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 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.

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 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 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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Phone Conference ID: 307 929 881#
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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.

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.

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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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.

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.

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.

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:

Microsoft Teams meeting
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+1 802-828-7667,,327225944#   United States, Montpelier
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.