Denver — A proposed rule aimed at preventing minors in Colorado from performing any “hazardous occupation” currently prohibited by the U.S. Department of Labor is awaiting approval from the state’s attorney general.
If approved, the rule – introduced Sept. 30 – would be adopted by the Colorado Department of Labor and Employment. It would supplement the Colorado Youth Employment Opportunity Act, which includes various protections for workers younger than 18.
Under the proposed rule, employers would be prohibited from allowing minors to:
- Violate – or be injured/at risk of injury because of a violation of – any occupational safety and health standards within 29 CFR Parts 1910, 1926 and 1928 (2025).
- Work in enclosed spaces that – by design or construction – have limited openings for entry and egress.
- Be exposed to toxic or hazardous substances.
- Lift excessive weights.
During a Nov. 6 public hearing hosted by CDLE to discuss the proposal, Nina DiSalvo, policy director at the nonprofit legal organization Towards Justice, suggested that the rule “further clarify that the protections in Colorado law build on federal requirements for the employment of children under the Fair Labor Standards Act (of 1938).” She also recommended that the rule emphasize that it’s referring to the standards as they exist in 2025.
In previous correspondences, CDLE stated that “when both federal and state laws apply, the more stringent standard must be observed.”
The nonprofit Economic Policy Institute joined Towards Justice in supporting the proposed rule.
“While many states have, unfortunately, sought to weaken child labor protections, other states – including Colorado – have recognized that weak, outdated child labor laws have contributed to the ongoing U.S. child labor crisis and have responded by strengthening and modernizing state protections for minors who work,” Nina Mast, policy and economic analyst at EPI, said in comments submitted for the hearing.
The proposed rule sits on the desk of Attorney General Tim Weiser. If approved, it will go into effect in its adopted form on Jan. 1.
