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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, December 9, 2024, and if needed, on Friday, December 13, 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 through email at carolyn.desch@vermont.gov or by phone at (802) 828-2775, to obtain a link

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:
21 VSA §223(a): General duty clause. Violation related to site assessment of felling a tree.

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.

THE DECEMBER 2ND HEARING HAS BEEN CONTINUED TO DECEMBER 11TH. 

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, December 2, 2024 and if needed, on Wednesday, December 11, 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 1910.107(b)(9): Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. Violation: the employer did not ensure a clear space of not less than three feet on all sides of the spray booth. There was a wooden box on the ground on left side of paint booth with wood scraps and the three boards leaning against the wall. Metal desk to the right of the paint booth in direct contact with paint booth exterior wall.

29 CFR 1910.134(c): Respiratory Protection Program. This paragraph requires the employer to develop and implement a written respiratory protection program with required work site- specific procedures and elements for required respiratory use. Violation: Respiratory protection program has not been developed or implemented to ensure work site specific procedures and elements.

29 CFR 1910.134(c)(1)(iii): Fit testing procedures for tight fitting respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.134(c)(1)(v): Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Violation: Eye wash station unavailable for employees and corrosive chemicals including paint thinners are used to by employees. 

29 CFR 1910.1200(f)(6): Workplace labeling. Violation: Chemicals transferred to spray bottles improperly labeled.

20 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas. Violation: There are no SDS sheets on site for the chemicals that are used by employees.

20 CFR 1910.1904.29(a): Basic requirement. You must use OSHA 300, 300-A and 301 forms, or equivalent forms, for recordable injuries and illnesses. Violation: Employer currently does not keep OSHA 300 a logs to record injuries and illnesses.

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.

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, December 9, 2024, and if needed, on Friday, December 13, 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 through email at carolyn.desch@vermont.gov or by phone at (802) 828-2775, to obtain a link

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:
21 VSA §223(a): General duty clause. Violation related to site assessment of felling a tree.

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.

THE DECEMBER 2ND HEARING HAS BEEN CONTINUED TO DECEMBER 11TH. 

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, December 2, 2024 and if needed, on Wednesday, December 11, 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 1910.107(b)(9): Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. Violation: the employer did not ensure a clear space of not less than three feet on all sides of the spray booth. There was a wooden box on the ground on left side of paint booth with wood scraps and the three boards leaning against the wall. Metal desk to the right of the paint booth in direct contact with paint booth exterior wall.

29 CFR 1910.134(c): Respiratory Protection Program. This paragraph requires the employer to develop and implement a written respiratory protection program with required work site- specific procedures and elements for required respiratory use. Violation: Respiratory protection program has not been developed or implemented to ensure work site specific procedures and elements.

29 CFR 1910.134(c)(1)(iii): Fit testing procedures for tight fitting respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.134(c)(1)(v): Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Violation: Eye wash station unavailable for employees and corrosive chemicals including paint thinners are used to by employees. 

29 CFR 1910.1200(f)(6): Workplace labeling. Violation: Chemicals transferred to spray bottles improperly labeled.

20 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas. Violation: There are no SDS sheets on site for the chemicals that are used by employees.

20 CFR 1910.1904.29(a): Basic requirement. You must use OSHA 300, 300-A and 301 forms, or equivalent forms, for recordable injuries and illnesses. Violation: Employer currently does not keep OSHA 300 a logs to record injuries and illnesses.

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.

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 Thursday, November 21, 2024, and if needed, on Friday, November 22, 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 1910.184(i)(9)(iii): Removal from service.  Synthetic web slings shall be immediately removed from service if any of the following conditions are present: snags, punctures, tears or cuts. Violation on April 3, 2024: Employees were allowed to use a synthetic web sling that had been previously cut.

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.

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 Thursday, November 21, 2024, and if needed, on Friday, November 22, 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 1910.184(i)(9)(iii): Removal from service.  Synthetic web slings shall be immediately removed from service if any of the following conditions are present: snags, punctures, tears or cuts. Violation on April 3, 2024: Employees were allowed to use a synthetic web sling that had been previously cut.

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.

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.

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.

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.
 

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.
 

