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Searching 2018 Special Session

The Vermont Statutes Online

Title 21 : Labor

Chapter 003 : SAFETY

Subchapter 005 : OCCUPATIONAL SAFETY AND HEALTH

(Cite as: 21 V.S.A. § 225)
  • § 225. Citations

    (a) 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. In addition, the citation shall fix a reasonable time for the abatement of the violation. By rule the Commissioner shall prescribe procedures for issuance of a notice in lieu of a citation with respect to de minimus violations which 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 thereof, shall be prominently posted, as prescribed in rules promulgated 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 which 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.)