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Subchapter 002A: ELEVATORS AND CONVEYANCES
§ 141. Purpose; definitions
(a) The purpose of this subchapter is to ensure that elevators and other automated conveyances
are correctly and safely installed and operated within the State by authorizing and
enforcing rules for the design, installation, operation, and maintenance of automated
people conveyances, and by licensing mechanics and inspectors who work on these conveyances.
(b) As used in this subchapter:
(1) “Board” means the Elevator Safety Review Board.
(2) “Certificate of operation” means a document issued by the Department indicating that
a conveyance has passed the required safety inspection, and the conveyance may be
operated for a year from the date the certificate is issued.
(3) “Commissioner” means the Commissioner of Public Safety or the Commissioner’s designee.
(4) “Conditional certificate of operation” means a document issued by the Department that
permits a conveyance that is not in compliance with rules adopted under this subchapter,
but, after inspection, has been deemed safe for temporary operation to operate for
up to 30 days or until the conveyance is in compliance, whichever occurs earlier.
(5) “Conveyance” means an electrically driven mechanical device that moves people or materials
vertically, and includes elevators, escalators, platform lifts, and stairway chairlifts.
(6) “Department” means the Department of Public Safety.
(7) “Elevator inspector” means an individual who is licensed by the Commissioner to perform
safety inspections of newly installed and existing conveyances.
(8) “Elevator mechanic” means an individual who is licensed by the Commissioner to erect,
construct, install, alter, service, repair, and maintain conveyances.
(9) “Public building” has the same meaning as in 20 V.S.A. § 2730.
(10) “Lift mechanic” means an individual who is licensed by the Commissioner to erect,
construct, install, alter, service, repair, and maintain platform lifts and stairway
chairlifts. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44b, eff. June 27, 2002; 2005, No. 8, § 6, eff. April 25, 2005; 2023, No. 85 (Adj. Sess.), § 59, eff. July 1, 2024.)
§ 142. Conveyances regulated
(a) This subchapter regulates the design, construction, operation, inspection, testing,
maintenance, alteration, and repair of the following conveyances and associated parts
that are installed in or on a public building:
(1) hoisting and lowering mechanisms equipped with a car or platform, that moves between
two or more landings, including:
(A) elevators;
(B) platform lifts and stairway chairlifts;
(C) power-driven stairways; and
(D) escalators; and
(2) hoisting and lowering mechanisms equipped with a car that serves two or more landings
and is designed to carry material, not people, but not including dumbwaiters.
(b) This subchapter does not cover the conveyances that are regulated by the Vermont Tramway Board, by the rules of the Vermont Occupational Safety and Health Administration, or by the federal Mine Safety and Health Act, 30 U.S.C. § 801 et seq. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2023, No. 85 (Adj. Sess.), § 60, eff. July 1, 2024.)
§ 143. License required
No person shall erect, construct, wire, alter, replace, or maintain any conveyance
located in any public building in this State unless the person is licensed as an elevator
mechanic, except that person who is licensed as a lift mechanic may erect, construct,
wire, alter, replace, or maintain any conveyance located in any public building. An
apprentice or helper may perform any of the activities described in this section only
when a mechanic licensed under this chapter is physically present and is immediately
available to direct and supervise that apprentice or helper. (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2001, No. 151 (Adj. Sess.), § 44d, eff. June 27, 2002; 2005, No. 8, § 6a, eff. April 25, 2005.)
§ 144. Elevator Safety Review Board; members; duties
(a) The Elevator Safety Review Board is established within the Department, and shall consist
of seven members, one of whom shall be the Commissioner or designee, one of whom shall
be the Commissioner of Labor or designee, and five members to be appointed by the
Governor as follows: one representative from a major elevator manufacturing company;
one representative from an elevator servicing company; an owner or manager of a multistoried
building, in which a conveyance is installed; an elevator inspector; and an individual
who actually installs, maintains, and repairs conveyances. The members appointed by
the Governor shall be appointed for staggered terms of three years, and shall be entitled
to compensation and expenses as provided in 32 V.S.A. § 1010.
(b) The Board shall:
(1) Adopt rules regarding the following:
(A) Safety standards for the operation, maintenance, servicing, construction, alteration,
installation, and inspection of conveyances covered by this subchapter. At a minimum,
the Board shall adopt rules that include the Safety Code for Elevators and Escalators,
ASME A17.1; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the
Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard
for the Qualification of Elevator Inspectors, ASME QEI-1. The Board shall amend the
rules to include any changes or amendments to these standards within six months after
the effective date of the standard changes. The Board may adopt rules to modify these
standards as the Board deems necessary.
(B) Any other rule necessary to implement this subchapter.
(2) Grant variances, provided the variance provides an equal or greater level of public
safety. The decision of the Board in regard to an application for a variance shall
be final.
(c) The Board may:
(1) adopt rules for temporary elevator mechanic licenses in the event of an emergency;
and
(2) contract with a national testing service to develop and administer licensing examinations. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2007, No. 153 (Adj. Sess.), § 6a.)
§ 145. Elevator mechanic license and lift mechanic license
An individual shall submit to the Commissioner a written application for an elevator
mechanic or a lift mechanic license on a form provided by the Board, accompanied by
the required fee. A license shall be granted to an applicant who demonstrates to the
satisfaction of the Board that the applicant meets the qualifications established
by the Board. An individual who holds an elevator mechanic license may work on platform
lifts and stairway chairlifts without a lift mechanic license. An individual who holds
only a lift mechanic license may not work on elevators without an elevator mechanic
license. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44c, eff. June 27, 2002.)
§ 146. Elevator inspector license
An individual shall submit to the Commissioner a written application for an elevator
inspector license on a form provided by the Board, accompanied by the required fee.
