This story was produced as part of the Colorado Capitol News Alliance. It first appeared at cpr.org.
Berenice Garcia has worked on the production line at the JBS meatpacking plant in Greeley for about four years.
“I am on my feet the entire shift, keeping pace with the line,” she told lawmakers through a translator at a recent committee hearing at the state Capitol. “I'm given one lunch break and two 15-minute breaks. However, that doesn't mean your body only needs to use the bathroom at those given times.”
Garcia described feeling embarrassed and belittled at work when she needed to use the bathroom.
“Your supervisor looks you in the eyes and tells you no. Not wait, but no,” Garcia said. “I explained that I really needed to go, but it didn't matter. I was in pain the rest of the day and even after I got home because I was forced to hold it for so long.”
Stories like Garcia’s prompted Colorado Democrats to run Senate Bill 160, focused on conditions at large meatpacking plants. It cleared both chambers, along party lines in the House, with two Republicans voting with Democrats in the Senate to send it to the governor’s desk. In addition to bathroom breaks, it would require meatpacking plants with 500 or more employees to pay for workers’ personal protective equipment.
“Ultimately, this is about ensuring that basic workplace dignity and safety standards are upheld consistently across Colorado regardless of federal enforcement changes or gaps,” said Democratic Rep. Matt Martinez of Monte Vista, one of the main sponsors. “This bill does not create new standards. It ensures existing standards are actually upheld.”
It’s part of a larger suite of bills aimed at shoring up state worker safety protections amid declining federal workplace safety regulations under the Trump administration. Federal standards currently require employers to pay for personal safety equipment and allow for bathroom breaks, but workers at the JBS meatpacking plant in Greeley say that’s not being enforced on the production line.
“A rule without enforcement is not protection, it is just a suggestion,” said UFCW Local 7 Union representative Tchelly Moise.
While bill backers called it a no-brainer, opponents said existing federal standards make it redundant and questioned why the state would pass a law to deal with one particular situation that, in their view, should be negotiated between JBS and the meatpacking union, UFCW Local 7.
“It's against the law to not have bathroom breaks already,” said Republican Rep. Rebecca Keltie from Colorado Springs. “I don't know that we need a law to do something that the unions should have done.”
Recently, 3,000 JBS workers went on strike and walked off the job for more than four weeks to push for better safety measures and pay. Union negotiators ultimately won a contract that required the company to pay for workers’ personal protective equipment. But union officials say the legislation is still necessary to hold JBS to that contract, and bathroom breaks were not part of the union agreement.
Meanwhile, Governor Jared Polis has remained quiet on his intentions.
“Governor Polis wants to make sure Colorado is the best state for business, and that includes strengthening, protecting, and supporting our workforce,” Spokesperson Eric Maruyama wrote in an emailed statement. “He will review the final version of any of these bills that reach his desk.”
Uncertain federal enforcement
A growing lack of federal enforcement of worker protection rules also prompted two other Democratic bills this session.
One measure would create state-level occupational health and safety regulations to kick in if federal protections are repealed. New data shows that the Trump administration is scaling back inspections and enforcement as it attempts to roll back regulations and close some Occupational Safety and Health Administration (OSHA) offices.
The federal data shows work site inspections dropped 20% in the first six months after President Trump took office.
“If the federal government decides to gut its safety enforcement, Colorado will step up and protect our neighbors,” said Democratic Rep. Manny Rutinel of Commerce City.
Meanwhile, lawmakers significantly narrowed a third bill aimed at protecting workers from extreme temperatures who work outside in the elements in industries like agriculture, construction and outdoor recreation. Excessive heat and cold are growing concerns for workers as climate change intensifies and increases the frequency of extreme temperature events.
Federal standards for extreme heat in the workplace were developed but not implemented under Joe Biden’s administration and now face an uncertain fate under Trump.
“OSHA is so limited,” said Democratic Rep. Elizabeth Velasco, who sponsored the proposal. “We're seeing changes from funding to capacity to a different administration that is rolling back protections.”
Velasco had hoped to fill that void with a state law, but said it was ultimately too costly to implement given the state’s tight budget this year.
The version that remains in play at the statehouse no longer sets its sights on new standards and is instead limited to collecting data that could be used to inform future regulations.
“In my wildest dreams, I would have a state agency that could enforce workers' protections and that would support businesses and industry with best practices,” Velasco said. “But at this juncture, with our fiscal situation, it was just not possible.”
