§ 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.)