A license shall be granted to an applicant who demonstrates to the satisfaction of
the Board that the applicant meets the qualifications established by the Board. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
§ 147. Examination not required
A license for elevator mechanic or inspector shall be issued to an applicant, upon
application and payment of the required fee, or to an individual who holds a comparable
valid license or certification from a state that has equal or more stringent requirements. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
§ 148. Issuance and renewal of licenses; fees
(a) A license issued by the Board shall be valid for two years. The Board may renew a
license, provided the applicant submits a written application for renewal accompanied
by the required fee prior to expiration of the license.
(b) Applicants for license renewal shall provide evidence, satisfactory to the Board,
of completion of eight hours of instruction approved by the Board, designed to ensure
the continued qualifications of the applicant.
(c) License and renewal fees are as follows:
(1) Elevator mechanic license: $75.00.
(2) Elevator inspector license: $150.00.
(3) Lift mechanic license: $50.00. (Added 2001, No. 60, § 1, eff. June 16, 2001; amended 2001, No. 151 (Adj. Sess.), § 44e, eff. June 27, 2002.)
§ 149. Civil penalties; suspension; revocation of license
After notice and hearing, the Board may suspend or revoke a license and assess administrative
penalties pursuant to section 156 of this title for any of the following reasons:
(1) fraud or deceit in obtaining the license;
(2) failure to notify the Department and the owner or lessee of a conveyance of noncompliance
of the conveyance with the standards adopted under this subchapter; or
(3) violation of any provisions of this subchapter. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
§ 150. Registration of conveyances
(a) The owner or lessee of a conveyance shall register the conveyance with the Department,
pursuant to rules adopted by the Board. The registration shall include the type, rated
load and speed, manufacturer, location, purpose, date of installation, and any additional
information the Board may require.
(b) The Commissioner may, after notice and hearing, assess an administrative penalty of
no more than $1,000.00 against a building owner or lessee who fails to register a
conveyance as required by this subchapter. (Added 2001, No. 60, §§ 1, 3a.)
§ 151. Permits
(a) No conveyance shall be erected, constructed, installed, or altered in a public building
unless a permit has been obtained from the Department before work is commenced. Before
a material alteration, as defined by rule, is begun, the conveyance shall conform
to rules adopted by the Board regulating the alteration. A copy of the permit shall
be kept at the construction site at all times while work is in progress.
(b) Each application for a permit shall be accompanied by a fee of $25.00, and copies
of specifications and accurately scaled and fully dimensioned plans that clearly indicate
location of the elevator in the building; the location of the machinery room and the
equipment to be installed, relocated, or altered; all structural supporting members,
including foundations; and a specification of all materials to be used and all loads
to be supported or conveyed. The plans and specifications shall be sufficiently complete
to illustrate all details of construction and design.
(c) A permit may be revoked for any of the following reasons:
(1) a false statement or a misrepresentation of a material fact in the application, plans,
or specifications on which the permit was based;
(2) failure of the permittee to perform work in accordance with the conditions of the
permit, the provisions of the application, plans, or specifications, or with the standards
required by this subchapter; or
(3) failure of the permit holder to comply with any order issued pursuant to section 154 of this title.
(d) Work shall commence within six months after the date of issuance of a permit, or within
a shorter period of time as the Commissioner may specify in the permit.
(e) A permit shall expire if work is suspended or abandoned for more than 60 days after
work has begun, or a shorter period of time as the Commissioner may specify in the
permit. For good cause shown, the Commissioner may extend this period. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
§ 152. New installations; annual inspections and registrations
(a) A new conveyance shall not be placed in operation until it has been inspected by an
elevator inspector other than the installer, and a certificate of operation has been
issued.
(b) Every conveyance subject to this subchapter shall be inspected annually by an elevator
inspector who may charge a fee for the service as established by the Board by rule.
Rules adopted by the Board under this subsection shall take into account the degree
of difficulty required by the inspection, the frequency of use of the conveyance,
and the mode of operation of the conveyance, such as cable, traction, hydraulic, light
use, or platform lift. The inspector shall notify the Department if a conveyance is
found to be in violation of this subchapter or any rule adopted under this subchapter.
(c) An elevator inspector shall issue a certificate of operation after the inspector has
inspected a new or existing conveyance, and has determined that the conveyance is
in compliance with this subchapter. A certificate of operation shall be renewed annually.
An owner of a conveyance shall ensure that the required inspections and tests are
performed at intervals that comply with rules adopted by the Board. Certificates of
operation shall be clearly displayed on or in each conveyance.
(d) The Department may issue a conditional certificate of operation for a conveyance that
is not in complete compliance, provided the conveyance has been inspected and determined
to be safe for temporary operation. This conditional certificate of operation shall
permit a conveyance to operate for no more than 180 days or until the conveyance is
in compliance, whichever occurs first.
(e) The inspector shall submit $25.00 of the fee charged for each inspection to the Department
for each certificate of operation issued under this subchapter.
(f) As established by the Board by rule, an inspector may charge a fee not to exceed $250.00
for each inspection, and this fee shall be subject to the provisions of 32 V.S.A.
chapter 7, subchapter 6.
(g) [Repealed.] (Added 2001, No. 60, § 1, eff. July 1, 2002; amended 2007, No. 153 (Adj. Sess.), § 6b.)
§ 153. Insurance requirements; license
A licensed elevator inspector shall submit to the Department an insurance policy,
or certified copy issued by an insurance company authorized to do business in Vermont,
that provides general liability coverage in an amount to be determined, by rule. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
§ 154. Enforcement
(a) The Commissioner may contract with elevator inspectors to perform random on-site inspections
and tests on existing conveyances, conduct periodic inspections and tests to ensure
satisfactory performance by licensed individuals, and develop public awareness programs.
