§ 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.)