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 Friday, October 25, 2024 and if needed, on Monday, October 28, 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 1910.107(b)(9): Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. Violation: the employer did not ensure a clear space of not less than three feet on all sides of the spray booth. There was a wooden box on the ground on left side of paint booth with wood scraps and the three boards leaning against the wall. Metal desk to the right of the paint booth in direct contact with paint booth exterior wall.

29 CFR 1910.134(c): Respiratory Protection Program. This paragraph requires the employer to develop and implement a written respiratory protection program with required work site- specific procedures and elements for required respiratory use. Violation: Respiratory protection program has not been developed or implemented to ensure work site specific procedures and elements.

29 CFR 1910.134(c)(1)(iii): Fit testing procedures for tight fitting respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.134(c)(1)(v): Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Violation: Eye wash station unavailable for employees and corrosive chemicals including paint thinners are used to by employees. 

29 CFR 1910.1200(f)(6): Workplace labeling. Violation: Chemicals transferred to spray bottles improperly labeled.

20 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas. Violation: There are no SDS sheets on site for the chemicals that are used by employees.

20 CFR 1910.1904.29(a): Basic requirement. You must use OSHA 300, 300-A and 301 forms, or equivalent forms, for recordable injuries and illnesses. Violation: Employer currently does not keep OSHA 300 a logs to record injuries and illnesses.

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.
 

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 Friday, October 25, 2024 and if needed, on Monday, October 28, 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 1910.107(b)(9): Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. Violation: the employer did not ensure a clear space of not less than three feet on all sides of the spray booth. There was a wooden box on the ground on left side of paint booth with wood scraps and the three boards leaning against the wall. Metal desk to the right of the paint booth in direct contact with paint booth exterior wall.

29 CFR 1910.134(c): Respiratory Protection Program. This paragraph requires the employer to develop and implement a written respiratory protection program with required work site- specific procedures and elements for required respiratory use. Violation: Respiratory protection program has not been developed or implemented to ensure work site specific procedures and elements.

29 CFR 1910.134(c)(1)(iii): Fit testing procedures for tight fitting respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.134(c)(1)(v): Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Violation: Eye wash station unavailable for employees and corrosive chemicals including paint thinners are used to by employees. 

29 CFR 1910.1200(f)(6): Workplace labeling. Violation: Chemicals transferred to spray bottles improperly labeled.

20 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas. Violation: There are no SDS sheets on site for the chemicals that are used by employees.

20 CFR 1910.1904.29(a): Basic requirement. You must use OSHA 300, 300-A and 301 forms, or equivalent forms, for recordable injuries and illnesses. Violation: Employer currently does not keep OSHA 300 a logs to record injuries and illnesses.

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.
 

The purpose of the meeting is to discuss the FY25 and FY26 budgets, docket status, executive/deliberative session for purposes of deliberating VRB1059 A.C.T. Roofing L.L.C. and to set the next meeting date. 

Purpose of this meeting is to discuss Budget to Actuals, Docket information, Records Retention and Electronic Preservation, Contracts, Hearing Guidelines, and set the next meeting.  

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 Friday, July 19, 2024  and if needed, on Monday, July 22, 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 1926.501(b)(13): Residential Construction – Fall Protection (fall arrest system)
29 CFR 1926.503(a)(1): Training program for recognition of hazards related to minimize hazards related to falling.

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, July 8, 2024, and if needed, on Tuesday, July 9, 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 1926.453(a)(2): 29 CFR 1926.453(a)(2): Aerial lifts may be "field modified" for uses other than those intended by the manufacturer providing the modification has been certified in writing by the manufacturer or by atty other equivalent entity, such as a nationally recognized testing laboratory, to be in conformity with all applicable provisions of ANSI A92.2-1969 and this section and to be at least as sale as the equipment was before modification.

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.

DATED at Montpelier, Washington County, State of Vermont this 20th day of March 2024.
 

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, July 8, 2024, and if needed, on Tuesday, July 9, 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 1926.453(a)(2): 29 CFR 1926.453(a)(2): Aerial lifts may be "field modified" for uses other than those intended by the manufacturer providing the modification has been certified in writing by the manufacturer or by atty other equivalent entity, such as a nationally recognized testing laboratory, to be in conformity with all applicable provisions of ANSI A92.2-1969 and this section and to be at least as sale as the equipment was before modification.