(b) If the Commissioner finds a violation of this subchapter, the Commissioner may:
(1) order the owner of the premises or the owner’s agent and the individuals performing
the work to correct or remove the violation;
(2) suspend or retract the permit; or
(3) order the owner, a public utility, or a private party furnishing electricity to the
installation not to connect or disconnect electrical energy from the conveyance until
the violation is corrected. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
§ 155. Liability
This subchapter shall not be construed to relieve any person that owns, operates,
controls, maintains, erects, constructs, installs, alters, inspects, tests, or repairs
any elevator or other conveyance covered by this subchapter from liability for damages
to persons or property caused by any defect in any conveyance. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
§ 156. Penalty
(a) Any owner or lessee who violates any of the provisions of this subchapter shall be
fined not more than $1,500.00 for each occurrence.
(b) The Commissioner may, after notice and hearing, assess an administrative penalty of
not more than $1,000.00 for each violation of this subchapter.
(c) Any person who erects, constructs, wires, alters, replaces, or maintains any conveyance
located in any public building in this State without being licensed as required by
this subchapter, or who employs an unlicensed person to perform this work, shall be
fined not more than $1,000.00 for each offense. (Added 2001, No. 60, § 1, eff. July 1, 2002.)
§ 157. Elevator Safety Fund; creation
The Elevator Safety Fund is created for the purpose of funding the Elevator Safety
Inspection and Licensing Program. All revenues from fees collected for licensing elevator
mechanics and inspectors, and issuing permits and certificates of operation, shall
be deposited in the Fund. The Commissioner, pursuant to an appropriation from the
Fund, shall request disbursements from the Fund by the Commissioner of Finance and
Management. The Fund shall be maintained by the State Treasurer and shall be managed
in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5. (Added 2001, No. 60, § 1, eff. June 16, 2001.)
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Subchapter 004: GENERAL PROVISIONS
§ 201. Occupational policy
(a) It is the policy of the State of Vermont that in their employment all persons shall
be provided by their employers with safe and healthful working conditions at their
workplace, and that insofar as practicable an employee shall not experience diminished
health, functional capacity, or life expectancy as a result of the employee’s work
experience.
(b) It is also the policy of the State that practices and procedures prescribed by an
employer for performance of work or duties by the employer’s employees shall not be,
insofar as practicable, dangerous to the life, body, or well-being of the employees.
(c) It is the intent of the General Assembly that:
(1) The provisions of the Occupational Safety and Health Act of 1970, as enacted by the
U.S. Congress, which may be administered by a state agency, shall be administered
and enforced in this State, by the State.
(2) To effectuate the policy of the State, standards promulgated under the Occupational
Safety and Health Act of 1970, as amended, when applicable to employment in the State
of Vermont, shall be prescribed in rules adopted under this subchapter.
(3) The State of Vermont shall cooperate with the appropriate federal agencies in carrying
out the purposes of the Occupational Safety and Health Act of 1970 and the VOSHA Code
of the State. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 126; 2023, No. 85 (Adj. Sess.), § 61, eff. July 1, 2024.)
§ 202. General purpose
The purpose of this chapter is to provide efficient implementation of the policy of
the State expressed in section 201 of this title. (Added 1971, No. 205 (Adj. Sess.), § 1.)
§ 203. Definitions
As used in this chapter:
(1) “Act” means the Occupational Safety and Health Act of 1970 and rules adopted pursuant
to that Act, as amended.
(2) “Commissioner” means the Commissioner of Labor or designee.
(3) “Department” means the Department of Labor.
(4) “Director” means the Director of Occupational Health.
(5) “Division” means the Division of Occupational Health.
(6) “Employee” means any person engaged in service to an employer for wages, salary, or
other compensation, excluding an independent contractor.
(7) “Employer” means a person, as defined pursuant to subdivision (8) of this section,
who employs one or more persons.
(8) “Person” means a natural person, corporation, partnership, trust, society, club, association,
or other organization, including municipalities and the State and its instrumentalities.
(9) “Place of employment” means any place where an employee is engaged in performance
of the employee’s work or duties, or that is used in connection with an employee’s
employment. It includes structures, buildings, machinery, equipment, tools, appliances,
and materials used in connection with the employment. It also includes land and premises
where an employer is carrying on any activity or business involving the use of one
or more employees.
(10) “Premises” means land and the structures thereon that contains a place of employment
as defined pursuant to subdivision (9) of this section.
(11) “Rule” means a rule or regulation.
(12) “VOSHA Code” means subchapters 4 and 5 of this chapter, 18 V.S.A. chapter 28, and
the rules adopted pursuant to those provisions.
(13) “Review Board” means the Occupational Safety and Health Review Board.
(14) “Secretary of Labor” means the Secretary of the U.S. Department of Labor.
(15) “Secretary” means the Secretary of Human Services. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 17; 1979, No. 121 (Adj. Sess.), § 3; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2023, No. 85 (Adj. Sess.), § 62, eff. July 1, 2024.)
§ 204. Rules and procedure
(a) 3 V.S.A. chapter 25, relating to administrative procedure, shall apply to this chapter
and the VOSHA Code.
(b) All or part of a printed publication of standards or rules, including standards promulgated
under the Act, may be made a rule or part of a rule adopted under this chapter or
the VOSHA Code, by reference in the rule to the printed publication by its title and
where it may be procured at the time the rule is adopted under this chapter. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2023, No. 85 (Adj. Sess.), § 63, eff. July 1, 2024.)
