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 Monday, November 4, 2024 and if needed, on Tuesday, November 5, 2024. This hearing will be in person at 6 Baldwin Street, Room 315, Montpelier, VT 05633.
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 1926.602(c)(1)(vi): All industrial trucks in use shall meet the applicable requirements of design, construction, stability, inspection, testing, maintenance, and operation, as defined in American National standards institute B56.1-1969, Safety Standards For Powered Industrial Trucks. Violation: On or about September 19, 2023 employees were exposed to struck by and crushing hazards, while moving an unstable load with an LULL-type powered industrial truck.
29 CFR 1926.21(b)(2): The employer shall instruct each employee on the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or any other exposure to illness or injury. Violation: On or about September 19, 2023 employees were exposed to struck by and crushing hazards. The employer failed to instruct employees performing the task of moving tarpaulin covered OSB plywood by LULL powered industrial truck, in the recognition and avoidance of unsafe conditions regarding this task.
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 via email to carolyn.desch@vermont.gov or via mail or hand delivery to Vermont Occupational Safety and Health Review Board, 6 Baldwin Street- Rm 313, Montpelier, Vermont 05633-6701.