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.

DATED at Montpelier, Washington County, State of Vermont this 20th day of March 2024.
 

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, June 24, 2024, and if needed, on Wednesday, June 26, 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 through email at carolyn.desch@vermont.gov or by phone at (802) 828-2775,  to obtain a link

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:
21 VSA §223(a): General duty clause. Violation related to site assessment of felling a tree.

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, June 24, 2024, and if needed, on Wednesday, June 26, 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 through email at carolyn.desch@vermont.gov or by phone at (802) 828-2775,  to obtain a link

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:

21 VSA §223(a): General duty clause. Violation related to site assessment of felling a tree.

Purpose of this meeting is to review to budget, case status, records retention, contracts, and hearing guidelines. 

A rescheduled 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, April 15, 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 1910.305(b)(2)(i): All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded. In completed installations, each outlet box shall have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass shall be provided with bushings designed for the purpose or shall have smooth, well-rounded surfaces on which the cords may bear.

29 CFR 1910.1030(c)(1)(i): Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. Each employer shall ensure that a copy of the Exposure Control Plan is accessible to employees in accordance with 29 CFR 1910.20(e).

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.

A Motion Hearing will be held, pursuant to 21 V.S.A. § 230(b), 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 2:00 p.m. on April 3, 2024 via Teams Microsoft Video Conference bridge.  Anyone wishing to attend in person may do so at 6 Baldwin Street, Room 313, Montpelier, VT 05633.  Anyone interested in attending the hearing remotely may 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 hear arguments regarding a motion to dismiss filed with the VOSHA Review Board by the Respondent. 

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 Thursday, March 7, 2024, and if needed, on Friday, March 8, 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  1910.305(b)(2)(i): All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded. In completed installations, each outlet box shall have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass shall be provided with bushings designed for the purpose or shall have smooth, well-rounded surfaces on which the cords may bear.

29 CFR 1910.1030(c)(1)(i): Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. Each employer shall ensure that a copy of the Exposure Control Plan is accessible to employees in accordance with 29 CFR 1910.20(e).

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.

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 Thursday, March 7, 2024, and if needed, on Friday, March 8, 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  1910.305(b)(2)(i): All pull boxes, junction boxes, and fittings shall be provided with covers identified for the purpose. If metal covers are used, they shall be grounded. In completed installations, each outlet box shall have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass shall be provided with bushings designed for the purpose or shall have smooth, well-rounded surfaces on which the cords may bear.

29 CFR 1910.1030(c)(1)(i): Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. Each employer shall ensure that a copy of the Exposure Control Plan is accessible to employees in accordance with 29 CFR 1910.20(e).

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.

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 Friday, February 16, 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 1910.268(b)(7): Approach distances to exposed energized overhead power lines and parts.  The employer shall ensure that no employee approaches or takes any conductive object closer to any electrically energized overhead power lines and parts that prescribed in table R-2, or in (i)-(iii) of this section.

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.

The purpose of this Board meeting is to review the November 2023 minutes, discuss the current year budget to actuals as well as the incoming fiscal year budget as submitted to the legislature.  In addition, the Board will be discussing the current fiscal year docket.  The Clerk will also provide an update of record retention and file preservation.  Lastly, the Board will enter into executive session for the annual Clerk's review. 

CONTINUED FROM DECEMBER 1, 2023 TO FRIDAY - JANUARY 5, 2024 - CANCELLED DUE TO SETTLEMENT

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 Friday, December 1, 2023.  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 1926.200(g)(2): Traffic direction in work zone without stop/slow paddles, flags, or an automated assistance device. 

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 emailed to the VRB Clerk at carolyn.desch@vermont.gov or mailed to Vermont Occupational Safety and Health Review Board at 6 Baldwin Street- Rm 313, Montpelier, Vermont 05633-6701.

The purpose of this meeting is to discuss the current and proposed budget, review case status, records schedule, case management policy, electronic file preservation, pro hac vice informal policy, and  VRB future planning.  

