A hearing will be held, pursuant to 21 V.S.A. § 230(b) and Vermont Occupational Safety and Health Review Board (VRB) Rules of Procedure Subpart E, and 3 V.SA. §809, in the above listed matter beginning at 9:00 A.M. on Wednesday, October 30, 2024 and if needed, on Friday, November 1, 2024. This hearing will be in person at 6 Baldwin Street, Room 315, Montpelier, VT 05633. However, if unforeseeable circumstances arise preventing an in person hearing then the hearing will be held through Microsoft Teams conference bridge. Anyone interested in attending the hearing remotely can contact the VRB Clerk at carolyn.desch@vermont.gov to obtain a link or by phone at (802) 828-2775.
The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration (VOSHA) Citation and Notification of Penalty citing violations of the Code of Federal Regulations issued to and contested by the Respondent. The VOSHA Citation and Notification of Penalty issued to and contested by the Respondent involves the following:
29 CFR 1910.132(d)(1): The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitates the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall: select and have each affected employee use the types of PPE that will protect the affected employee from the hazard identified in each hazard assessment. Violation: The employer has not assessed the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of PPE prior to assigning the employer to power wash the screen and other miscellaneous items outside the wastewater plant.
29 CFR 1910.134(a)(2): A respirator shall be provided to each employee when such equipment is necessary to protect the health of each employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The Employer shall be responsible for the establishment and maintenance of a respiratory protection program, which shall include the requirements outlined in paragraph (c) of this section. The program shall cover each employee required for this section to use a respirator. Violation: N-95 masks provided to employees without a formal determination to ensure the selection the proper mask and without the establishment of a respiratory protection program.
29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with work site- specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: procedures for selection, medical evaluations, fit testing procedures, proper use, cleaning procedures, proper use, and reevaluation of the program. Violation: N-95 particle respirators on site for employee use but a written respiratory program is not in place and N-95 masks are not NIOSH approved.
The Respondent for this matter is hereby required to SERVE AND/OR POST the NOTICE OF HEARING as required under VRB Rules of Procedure §2200.7(i) and/or (j) to afford affected employees, or their representatives an opportunity to participate during this proceeding. Affected employees are entitled to participate in this hearing under the terms and conditions established by the VRB Rules of Procedure. Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 6 Baldwin Street- Rm 313, Montpelier, Vermont 05633-6701.