§ 205. Variances
(a) In cases involving a workplace, the Secretary of Human Services, in the case of health
standards, and the Commissioner, in the case of safety standards, may grant a variance
from a standard or any provision of a standard adopted in a rule, under the same terms,
conditions, and criteria as the Secretary of Labor may under sections 6(b)(6) and
(d) of the Act.
(b) The Secretary of Human Services, in the case of health standards, and the Commissioner,
in the case of safety standards, may grant a variance, tolerance, or exemption to
and from any or all provisions of the VOSHA Code as found necessary and proper to
avoid serious impairment of the national defense. The action shall not be taken without
the written consent of a federal official authorized to make such variation, tolerance,
or exemption to and from any or all provisions of the Act. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 8; 2023, No. 85 (Adj. Sess.), § 64, eff. July 1, 2024.)
§ 206. Inspections and investigations
(a) The Commissioner or the Director, or their agents, may enter upon a premises, upon
presenting appropriate credentials to the occupant, at reasonable times, for the purpose
of inspecting the premises within reasonable limits and in a reasonable manner, to
determine whether the provisions of the VOSHA Code and this chapter and the rules
adopted pursuant to the VOSHA Code and this chapter are being observed. If entry is
refused, the Commissioner or the Director may apply to a Superior Court judge for
an order to enforce the rights given to the Commissioner and the Director and their
agents under this section.
(b) In making inspections and investigations, the Commissioner or the Director may require
the attendance and testimony of witnesses and the production of evidence under oath.
Witnesses shall be paid the same fees and mileage as are paid witnesses in Superior
Court in criminal cases. In case of a contumacy, failure, or refusal of any person
to obey such an order, any Superior Court within the jurisdiction of which the person
is found resides, or transacts business, upon the application by the Commissioner,
shall have jurisdiction to issue to the person an order requiring the person to appear
to produce evidence if, as, and when so ordered, and to give testimony relating to
the matter under investigation or in question. Any failure to obey such order of the
court may be punished by the court as a contempt of court.
(c) No person shall give advance notice of any inspection under the VOSHA Code, without
prior authority of the Commissioner or the Director, which shall be in writing.
(d) Under the VOSHA Code, the Secretary of Human Services and the Commissioner shall adopt
rules regarding inspections and investigations to conform with the provisions and
requirements of the Act.
(e) Subject to rules adopted by the Commissioner or Secretary, a representative of the
employer and a representative authorized by the employer’s employees shall be given
an opportunity to accompany the Commissioner or Secretary or the Commissioner or Secretary’s
authorized agent during the physical inspection of any workplace under subsection
(a) of this section for the purpose of aiding such inspection. Where there is no authorized
employee representative, the Commissioner or Secretary or the Commissioner or Secretary’s
authorized agent shall consult with a reasonable number of employees concerning matters
of safety and health in the workplace.
(f) Any employees or representative of employees who believes that a violation of a safety
or health standard exists that threatens physical harm, or that an imminent danger
exists, may request an inspection by giving notice to the Commissioner or Secretary
or the Commissioner or Secretary’s authorized agent of the violation or danger. The
notice shall be reduced to writing, shall set forth with reasonable particularity
the grounds for the notice, and shall be signed by the employees or representative
of employees. A copy of the notice shall be provided the employer or the employer’s
agent not later than at the time of inspection, except that, upon the request of the
person giving the notice, the person’s name and the names of individual employees
referred to in the notice shall not appear in the copy or on any record published,
released, or made available by the Commissioner or Secretary. If upon receipt of the
notification the Commissioner or Secretary determines there are reasonable grounds
to believe that a violation or danger exists, the Commissioner or Secretary shall
make a special inspection in accordance with the provisions of this section as soon
as practicable to determine if a violation or danger exists. If the Commissioner or
Secretary determines there are no reasonable grounds to believe that a violation or
danger exists, the Commissioner or Secretary shall notify the employees or representative
of the employees in writing of the determination.
(g) Prior to or during any inspection of a workplace, any employees or representative
of employees employed in the workplace may notify the Commissioner or Secretary or
any agent of the Commissioner or Secretary responsible for conducting the inspection,
in writing, of any violation of this Code that they have reason to believe exists
in the workplace. The Commissioner shall, by rule, establish procedures for informal
review of any refusal by a representative of the Commissioner to issue a citation
with respect to any such alleged violation and shall furnish the employees or representative
of employees requesting the review with a written statement of the reasons for the
Commissioner’s final disposition of the case. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 214 (Adj. Sess.), § 9; 2023, No. 85 (Adj. Sess.), § 65, eff. July 1, 2024.)
§ 207. Trade secrets
All information reported to or otherwise obtained by the Commissioner or the Director,
or their agents, in connection with any inspection or proceeding under this chapter
or the VOSHA Code, that contains or might reveal a trade secret referred to in 18 U.S.C. § 1905 shall be considered confidential, except that such information may be disclosed to
other officers or employees concerned in carrying out the provisions of this chapter
or the VOSHA Code. In any proceeding, the Commissioner, Director, Board, or court
shall issue such orders as may be appropriate to protect the confidentiality of trade
secrets. (Added 1971, No. 205 (Adj. Sess.), § 1.)
§ 208. Imminent danger
(a) Whenever the Commissioner finds that any workplace is in violation of any portion
of the VOSHA Code or this chapter and that the violation creates a dangerous condition
that can be reasonably expected to cause imminent death or serious physical harm,
the Commissioner may order the workplace or any portion of the workplace to be immediately
closed or order that steps be taken to avoid, correct, or remove the imminently dangerous
conditions. The Commissioner may permit the presence of individuals necessary to avoid,
correct, or remove the imminent danger, or to maintain the capacity of a continuous
process operation to resume normal operations without complete cessation of operations,
or where a cessation of operations is necessary, to permit it to be accomplished in
a safe and orderly manner. On two business days’ notice to the Commissioner, an order
issued under this section may be contested by filing a petition in Superior Court
requesting dissolution or modification of the order. In that event, the court shall
proceed to hear and to make an expeditious determination.
