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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. § 226)
  • § 226. Enforcement

    (a) After issuing a citation under section 225 of this title, the Commissioner shall notify the employer by certified mail or by service by an agent, of the penalty, if any, proposed to be assessed under section 210 of this title. The employer shall have 20 days after personal service or receipt of the notice within which to notify the Commissioner that he or she wishes to appeal the citation or proposed assessment of penalty, and if no notice is filed by an employee under subsection (c) of this section, 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.

    (b) 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 (which period shall not begin to run until the entry of a final order by the Review Board in the case of any review proceedings under this section initiated by the employer in good faith and not solely for delay or avoidance of penalties, or on the day the citation and assessment becomes final under subsection (a) of this section), the Commissioner shall notify the employer by certified mail of such failure and of the penalty proposed to be assessed under section 210 of this title by reason of such failure. The employer shall have 20 days after the receipt of the notice within which to notify the Commissioner that he or she wishes to appeal the Commissioner's notification or the proposed assessment of penalty. If within 20 days from the receipt of the notification issued by the Commissioner, the employer fails to notify the Commissioner that he or she intends to appeal the notification or proposed assessment of penalty, the notification 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 he or she intends to contest a citation issued under section 225 of this title or notification issued under subsection (a) or (b) of this section, or if, within 20 days of the issuance of a citation issued 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 such notification and the Review Board shall afford an opportunity for a hearing. Unless the notice is timely filed, the proposed penalty and, in appropriate cases, the notification of the Commissioner 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 thereafter issue an order based on findings of fact affirming, modifying, or vacating the Commissioner's citation or proposed penalty, or directing other appropriate relief, and 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 prescribed by the Review Board shall provide affected employees or their representatives an opportunity to participate as parties in hearings under this subsection. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 13.)