Hearing

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.

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 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, 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, 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.

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.