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 Thursday, July 13, 2023, and if needed, Friday, July 14, 2023 at the same time. 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 1910.141(d)(1):  Washing facilities maintained in sanitary condition.
29 CFR 1910.36(g)(2):  Exit access width adequacy.
29 CFR 1910.37(a)(3): Exit routes must be free and unobstructed.
29 CFR 1910.303(g)(1)(ii):  Working space may not be used for storage.

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.

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 Thursday, July 13, 2023, and if needed, Friday, July 14, 2023 at the same time. 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 1910.141(d)(1):  Washing facilities maintained in sanitary condition.
29 CFR 1910.36(g)(2):  Exit access width adequacy.
29 CFR 1910.37(a)(3): Exit routes must be free and unobstructed.
29 CFR 1910.303(g)(1)(ii):  Working space may not be used for storage.

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.

The meeting will be held in person on 6 Baldwin Street, Room 313.  However, to attend remotely, you may access the Microsoft Teams link through the agenda. 

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 Tuesday, May 9, 2023, and if needed, Wednesday, May 10, 2023 at the same time. 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 1910.141(d)(1):  Washing facilities maintained in sanitary condition.
29 CFR 1910.36(g)(2):  Exit access width adequacy.
29 CFR 1910.37(a)(3): Exit routes must be free and unobstructed.
29 CFR 1910.303(g)(1)(ii):  Working space may not be used for storage.

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.

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 Tuesday, May 9, 2023, and if needed, Wednesday, May 10, 2023 at the same time. 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 1910.141(d)(1):  Washing facilities maintained in sanitary condition.
29 CFR 1910.36(g)(2):  Exit access width adequacy.
29 CFR 1910.37(a)(3): Exit routes must be free and unobstructed.
29 CFR 1910.303(g)(1)(ii):  Working space may not be used for storage.

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.

The purpose of this meeting is to discuss the current fiscal year actuals to budget, FY24 budget status, purchasing permissions, state assessment of internal controls, docket review, various Clerk tasks, transcriptionist contract, and executive session to discuss personnel matters as permitted under 1 VSA 313. 

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 Tuesday, March 28, 2023 and if needed, on Wednesday, March 29, 2023.  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 follow the below link:

Microsoft Teams meeting

Join on your computer, mobile app or room device
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Meeting ID: 223 815 564 148
Passcode: rFcADc
Download Teams | Join on the web
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+1 802-828-7667,,369340299#   United States, Montpelier
Phone Conference ID: 369 340 299#
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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 (CFR) 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 1926.416(e)(1) related to an extension cord which had visible cuts on the outside of the casing.
• 29 CFR 1926.404(b)(1)(i) related to the use of building power without GFCI protection to charge a scissor lift.
• 29 CFR 1926.404(b)(1)(iii)(C) related to the use of an extension cord which had visible cuts on the outside of the casing.
• 29 CFR 1926.405(g)1(iii) related to the use of an extension cord connected through a window to a non-GFCI permanent power outlet.

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, Montpelier, Vermont 05633-6701.

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 Tuesday, March 28, 2023 and if needed, on Wednesday, March 29, 2023.  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 follow the below link:

Microsoft Teams meeting

Join on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 223 815 564 148
Passcode: rFcADc
Download Teams | Join on the web
Or call in (audio only)
+1 802-828-7667,,369340299#   United States, Montpelier
Phone Conference ID: 369 340 299#
Find a local number | Reset PIN
Learn More | Meeting options

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 (CFR) 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 1926.416(e)(1) related to an extension cord which had visible cuts on the outside of the casing.
• 29 CFR 1926.404(b)(1)(i) related to the use of building power without GFCI protection to charge a scissor lift.
• 29 CFR 1926.404(b)(1)(iii)(C) related to the use of an extension cord which had visible cuts on the outside of the casing.
• 29 CFR 1926.405(g)1(iii) related to the use of an extension cord connected through a window to a non-GFCI permanent power outlet.

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, Montpelier, Vermont 05633-6701.

Purpose of the meeting is to hold an executive session to discuss personnel matters as permitted under 1 VSA 313.  To view the agenda and Microsoft Teams link go to: Agenda and Minutes | VOSHA Review Board (vermont.gov) of our website.  

