BILL 15-1375 HOUSE SPONSORSHIP Singer, SENATE SPONSORSHIP Crowder, House Committees Senate Committees Business Affairs and Labor A BILL FOR AN ACT Concerning ladder safety. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires a ladder to be secured if it is used on an unstable or elevated surface. Construction workers must follow federal, state, and local laws concerning ladders. Construction entities are encouraged to establish safety training programs for job-site use of ladders, and insurance providers are encouraged to implement programs that lower insurance premiums for construction entities that establish training and safety programs. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds, determines, and declares that: (a) Falls are the leading cause of accidental death in construction, and every year, falls from ladders make up nearly a third of those deaths; (b) Falls remain a leading cause of unintentional injury mortality nationwide, and forty-three percent of fatal falls in the last decade have involved ladders; (c) Among construction workers, an estimated eighty-one percent of fall injuries treated in emergency rooms involve a ladder; (d) Unsecured ladders are the leading cause of ladder injuries including deaths; (e) Falls from ladders can be prevented and lives can be saved by following appropriate workplace safety practices; (f) Employers have a responsibility to provide training and a safe and healthful workplace for their workers and to provide the right equipment for their workers to do their jobs safely and efficiently; and (g) Using proper equipment and training, employers can recognize economic benefits through fewer health care claims, reduced loss of time on the job, reduced worker injuries, reduced health care costs, and reduced workers' compensation claims. SECTION 1. In Colorado Revised Statutes, add article 5.6 to title 9 as follows: ARTICLE 5.6 Ladders 9-5.6-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Construction entity" means any person who employs a construction worker to build, repair, or improve land, structures, or facilities. (2) "Construction worker" means an individual who builds, repairs, or improves land, structures, or facilities for remuneration. (3) "Ladder" means a structure that: (a) Commonly consists of two side pieces between which a series of bars or rungs are set; (b) Forms a means of climbing up or down; and (c) Are designed to be used at an angle of seventy-five degrees. 9-5.6-102. Ladder safety. Except as provided in section 9-5.6-103, a construction worker shall obey any federal, state, and local law governing ladder use. 9-5.6-103. Ladders secured. If a ladder is being used on an unstable or elevated surface, a construction worker shall not use the ladder unless it is secured. 9-5.6-104. Emergencies. Notwithstanding section 9-5.6-102, a construction worker may use a ladder in violation of federal, state, and local law governing ladder use in an emergency that threatens the safety of any person. 9-5.6-105. Construction entities - training programs encouraged. All construction entities are encouraged to establish safety training programs for job site use of ladders. 9-5.6-106. Training benefits. Using proper equipment and training, employers can recognize economic benefits through fewer health care claims, reduced loss of time on the job, reduced worker injuries, reduced health care costs, and reduced workers' compensation claims. 9-5.6-107. Insurance gains. Insurance providers are encouraged to implement programs that lower insurance premiums for construction entities that establish training and safety programs for ladder use. SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.