(b) In the event the court vacates or otherwise invalidates the Commissioner’s order based
upon a finding of willful misconduct or gross negligence, the court may determine
the amount of damages suffered by the employer on account of the issuance of the order
and shall enter judgment in that amount for the employer.
(c) Any employer who violates an order of the Commissioner issued pursuant to subsection
(a) of this section shall be fined not more than $5,000.00 per day.
(d) Notice of orders issued under this section shall be served by certified mail with
return receipt requested or in person to all parties who have a recorded interest
in the property where land records for the property are recorded, including owners,
tenants, mortgagees, attaching creditors, lien holders, and public utilities or water
companies serving the premises. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 10; 1985, No. 150 (Adj. Sess.), § 1; 2017, No. 11, § 50.)
§ 209. Appeals
Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved
by an order or action of the Commissioner under this chapter, or a rule adopted pursuant
to this chapter, may appeal to the Superior Court for the order or action within 20
days after the order is issued or the action is taken. In the Superior Court, the
matter will be heard de novo. Appeal may be taken to the Supreme Court from the Superior
Court. The Superior Court for the county within which the appellant resides or has
a place of business shall have jurisdiction. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 85 (Adj. Sess.), § 66, eff. July 1, 2024.)
§ 210. Penalties
(a) Upon issuance of a citation under this chapter, the Review Board is authorized to
assess civil penalties for grounds provided in this subsection. In assessing civil
penalties, the Review Board shall follow to the degree practicable the federal procedures
prescribed in rules adopted under the Act. The Review Board shall give due consideration
to the appropriateness of the penalty with respect to the size of the business or
operation of the employer being assessed, the gravity of the violation, the good faith
of the employer, and the history of previous violations. Civil penalties shall be
paid to the Commissioner for deposit with the State Treasurer, and may be recovered
in a civil action in the name of the State of Vermont brought in any court of competent
jurisdiction. The Commissioner shall not reduce the assessed penalties in any fiscal
year by more than 50 percent.
(1) Any employer that willfully or repeatedly violates the requirements of this Code or
any standard or rule adopted, or order issued pursuant to this Code may be assessed
a civil penalty of not more than $126,749.00 for each violation, but not less than
$5,000.00 for each willful violation.
(2) Any employer that has received a citation for a serious violation of the requirements
of this Code, or any standard or rule adopted, or order issued pursuant to this Code,
shall be assessed a civil penalty of up to $12,675.00 for each violation.
(3) Any employer that has received a citation for a violation of the requirements of this
Code, or any standard or rule adopted, or order issued pursuant to this Code, if the
violation is specifically determined not to be of a serious nature, may be assessed
a civil penalty of up to $12,675.00 for each such violation.
(4) Any employer that fails to correct a violation for which a citation has been issued
within the period permitted for its correction, which period shall not begin to run
until the date of the final order of the Review Board, in the case of any review proceeding
under section 226 of this title initiated by the employer in good faith and not solely for delay or avoidance of
penalties, may be assessed a civil penalty of not more than $12,675.00 for each day
during which the failure or violation continues.
(5) Any employer that willfully violates any standard or rule adopted, or order issued
pursuant to this Code, and that violation caused death to any employee, shall, upon
conviction, be punished by a fine of not more than $126,749.00 or by imprisonment
for not more than one year, or by both.
(6) Any person who gives advance notice of any inspection to be conducted under this Code,
without authority from the Commissioner or Director or designees, shall, upon conviction,
be punished by a fine of not more than $ 1,000.00 or by imprisonment for not more
than six months, or by both.
(7) Whoever knowingly makes any false statement, representation, or certification in any
application, record, report, plan, or other document filed or required to be maintained
pursuant to this Code shall, upon conviction, be punished by a fine of not more than
$10,000.00 or by imprisonment for not more than six months, or by both.
(8) Any employer that violates any of the posting requirements, as prescribed under the
provisions of this Code, shall be assessed a civil penalty of up to $12,675.00 for
each violation.
(9)(A) As provided under the federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 and the Act, the penalties provided in subdivisions (1), (2), (3), (4),
(5), and (8) of this subsection (a) shall annually, on January 1, be adjusted to reflect
the increase in the Consumer Price Index, CPI-U, U.S. City Average, not seasonally
adjusted, as calculated by the U.S. Department of Labor or successor agency for the
12 months preceding the previous December 1.
(B) The Commissioner shall calculate and publish the adjustment to the penalties on or
before January 1 of each year, and the penalties shall apply to fines imposed on or
after that date.
(b) For purposes of this section, a serious violation shall be deemed to exist in a place
of employment if there is a substantial probability that death or serious physical
harm could result from a condition that exists, or from one or more practices, means,
methods, operations, or processes that have been adopted or are in use, in such place
of employment unless the employer did not and could not, with the exercise of reasonable
diligence, know of the presence of the violation. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 11; 1985, No. 150 (Adj. Sess.), § 2; 1991, No. 23, § 1, eff. May 3, 1991; 2003, No. 66, § 74; 2017, No. 69, § D.1, eff. June 8, 2017.)
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Subchapter 005: OCCUPATIONAL SAFETY AND HEALTH
§ 221. State plan and cooperation
The State of Vermont desires to assume responsibility for the development and enforcement
of occupational safety and health standards within the State. To that end, the Commissioner
shall submit plans and reports to the appropriate federal official or agency, under
the provisions of the Occupational Safety and Health Act of 1970 Pub. L. No. 91-596.