The purpose of the meeting is to discuss open and closed status, budget (generally and as it relates to the Federal Grant), and reappointments. 

Special Meeting to review the Clerk's position. An executive session will likely be necessary for this.  

Location is at 6 Baldwin Street, Room 313, Montpelier, VT.

Vermont Commissioner of Labor v. Kingsbury Companies, LLC

Location is at 6 Baldwin Street, Room 315, Montpelier, VT

For remote attendance, please use the following Microsoft Teams Conference Bridge:

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A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on January 25-26, 2022, via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

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Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered. The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1910.38(c)(2) related to written procedures for emergency evacuation.
29 CFR 1910.38(e) related to designating and training employees to assist in safe evacuation of employees.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on January 25-26, 2022, via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

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Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered. The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1910.38(c)(2) related to written procedures for emergency evacuation.
29 CFR 1910.38(e) related to designating and training employees to assist in safe evacuation of employees.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on January 11-12, 2022, via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

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Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered. The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.643(b)(2)(v) related to fall protection on a lift,

29 CFR 1926.501(b)(1) related to unprotected sides and edges,

29 CFR 1926.1053(a)(2) related to the use of ladders.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on January 11-12, 2022, via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

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Phone Conference ID: 796 455 17#
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Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered. The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.643(b)(2)(v) related to fall protection on a lift,

29 CFR 1926.501(b)(1) related to unprotected sides and edges,

29 CFR 1926.1053(a)(2) related to the use of ladders.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

Commissioner of Labor v. Engineers Construction, Inc.

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on October 22, 2021, if needed, 9:00 a.m. on October 25, 2021, at 13 Baldwin Street, Montpelier, Vermont, 05633.   The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.   If needed, the hearing will be remote via Microsoft Teams Bridge at the following Links:

Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.200(c)(1) related to warning signs.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

Commissioner of Labor v. Engineers Construction, Inc.

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on October 22, 2021, if needed, 9:00 a.m. on October 25, 2021, at 13 Baldwin Street, Montpelier, Vermont, 05633.   The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.   If needed, the hearing will be remote via Microsoft Teams Bridge at the following Links:

Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.200(c)(1) related to warning signs.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

Purpose is to review the budget to actuals, case status, rules of procedure, board member participation in hearings, status of Leigh's retirement, sale of 13 Baldwin Street, hearing officer and transcriptionist contracts.  

The purpose of the hearing is to adjudicate the Motion to Dismiss the Charge and Exclude all Evidence Obtained From the Site Visits filed by the Respondent on July 19, 2021.

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The purpose of the meeting is to review budget to actuals, open and closed cases and rules of procedure status. In addition the Board will discuss the following: Clerk's role in assisting the hearing officers,  Chairwoman Leigh Keyser Phillips retirement status, and sale of 13 Baldwin Street.

Purpose is to review budget to actuals, case status, rules of procedure status, and Board Member participation in hearings.

The purpose of this meeting is to review and approve the Order to  as to the Motion for Case Caption Correction in the matter of VRB1020 Intermountain Construction.

The hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 9:00 a.m. on April 27-28, 2021 via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

 Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.405(g)(2)(iv) related to strain relief on flexible cords.
29 CFR 1926.451(b)(1)(i) related to scaffold plank distances.
29 CFR 1926.451(f)(7) related to competency of employee conducting or overseeing scaffold erection.
29 CFR 1926.501(b)(1) related to unprotected sides and edges.
29 CFR 1926.451(g)(4)(vii) related to guardrail systems capability of withstanding force.
29 CFR 1926.1412(c)(1) related to post assembly inspection.
29 CFR 1926.1203(a) related to confined space.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

Please take notice that the hearing which took place on March 30-31, 2021 will continue to be held pursuant to 21 VSA Section 230(b) beginning at 9:00 A.M. on April 19-20, 2021 via Microsoft Teams conference bridge. The purpose of the hearing is to further adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.   The conference link is posted below:

Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.651(a) related to surface encumbrances,

