Vermont Statutes Title 21 Sec. 225
Terms Used In Vermont Statutes Title 21 Sec. 225
- Commissioner: means the Commissioner of Labor or designee. See
- Director: means the Director of Occupational Health. See
- Employer: means a person, as hereinafter defined, who employs one or more persons. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Rule: means a rule or regulation. See
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- VOSHA Code: means subchapters 4 and 5 of this chapter and 18 Vt. See
§ 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 and serve it on the employer by certified mail or in the same manner as a summons to the Superior Court. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provisions of the statute, standard, rule, or order alleged to have been violated, as well as the penalty, if any, proposed to be assessed pursuant to section 210 of this title. In addition, the citation shall fix a reasonable time for the abatement of the violation.
(2) By rule, the Commissioner shall adopt procedures for issuance of a notice in lieu of a citation with respect to de minimis violations that have no direct or immediate relationship to safety or health and for hearing interested parties before a civil penalty is assessed.
(b) Each citation issued under this section, or a copy or copies of the citation, shall be prominently posted, as prescribed in rules adopted by the Commissioner, at or near each place a violation referred to in the citation occurred or existed.
(c) A citation issued under this section may be served by an agent of the Commissioner, who shall make return in the same manner as sheriffs, deputy sheriffs, or constables make after serving a summons.
(d) A citation may not be issued after six months following the inspection or investigation that reveals the violation. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 54, § 69, eff. June 1, 2009; 2017, No. 148 (Adj. Sess.), § 6, eff. May 21, 2018.)