The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
GENERAL PROVISIONS
(Cite as: 21 V.S.A. § 208)
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§ 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.)