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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.