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Hearing

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

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, and if needed, on Wednesday, April 17, 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.

VRB1054 CS CONTRACT SOLUTIONS LLC -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 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.

VRB1052 Twin State Traffic Control LLC -CANCELLED

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.

VRB1046 United Parcel Service, Inc. -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 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.

VRB1046 United Parcel Service, Inc. - 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 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.

VRB1045 Commissioner of Labor v. Construx, Inc. 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 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:

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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.

Oral Argument

Vermont Commissioner of Labor v. Kingsbury Companies, LLC

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

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Commissioner of Labor v. Michael Eno Painting, LLC. --Docket # VRB1039

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.

Commissioner of Labor v. United Parcel Service, Inc. --Docket # VRB1038

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.

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