The Department and the Division shall cooperate with the appropriate federal agencies
in carrying out the purposes of the Act and the VOSHA Code. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2023, No. 85 (Adj. Sess.), § 67, eff. July 1, 2024.)
§ 222. Application
The VOSHA Code shall apply with respect to employers, employees, and employment in
or at a workplace in the State of Vermont, except that:
(1) standards applicable to products that are distributed or used in interstate commerce
that are different from federal standards for such products shall not be adopted under
the VOSHA Code unless the standards are required by compelling local conditions and
do not unduly burden interstate commerce; and
(2) nothing in the VOSHA Code shall be construed to supersede or in any manner affect
the workers’ compensation laws of this State pursuant to chapter 9 of this title,
or enlarge, diminish, or affect in any other manner the common law or statutory rights,
duties, or liabilities of employers and employees under any law with respect to injuries,
diseases, or death of employees arising out of or in the course of employment. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 12; 1981, No. 165 (Adj. Sess.), § 1; 2023, No. 85 (Adj. Sess.), § 68, eff. July 1, 2024.)
§ 223. Duties
(a) Each employer shall furnish to each of the employer’s employees employment and a place
of employment that are free from recognized hazards that are causing or are likely
to cause death or significant physical harm to the employees; and the employer shall
comply with safety and health standards adopted under the VOSHA Code.
(b) Each employee shall comply with the safety and health standards and all rules, standards,
and orders of the VOSHA Code that are applicable to the employee’s own actions or
conduct. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 2023, No. 85 (Adj. Sess.), § 69, eff. July 1, 2024.)
§ 224. Rules and standards
(a) The Commissioner shall adopt rules and standards necessary to implement the purposes
and duties set forth in this subchapter insofar as they relate to safety and to enforcement
of the VOSHA Code.
(b) The Commissioner, in consultation with the Secretary of Human Services, shall adopt
rules and standards necessary to implement the purposes of the VOSHA Code and duties
imposed by the Code, insofar as they relate to health.
(c) Any standard adopted under this section shall prescribe the use of labels or other
appropriate forms of warning as are necessary to inform employees of all safety or
health hazards to which they are exposed, relevant symptoms and appropriate emergency
treatment, and proper conditions and precautions for safe use or exposure. Where appropriate,
a rule shall prescribe suitable protective clothing, devices, or equipment that shall
be provided by the employer, and control or technological procedures to be used in
connection with the safety or health hazard; and shall provide for monitoring or measuring
employee exposure at such locations and intervals and in such manner as may be necessary
for the protection of employees.
(d) Where appropriate, a standard adopted in consultation with the Secretary of Human
Services may prescribe the type and frequency of medical examinations or other tests
that shall be made available by an employer or at the expense of the employer, to
employees exposed to health hazards in employment, in order to effectively determine
whether the health of the employee is adversely affected by exposure to the hazard.
In the event medical examinations are in the nature of research, as determined by
the Secretary of Human Services, the examinations may be furnished at the expense
of the State. The results of the examinations or tests shall be furnished only to
the Secretary of Human Services, the Commissioner of Health, the Director of Occupational
Health, the Commissioner of Labor, and at the request of the employee, to the employee’s
physician and the employee.
(e) The Commissioner, in consultation with the Secretary, in adopting standards dealing
with toxic materials or harmful physical agents under this section, shall set the
standard that most adequately ensures, to the extent feasible, on the basis of the
best available evidence, that no employee will suffer material impairment of health
or functional capacity even if the employee has regular exposure to the hazard dealt
with by the standard for the period of the employee’s working life. Development of
standards under this subsection shall be based upon research, demonstrations, experiments,
and such other information as may be appropriate. In addition to the attainment of
the highest degree of safety and health protection for the employee, other considerations
shall be the latest available scientific data in the field, the feasibility of the
standards, and experience gained under this and other safety and health laws. Whenever
practicable, the standard adopted shall be expressed in terms of objective criteria
and of the performance desired. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 18; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2015, No. 23, § 119; 2015, No. 87 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 54; 2023, No. 85 (Adj. Sess.), § 70, eff. July 1, 2024.)
§ 225. Citations
(a)(1) If, upon inspection or investigation, the Commissioner or the Director or the agent
of either of them finds that an employer has violated a requirement of the VOSHA Code,
the Commissioner shall with reasonable promptness issue a citation to the employer
and serve it on the employer by certified mail or in the same manner as a summons
to the Superior Court. Each citation shall be in writing and shall describe with particularity
the nature of the violation, including a reference to the provisions of the statute,
standard, rule, or order alleged to have been violated, as well as the penalty, if
any, proposed to be assessed pursuant to section 210 of this title. In addition, the citation shall fix a reasonable time for the abatement of the violation.
(2) By rule, the Commissioner shall adopt procedures for issuance of a notice in lieu
of a citation with respect to de minimis violations that have no direct or immediate
relationship to safety or health and for hearing interested parties before a civil
penalty is assessed.
(b) Each citation issued under this section, or a copy or copies of the citation, shall
be prominently posted, as prescribed in rules adopted by the Commissioner, at or near
each place a violation referred to in the citation occurred or existed.
(c) A citation issued under this section may be served by an agent of the Commissioner,
who shall make return in the same manner as sheriffs, deputy sheriffs, or constables
make after serving a summons.
(d) A citation may not be issued after six months following the inspection or investigation
that reveals the violation. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 54, § 69, eff. June 1, 2009; 2017, No. 148 (Adj. Sess.), § 6, eff. May 21, 2018.)