29 CFR 1926.651(c) related to means of egress from trench excavations,

29 CFR 1926.651(j)(2) related to trench protective systems,

29 CFR 1926.65(k)(2) related to exposure to hazardous working conditions, and

29 CFR 1926.652(a)(1) related to protection from cave-ins.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

A hearing will be held, pursuant to 21 VSA Section 230(b) beginning at 9:00 A.M. on March 30-31. 2021 via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.   The conference link is posted below:

Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.651(a) related to surface encumbrances,
29 CFR 1926.651(c) related to means of egress from trench excavations,
29 CFR 1926.651(j)(2) related to trench protective systems,
29 CFR 1926.65(k)(2) related to exposure to hazardous working conditions, and
29 CFR 1926.652(a)(1) related to protection from cave-ins.

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

The purpose of this meeting is to deliberate through an executive session over the hearing officer decision dated January 27, 2021 pertaining to the Commissioner of Vermont Department of Labor v. Eustis Cable Enterprises, LTD.

Phone Conference ID: 772 785 764#

Commissioner of Labor v. U.S. Stucco LLC

A hearing will be held, pursuant to 21 VSA Section 230(b), in the above listed matter beginning at 10:00 a.m. on Wednesday, March 3, 2021 via Microsoft Teams conference bridge. The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent.  

The conference link is posted below:

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Phone Conference ID: 327 225 944#

Parties and their witnesses may contact the Review Board Clerk at (802) 828-2775 or e-mail carolyn.desch@vermont.gov during the hearing if technical issues are encountered.

The Vermont Occupational Safety and Health Administration Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1926.451(b)(4) related to unsupported platform planks,
29 CFR 1926.1053(b)(4) related to ladder use,
29 CFR 1926.651(j)(2) related to securing ladders or use of slip resistant feet.,

Pursuant to Section 225(b) of the Vermont Occupational Safety and Health Act and Section 2200.7(a) and (b) and 2000.60 of the Review Board Administrative Regulations, each employer is hereby REQUIRED TO SERVE AND/OR POST the NOTICE OF HEARING in order 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 Vermont Occupational Safety and Health Review Board in its Rules of Procedure.  Notice of intent to participate should be sent to: Vermont Occupational Safety and Health Review Board, 133 State Street, Montpelier, Vermont 05633-6701.

The purpose of this meeting is to deliberate through an executive session over the hearing officer decision dated January 27, 2021 pertaining to the Commissioner of Vermont Department of Labor v. Eustis Cable Enterprises, LTD.

The purpose of this remote public hearing is to hear comment on the proposed changes to the VOSHA Review Board Rules of Procedure. 
 

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Purpose is to review the following: status of cases, budget, rules of procedure revision and remote hearing guidelines.

Meeting will be held remotely through the following online video conference bridge:

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Purpose is to review the following: Status of Cases, Budget, Rules of Procedure revision and review the Electronic Filing and Service Agreement Form.

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The purpose of this meeting is to review the VRB Rules of Procedure revision.

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Conference ID: 147 256 448#

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The purpose of this meeting is to review the VRB Rules of Procedure revision.

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Purpose is to review the VRB1020 Intermountain Construction, LLC. Decision.  This portion of the agenda will be held under  executive session.

In addition, there will be an update of VRB Rules of Procedure revision.

Due to the COVID meeting restrictions this meeting will be held remotely via instantaneous  transmission of video and audio through Microsoft Teams. Join Microsoft Teams Meeting

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Conference ID: 571 306 359#

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Purpose is to review the following: Status of Cases, Budget, and Rules of Procedure revision.

Members of the public may attend the meeting electronically at the following address:

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Conference ID: 835 012 596#

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The purpose of this meeting is to review the Rules of Procedure revision.

The purpose of this meeting is to review the VRB Rules of Procedure

The purpose of this meeting is to review the Rules of Procedure revision.

A meeting to review the VRB Rules of Procedure for revision.

The purpose of this meeting is to review the Rules of Procedure revision.

The purpose of this meeting is to review the Rules of Procedure revision.

Purpose is to review the following:  Status of Cases, Budget and Rules of Procedure revision,

Purpose is to review the status of cases, budget, and rules of procedure revision.

