Title 21, Title 21: Labor

§ 4. Duties as to employment and payment of wages The Commissioner or the Commissioner’s agent shall make examinations and investigations to see that the laws pertaining to the employment of minors and the weekly payment of wages are being complied with and for such purposes may …

§ 141. Purpose; definitions (a) The purpose of this subchapter is to ensure that elevators and other automated conveyances are correctly and safely installed and operated within the State by authorizing and enforcing rules for the design, installation, operation, and maintenance …

§ 142. Conveyances regulated (a) This subchapter regulates the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following conveyances and associated parts that are installed in or on a public building: (1) hoisting and lowering mech…

§ 143. License required No person shall erect, construct, wire, alter, replace, or maintain any conveyance located in any public building in this State unless the person is licensed as an elevator mechanic, except that person who is licensed as a lift mechanic may erect, construc…

§ 144. Elevator Safety Review Board; members; duties (a) The Elevator Safety Review Board is established within the Department, and shall consist of seven members, one of whom shall be the Commissioner or designee, one of whom shall be the Commissioner of Labor or designee, and f…

§ 145. Elevator mechanic license and lift mechanic license An individual shall submit to the Commissioner a written application for an elevator mechanic or a lift mechanic license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an a…

§ 146. Elevator inspector license An individual shall submit to the Commissioner a written application for an elevator inspector license on a form provided by the Board, accompanied by the required fee. A license shall be granted to an applicant who demonstrates to the satisfacti…

§ 147. Examination not required A license for elevator mechanic or inspector shall be issued to an applicant, upon application and payment of the required fee, or to an individual who holds a comparable valid license or certification from a state that has equal or more stringent …

§ 148. Issuance and renewal of licenses; fees (a) A license issued by the Board shall be valid for two years. The Board may renew a license, provided the applicant submits a written application for renewal accompanied by the required fee prior to expiration of the license. (b) Ap…

§ 149. Civil penalties; suspension; revocation of license After notice and hearing, the Board may suspend or revoke a license and assess administrative penalties pursuant to section 156 of this title for any of the following reasons: (1) fraud or deceit in obtaining the license; …

§ 150. Registration of conveyances (a) The owner or lessee of a conveyance shall register the conveyance with the Department, pursuant to rules adopted by the Board. The registration shall include the type, rated load and speed, manufacturer, location, purpose, date of installati…

§ 151. Permits (a) No conveyance shall be erected, constructed, installed, or altered in a public building unless a permit has been obtained from the Department before work is commenced. Before a material alteration, as defined by rule, is begun, the conveyance shall conform to r…

§ 152. New installations; annual inspections and registrations (a) A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued. (b) Every conveyance subject to this…

§ 153. Insurance requirements; license A licensed elevator inspector shall submit to the Department an insurance policy, or certified copy issued by an insurance company authorized to do business in Vermont, that provides general liability coverage in an amount to be determined, …

§ 154. Enforcement (a) The Commissioner may contract with elevator inspectors to perform random on-site inspections and tests on existing conveyances, conduct periodic inspections and tests to ensure satisfactory performance by licensed individuals, and develop public awareness p…

§ 155. Liability This subchapter shall not be construed to relieve any person that owns, operates, controls, maintains, erects, constructs, installs, alters, inspects, tests, or repairs any elevator or other conveyance covered by this subchapter from liability for damages to pers…

§ 156. Penalty (a) Any owner or lessee who violates any of the provisions of this subchapter shall be fined not more than $1,500.00 for each occurrence. (b) The Commissioner may, after notice and hearing, assess an administrative penalty of not more than $1,000.00 for each violat…

§ 157. Elevator Safety Fund; creation The Elevator Safety Fund is created for the purpose of funding the Elevator Safety Inspection and Licensing Program. All revenues from fees collected for licensing elevator mechanics and inspectors, and issuing permits and certificates of ope…

§ 201. Occupational policy (a) It is the policy of the State of Vermont that in their employment all persons shall be provided by their employers with safe and healthful working conditions at their workplace, and that insofar as practicable an employee shall not experience dimini…

§ 202. General purpose The purpose of this chapter is to provide efficient implementation of the policy of the State expressed in section 201 of this title. (Added 1971, No. 205 (Adj. Sess.), § 1.)