§ 226. Enforcement
(a)(1) An employer shall, within 20 days after personal service or receipt of a citation
issued under section 225 of this subchapter, notify the Commissioner that the employer
wishes to appeal the citation or proposed penalty.
(2) If an employer does not notify the Commissioner as provided in this subsection and
an employee does not file a notice under subsection (c) of this section, the citation
and penalty, as proposed, shall be deemed a final order of the Review Board and not
subject to review by any court or agency.
(b)(1)(A) If the Commissioner on inspection or investigation finds that an employer has failed
to correct a violation for which a citation has been issued within the period permitted
for its correction, the Commissioner shall notify the employer by certified mail of
the failure and of the penalty proposed to be assessed under section 210 of this chapter
by reason of the failure.
(B) The period to correct a violation shall begin to run:
(i) when a final order is entered by the Review Board in relation to review proceedings
under this section that are initiated by an employer in good faith and not solely
for delay or avoidance of penalties; or
(ii) on the day the citation and penalty become final under subsection (a) of this section.
(2) The employer shall have 20 days after the receipt of the notice to notify the Commissioner
that the employer wishes to appeal the Commissioner’s citation or the proposed penalty.
If, within 20 days after receipt of the notification issued by the Commissioner, the
employer fails to notify the Commissioner that the employer intends to appeal, the
citation and assessment, as proposed, shall be deemed a final order of the Review
Board and not subject to review by any court or agency.
(c) If an employer notifies the Commissioner that the employer intends to contest a citation
issued under section 225 of this title, or if, within 20 days after the issuance of a citation under section 225 of this title, any employee or representative of employees files a notice with the Commissioner
alleging that the period of time fixed in the citation for the abatement of the violation
is unreasonable, the Commissioner shall immediately advise the Review Board of the
notification and the Review Board shall afford an opportunity for a hearing. Unless
a notice is timely filed, the proposed penalty and, in appropriate cases, the citation
shall be deemed a final order of the Review Board not subject to review by any court
or agency.
(d) After hearing an appeal, the Review Board shall issue an order based on findings of
fact that affirms, modifies, or vacates the Commissioner’s citation or proposed penalty,
or both, or provides other appropriate relief. The order shall become final 30 days
after its issuance unless judicial review is timely taken under section 227 of this title. The rules of procedure adopted by the Review Board shall provide affected employees
or their representatives with an opportunity to participate as parties in a hearing
under this subsection. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 13; 2017, No. 148 (Adj. Sess.), § 7, eff. May 21, 2018; 2021, No. 20, § 215; 2023, No. 85 (Adj. Sess.), § 71, eff. July 1, 2024.)
§ 227. Judicial review
(a)(1) Any person adversely affected or aggrieved by an order of the Review Board may appeal
to any Superior Court for the county in which the violation is alleged to have occurred
or where the employer has its principal office. The appeal shall be taken within 30
days following the issuance of the order.
(2) The court shall have power to grant temporary relief or a restraining order as it
deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings
set forth in the record a decree affirming, modifying, or setting aside, in whole
or in part, the order of the Review Board and enforcing the same to the extent that
the order is affirmed or modified.
(3) The commencement of proceedings under this subsection shall not, unless ordered by
the court, operate as a stay of the order of the Review Board.
(4) An objection that has not been raised before the Review Board shall not be considered
by the court, unless the failure or neglect to raise the objection is excused by the
court because of extraordinary circumstances.
(5) The findings of the Review Board with respect to questions of fact, if supported by
substantial evidence on the record considered as a whole, shall be conclusive.
(6)(A) The court may order additional evidence to be taken and made a part of the record
if a party applies to the court for leave to adduce additional evidence and shows
to the satisfaction of the court that the additional evidence is material and that
there were reasonable grounds for failure to adduce the evidence in the hearing before
the Review Board.
(B) The Review Board may modify its findings as to the facts, or make new findings, by
reason of additional evidence so taken and filed. If it does so, the Review Board
shall file the modified or new findings and its recommendations, if any, for the modification
or setting aside of its original order. New findings with respect to questions of
fact that are filed by the Review Board shall be conclusive, if supported by substantial
evidence on the record considered as a whole.
(7) Upon the filing of the record with it, the jurisdiction of the court shall be exclusive
and its judgment and decree shall be final, except that the same shall be subject
to review by the Supreme Court. Judicial review under this subsection (a) shall be
considered expeditiously.
(b)(1) The Commissioner may also obtain a review or enforcement of any final order of the
Review Board by filing a petition for relief in the Superior Court within the jurisdiction
of which the alleged violation occurred or in which the employer has its principal
office. The provisions of subsection (a) of this section shall govern proceedings
under this subsection to the extent applicable.
(2) If judicial review is not sought within 30 days after service of the Review Board’s
order, the Review Board’s findings of fact and order shall be conclusive in connection
with any petition for enforcement that is filed by the Commissioner after the expiration
of the 30-day period.
(3) In any such case, as well as in the case of a noncontested citation or notification
by the Commissioner, that has become a final order of the Review Board, the clerk
of the court, unless otherwise ordered by the court, shall promptly enter a decree
enforcing the order and shall transmit a copy of the court decree to the Commissioner
and the employer named in the petition.
(c) In any contempt proceeding brought to enforce a court decree entered pursuant to this
section, the court may assess the penalties provided in addition to invoking any other
available remedies (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 14; 1997, No. 161 (Adj. Sess.), § 16, eff. Jan. 1, 1998; 2023, No. 85 (Adj. Sess.), § 72, eff. July 1, 2024.)
§ 228. Reports
(a) Employers shall keep and file all reports and records required under the Act and any
reports and records that the Commissioner or the Secretary of Human Services may require
by rule.