9:30 a.m start time

Purpose is to review the following: Status of Cases,  Budget, Rules of Procedure revision, Reappointments and Executive Session to deliberate over VRB1001 Eustis Cable Case

Purpose is to review the following:

Status of Cases, Budget, Rules of Procedure revision, e-filing and service, meeting with DOL Commissioner Kurrle.

Purpose is to review the following: Status of Cases, Budget, Rules of Procedure revision, Reappointments, Meeting with Dept. of Labor Commissioner Kurrle, Hearing Officer and  Transcriptionist Contracts. 

10:00 a.m. start time

Purpose is to review the following:

Status of Cases,
Budget,
Rules of Procedure revision,
Reappointments and Board pay,
Record archiving,
Decision publishing

Purpose is to review case status, budget, archival records and Rules of Procedure revision. A motion to go into executive session may be needed for a deliberation of the Board's CCS Constructors, Inc. decision and Hearing Officer's decision of Green Mountain Basement Solutions LLC. 

Purpose is to review the Status of Cases, Budget, and Rules of Procedure revision.

The purpose of this meeting is to deliberate on the CCS Constructors and DOL petitions for review.

The purpose of this meeting is to review CCS Constructors, Inc. and Deptarment of Labor's Petitions for Review. 

10:00 a.m.

Review of case docket status and budget.
11:00 a.m. - 1:00 p.m.
 

9:00 a.m.

Status of Cases, Budget, MOU with VDOL, Retention Policy

Purpose is to review the status of cases, budget, VDOL memorandum of understanding, meeting with VOSHA, electronic filings and signatures.

10:00 a.m.

Hearing begins at 9:00 a.m.

9:00 a.m. start time.

Purpose is to review the Status of Cases, Budget, Review Orders, and Rules of Procedure revision.

Start time: 9:30

9:30 a.m. start time

Purpose is to review the Status of Cases, Budget, Review Orders, and Rules of Procedure revision.

Building and location:   26 Terrace Street (Redstone), Montpelier, VT 05633

Docket No. RB 980
Beginning 9:00 a.m.

Hearing in the matter of
Vermont Department of Labor v. GARDA New England, Inc.
Docket number RB977; Inspection Number 1076980

Docket number 978; Inspection Number 1091055

Purpose is to review the status of cases, budget, review orders, and rules of procedure revision.

Purpose is to review the status of cases, budget, review orders, and Rules of Procedure revision.

 Docket No. RB #971
Notice of Rescheduled Hearing

COMMISSIONER OF VERMONT DEPARTMENT OF LABOR, Complainant
          vs.
DUMAS ROOFING CO. INC, Respondent

10:00 a.m.

Notice of Meeting

 Meeting of the Vermont Occupational Safety and Health Review Board-

The meeting will cover the following: Status of Cases, Budget, Review Orders, and Rules of Procedure revision.

The meeting will be held in the Labor Relations Board hearing room, 13 Baldwin Street, Montpelier, Vermont.

Dated this 14^th day of December at Montpelier, Vermont.

NOTICE OF RESCHEDULED HEARING

Docket No. RB #971

COMMISSIONER OF VERMONT DEPARTMENT OF LABOR, Complainant

vs.

DUMAS ROOFING CO. INC, Respondent

Pursuant to a request from George Dumas, Owner of Dumas Roofing Co. Inc., on December 2, 2015, a hearing in the above matter before Review Board Hearing Officer, Frank Murray, originally scheduled for December 9, 2015 is hereby rescheduled for January 8, 2016 at 9:00 a.m. at 13 Baldwin Avenue in Montpelier, Vermont.

State Holiday

Meeting of the Vermont Occupational Safety and Health Review Board

The purpose of the meeting is to review the status of cases, budget,  website development, administrative rules revision and orders.   In addition, the Board will be scheduling future Board meetings.

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 Friday, July 19, 2024  and if needed, on Monday, July 22, 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 1926.501(b)(13): Residential Construction – Fall Protection (fall arrest system)
29 CFR 1926.503(a)(1): Training program for recognition of hazards related to minimize hazards related to falling.

Purpose of this meeting is to discuss Budget to Actuals, Docket information, Executive Session to deliberate VRB1059 A.C.T. Roofing L.L.C, and set the next meeting.