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.