(b) The Commissioner shall make such reports to the Secretary of the U.S. Department of
Labor in such form and containing such information as the Secretary shall require.
(c)(1)(A) Each employer shall make, keep, preserve, and make available to the Secretary of the
U.S. Department of Labor or the Secretary of the U.S. Department of Health and Human
Services such records regarding the employer’s activities relating to the Act as the
Secretary of the U.S. Department of Labor, in cooperation with the Secretary of the
U.S. Department of Health and Human Services, may prescribe by regulation as necessary
or appropriate for the enforcement of the Act or for developing information regarding
the causes and prevention of occupational accidents and illnesses. In order to carry
out the provisions of this subdivision, such regulations may include provisions requiring
employers to conduct periodic inspections.
(B) The Commissioner shall also adopt rules requiring that employers, through posting
of notices or other appropriate means, keep their employees informed of their protections
and obligations under this Code, including the provisions of applicable standards.
(2) The Commissioner, in cooperation with the Secretary, shall adopt rules requiring employees
to maintain accurate records of employee exposures to potentially toxic materials
or harmful physical agents that are required to be monitored or measured under section
224 of this subchapter. The rules shall provide employees or their representative
with an opportunity to observe the monitoring or measuring, and to have access to
the records thereof. The rules shall also make appropriate provision for each employee
or former employee to have access to records relating to the employee’s own exposure
to toxic materials or harmful physical agents. Each employer shall promptly notify
any employee who has been or is being exposed to toxic materials or harmful physical
agents in concentrations or at levels that exceed those prescribed by an applicable
occupational safety and health standard adopted under section 224 of this subchapter
and shall inform any employee who is being thus exposed of the corrective action being
taken. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 19; 2023, No. 85 (Adj. Sess.), § 73, eff. July 1, 2024.)
§ 229. Repealed. 2009, No. 135 (Adj. Sess.), § 26(9).
§ 230. Occupational Safety and Health Review Board
(a) The Occupational Safety and Health Review Board is created. It shall consist of three
members who shall be appointed by the Governor, with the advice and consent of the
Senate. The members of the Board shall be appointed for terms of six years, but initially
in a manner so that one term expires in two years, one term in four years, and one
term in six years. Thereafter, biennially, in the month of February, with the advice
and consent of the Senate, the Governor shall appoint a person as a member of the
Board for the term of six years, whose term of office shall commence on March 1 of
the year in which the appointment is made. The Governor, biennially, shall designate
a member of the Board to be its Chair.
(b)(1) With the approval of the Secretary of Administration, the Board may employ employees
as it deems necessary, and may without such approval employ and remove a clerk and
a reporter for taking and transcribing testimony in hearings before it and hearing
judges that it deems necessary to hear appeals on behalf of the Board. Compensation
for employees of the Board shall be fixed by the Commissioner of Human Resources.
(2) The hearing judge appointed by the Board shall hear, and make a determination upon,
any proceeding instituted before the Board and any motion in connection with such
a proceeding that is assigned to the hearing judge by the Chair of the Board. The
hearing judge shall make a report to the Board of any determination that constitutes
the hearing judge’s final disposition of the proceedings. The report of the hearing
judge shall become the final order of the Board within 30 days after the report is
made to the Board, unless during that period, a Board member directs that the report
be reviewed by the Board.
(c) Every official act of the Board shall be entered on record, and its hearings and records
shall be open to the public.
(d) The Board is authorized to adopt rules as necessary for the orderly transaction of
its proceedings. Unless the Board has adopted a different rule, its proceedings shall
be in accordance with the rules adopted by the Supreme Court for the Superior Courts.
(e) The office of the Board shall be located in Montpelier, but proceedings shall be held
at places within the State convenient to persons appearing before it.
(f) The compensation of members of the Board shall be fixed by the Commissioner of Human
Resources.
(g) The Board shall be attached to the Governor’s office for administrative purposes. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 214 (Adj. Sess.), § 15; 1981, No. 34, § 1; 2003, No. 156 (Adj. Sess.), § 15; 2023, No. 85 (Adj. Sess.), § 74, eff. July 1, 2024.)
§ 231. Employee rights
(a) No person shall discharge or in any manner discriminate against any employee because
the employee has filed any complaint or instituted or caused to be instituted any
proceeding under or related to this chapter or has testified or is about to testify
in any such proceeding or because of the exercise by the employee on behalf of the
employee or others of any right afforded by this chapter.
(b) Any employee who believes that the employee has been discharged or otherwise discriminated
against by any person in violation of this section may, within 30 days after the violation
occurs, file a complaint with the Commissioner alleging the discrimination. Upon receipt
of the complaint, the Commissioner shall conduct an investigation of the complaint
as the Commissioner deems appropriate. If, after the investigation the Commissioner
determines that the provisions of this section have been violated, the Commissioner
shall bring an action in any appropriate State court against the person alleged to
have violated this section. In any such action, the State courts shall have jurisdiction,
for cause shown, to restrain violations of subsection (a) of this section and order
all appropriate relief, including rehiring or reinstatement of the employee to the
employee’s former position with back pay.
(c) Within 90 days after receiving a complaint filed under this section, the Commissioner
shall notify the complainant of the Commissioner’s determination under subsection
(b) of this section. (Added 1973, No. 214 (Adj. Sess.), § 20; amended 2023, No. 85 (Adj. Sess.), § 75, eff. July 1, 2024.)
§ 232. Private right of action
An employee aggrieved by a violation of section 231 of this title may bring an action in Superior Court for appropriate relief, including reinstatement,
triple wages, damages, costs, and reasonable attorney’s fees. Such an action may
be brought in addition to or in lieu of an action under section 231 of this title. (Added 1989, No. 164 (Adj. Sess.).)