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6 Baldwin Street, Montpelier

VRB1062 Vermont Culinary Islands

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.
 

VRB1059 A.C.T. Roofing L.L.C. Hearing

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.

VRB1051 TTS Tree Service LLC -CONTINUED DATE TBD

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.

VRB1051 TTS Tree Service LLC - CONTINUED DATE TBD

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.

VRB1058 JCR Construction Company Hearing -CANCELLED

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.
 

VRB1056 TR Burlington Motion Hearing

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. 

VRB1056 TR Burlington, LLC D/B/A Thorn and Roots CANCELLED

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.

VRB1056 TR Burlington, LLC D/B/A Thorn and Roots -CONTINUED

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.

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