§ 203. Definitions As used in this chapter: (1) “Act” means the Occupational Safety and Health Act of 1970 and rules adopted pursuant to that Act, as amended. (2) “Commissioner” means the Commissioner of Labor or designee. (3) “Department” means the Department of Labor. (4) “Dire…

§ 204. Rules and procedure (a) 3 V.S.A. chapter 25, relating to administrative procedure, shall apply to this chapter and the VOSHA Code. (b) All or part of a printed publication of standards or rules, including standards promulgated under the Act, may be made a rule or part of a…

§ 205. Variances (a) In cases involving a workplace, the Secretary of Human Services, in the case of health standards, and the Commissioner, in the case of safety standards, may grant a variance from a standard or any provision of a standard adopted in a rule, under the same term…

§ 206. Inspections and investigations (a) The Commissioner or the Director, or their agents, may enter upon a premises, upon presenting appropriate credentials to the occupant, at reasonable times, for the purpose of inspecting the premises within reasonable limits and in a reaso…

§ 207. Trade secrets All information reported to or otherwise obtained by the Commissioner or the Director, or their agents, in connection with any inspection or proceeding under this chapter or the VOSHA Code, that contains or might reveal a trade secret referred to in 18 U.S.C.…

§ 208. Imminent danger (a) Whenever the Commissioner finds that any workplace is in violation of any portion of the VOSHA Code or this chapter and that the violation creates a dangerous condition that can be reasonably expected to cause imminent death or serious physical harm, th…

§ 209. Appeals Except as to matters provided for in subchapter 5 of this chapter, a person aggrieved by an order or action of the Commissioner under this chapter, or a rule adopted pursuant to this chapter, may appeal to the Superior Court for the order or action within 20 days a…

§ 210. Penalties (a) Upon issuance of a citation under this chapter, the Review Board is authorized to assess civil penalties for grounds provided in this subsection. In assessing civil penalties, the Review Board shall follow to the degree practicable the federal procedures pres…

§ 221. State plan and cooperation The State of Vermont desires to assume responsibility for the development and enforcement of occupational safety and health standards within the State. To that end, the Commissioner shall submit plans and reports to the appropriate federal offici…

§ 222. Application The VOSHA Code shall apply with respect to employers, employees, and employment in or at a workplace in the State of Vermont, except that: (1) standards applicable to products that are distributed or used in interstate commerce that are different from federal s…

§ 223. Duties (a) Each employer shall furnish to each of the employer’s employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or significant physical harm to the employees; and the employer shall comply …

§ 224. Rules and standards (a) The Commissioner shall adopt rules and standards necessary to implement the purposes and duties set forth in this subchapter insofar as they relate to safety and to enforcement of the VOSHA Code. (b) The Commissioner, in consultation with the Secret…

§ 225. Citations (a)(1) If, upon inspection or investigation, the Commissioner or the Director or the agent of either of them finds that an employer has violated a requirement of the VOSHA Code, the Commissioner shall with reasonable promptness issue a citation to the employer an…

§ 226. Enforcement (a)(1) An employer shall, within 20 days after personal service or receipt of a citation issued under section 225 of this subchapter, notify the Commissioner that the employer wishes to appeal the citation or proposed penalty. (2) If an employer does not notify…

§ 227. Judicial review (a)(1) Any person adversely affected or aggrieved by an order of the Review Board may appeal to any Superior Court for the county in which the violation is alleged to have occurred or where the employer has its principal office. The appeal shall be taken wi…

§ 228. Reports (a) Employers shall keep and file all reports and records required under the Act and any reports and records that the Commissioner or the Secretary of Human Services may require by rule. (b) The Commissioner shall make such reports to the Secretary of the U.S. Depa…

§ 230. Occupational Safety and Health Review Board (a) The Occupational Safety and Health Review Board is created. It shall consist of three members who shall be appointed by the Governor, with the advice and consent of the Senate. The members of the Board shall be appointed for …

§ 231. Employee rights (a) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in…

§ 232. Private right of action An employee aggrieved by a violation of section 231 of this title may bring an action in Superior Court for appropriate relief, including reinstatement, triple wages, damages, costs, and reasonable attorney’s fees. Such an action may be brought in a…

§ 301. Medical examination, expense It shall be unlawful for any employer, as defined in section 302 of this title, to require any employee or applicant for employment to pay the cost of a medical examination as a condition of employment.

§ 302. Definitions As used in this subchapter: (1) “Employer” means any individual, organization, or governmental body, including any partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or forei…

§ 303. Penalty; judicial bureau Any employer who violates the provisions of this subchapter shall be assessed a civil penalty of not more than $100.00 for each and every violation. (Amended 2007, No. 144 (Adj. Sess.), § 3.)

§ 304. Employment conditions An employer shall provide an employee with reasonable opportunities during work periods to eat and to use toilet facilities in order to protect the health and hygiene of the employee. (Added 1997, No. 115 (Adj. Sess.), § 1, eff. Jan. 1, 1999.)

§ 305. Nursing mothers in the workplace (a) For an employee who is a nursing mother, the employer shall for three years after the birth of a child: (1) Provide reasonable time, either compensated or uncompensated, throughout the day to express breast milk for her nursing child. T…

§ 306. Public policy of the State of Vermont; employment separation agreements In support of the State’s fundamental interest in protecting the safety of minors and vulnerable adults, as defined in 33 V.S.A. § 6902, it is the policy of the State that no confidential employment se…

§ 309. Flexible working arrangements (a)(1) An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in subsections (b) and (c) of this section at least twice per calendar …