In recent years, the importance of protecting workers who raise concerns about health and safety in the workplace has gained renewed attention, especially during public health emergencies. In Colorado, the Protected Health/Safety Expression and Whistleblowing (PHEW) Law offers robust protections for employees who report unsafe working conditions or violations of health and safety standards. This law, which specifically addresses the unique challenges posed by public health emergencies, empowers workers to speak up without fear of retaliation from their employers.
What Is the PHEW Law?
The PHEW Law provides a private right of action, meaning that employees who face retaliation for raising health and safety concerns related to public health orders can sue their employer. This legal protection is especially significant in sectors like healthcare, where employees are often on the front lines of public health crises and are in a unique position to witness and report unsafe practices that could jeopardize public health.
The law recognizes that health and safety violations in the workplace not only threaten the well-being of employees but can also put vulnerable populations at risk. In the context of healthcare, where adherence to safety protocols is vital, workers who report these violations play a critical role in maintaining a safe environment for both patients and staff.
How PHEW Differs from General Whistleblower Laws
While many states, including Colorado, have laws to protect employees who report a range of illegal activities or unethical behavior, the PHEW Law has a more narrow, targeted focus. It is specifically designed to protect workers who report health and safety violations, particularly in the context of public health emergencies.
Unlike general whistleblower protections, which cover a broad spectrum of misconduct—ranging from financial fraud to environmental violations—the PHEW Law is geared toward addressing concerns about health and safety practices that may be critical during events like pandemics, natural disasters, or other emergencies.
For example, in the case of Mitchell v. S. Health Partners, Inc., 699 F. Supp. 3d 1149, 1160 (D. Colo. 2023) a healthcare worker successfully argued that her employer retaliated against her for reporting concerns related to public health orders. This case highlights the specific protections afforded by the PHEW Law to employees in healthcare settings, where safety violations could have life-or-death consequences.
Why the PHEW Law Is Necessary
While there are several whistleblower protection laws at the federal and state levels, including the Colorado Whistleblower Protection Act, which safeguards state employees who report misconduct, these laws do not specifically address health and safety concerns during public health emergencies. Federal laws like the Occupational Safety and Health Act (OSHA) offer broad protections for workers, but they may not adequately cover the specific challenges posed by public health crises.
PHEW was enacted to fill this gap, providing workers with tailored protections during times of heightened risk and uncertainty. As healthcare systems, for instance, face increased scrutiny during public health emergencies, the PHEW Law ensures that employees who highlight violations of health and safety standards are protected from retaliation, such as wrongful termination, harassment, or other adverse actions by their employers.
Conclusion
The PHEW Law is a crucial piece of legislation that ensures employees who report health and safety violations during public health emergencies—especially in healthcare settings—are not retaliated against by their employers. By offering a tailored legal remedy, PHEW not only enhances workplace safety but also provides important avenues for legal action and financial recovery for affected employees.
As public health emergencies continue to shape our collective experience, the PHEW Law offers an important safeguard for workers who help ensure that health and safety standards are upheld, even under the most challenging circumstances.
Remember that the key word for this law is a declared public health emergency – this law should probably not be the basis for a regular whistleblower in the healthcare setting. See that applicable portion below.
(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.
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