7 CCR 1103-15-4 - Access to Key Service Providers
4.1
Purpose. This Rule 4 provides, in addition to the access to key
service providers and (for housed employees) access to visitors and to offsite
services required by statute (C.R.S. §
8-13.5-202, copied below in
Appendix A, and incorporated into this Rule 4 by reference), "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"
(C.R.S. §
8-13.5-202(1)(c)),
including difficulty planning appointments with, communicating with, following
up with, and reviewing information from key service providers.
4.2
Communication access to off-site
providers.
4.2.1 Employees shall be
provided and permitted to use during breaks a location with phone service and
internet access that allows as much privacy and quiet as possible.
(A) If an employee living in
employer-provided housing lacks a device for phone or internet access, then the
employer shall provide a device when the employee needs to use one.
(B) If the worksite lacks phone or internet
service, then the employer (1) shall permit an employee with their own
transportation (as described in C.R.S. §
8-13.5-202(1)(f))
to travel to such a site with service, or (2) shall, for an employee living in
employer-provided housing without transportation of their own, provide
transportation to a site with service within 24 hours of the employee's request
(which may be the same transportation that satisfies the requirements of C.R.S.
§
8-13.5-202(1)(e)
to provide workers transportation for service provider access, if the employee
is provided adequate time for the activities identified in §
202(1)(e)).
(C) If an employer
cannot provide an employee with the communication access detailed in (A) and
(B), then it shall provide meaningful access to key service providers by
alternate means, including at the worksite.
4.2.2 In any workweek of over 40 hours, an
employee who requests at least 24 hours in advance shall be permitted, at least
once per week, to extend a meal period or other 30-minute break to up to 60
minutes (the extra time may be unpaid) to communicate with a key service
provider of their choice during the provider's hours of operation. For range
workers, an employer may require 72 hours' notice (except for health emergency
needs) before permitting up to 60 minutes for such communication with a key
service provider. If an employer denies a request made less than 24 hours in
advance (or less than 72 hours in advance for a range worker), the employer
must allow the employee to extend a different break during that workweek or any
break during the next workweek (in addition to other breaks to which the
employee may be entitled).
4.2.3 An
employer shall promptly provide an employee all mail or other communications
(written, electronic, or verbal) it receives that were sent to or left for the
employee.
4.3
Additional break time to facilitate service provider access during long
workweeks. An employer shall provide (in addition to other rest, meal,
or other breaks provided by these Rules, the COMPS Order, or other statutes or
rules) to employees other than range workers one additional paid break of 60
minutes in any workweek of over 60 hours worked, and two such paid breaks in
any workweek of over 70 hours.
4.3.1 If an
employer had no reason to believe an employee would exceed 60 or 70 hours until
the last day of the week, it may instead provide the additional break time the
following week.
4.3.2 During this
additional break time, employees shall be permitted to leave the worksite and
to use the time either to directly support their access to a key service
provider's hours of operation, or as indirect support by using the time for
other needs (meals, rest, other services, etc.) that may facilitate their
access to key service providers at other times.
4.3.3. Paid break time under this rule shall
be compensated at the same rate as time worked and is governed by the COMPS
Order provisions applicable to paid rest periods.
Notes
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