Code of Vermont Rules › Agency 24 - DEPARTMENT OF LABOR › Sub-Agency 050 - VERMONT OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION › Chapter 002 - VERMONT OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD RULES OF PROCEDURE › Section 24 050 002 - VERMONT OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD RULES OF PROCEDURE

Current through June, 2024
SUBPART A
				GENERAL PROVISIONS
AUTHORITY: The provisions of this part are issued under 21
				  VSA Section 230.
2200.1 Definitions.
(a) Act means the Occupational Safety and
				Health Act of 1970, 29 U. S. C. 651-678.
(b) Affected Employee means an employee of a
				cited employer who is exposed to or has access to the hazard arising out of the
				allegedly violative circumstances, conditions, practices, or
				operations.
(c) Authorized Employee
				Representative means a labor organization that has a collective bargaining
				relationship with the cited employer and that represents affected employees who
				are members of the collective bargaining unit.
(d) Citation means a written communication
				issued by the Commissioner of Labor to an employer pursuant to 21 VSA Section
				225 describing the nature of the alleged violation of the VOSHA Code together
				with the date by which the alleged violation is to be abated.
(e) Clerk means the Clerk of the Review
				Board.
(f) Commissioner means the
				Commissioner of Labor or designee.
(g) Day means a calendar day.
(h) "Electronic transmission" or
				"electronically transmitted" means a process of communication not directly
				involving the physical transfer of paper that is suitable for the retention,
				retrieval, and reproduction of information by the recipients. Facsimile
				transmission is not considered an electronic transmission.
(i) Employee, Employer, and Person have
				meanings set forth in 21 VSA § 203.
(j) Hearing Officer means a Hearing Officer
				appointed by the Review Board set forth in 21 VSA § 230.
(k) Intervenor means anyone with an interest
				in a given Review Board proceeding who is not a party and has been granted
				intervenor status.
(l) Notification
				of proposed penalty and Notification of failure to correct a violation mean
				written communications from the Commissioner issued pursuant to 21 VSA Section
				225 and 226.
(m) Party means any
				department, employer and employee affected by a citation(s) issued by the
				Commissioner of Labor and any authorized representative who has entered an
				appearance in the matter.
(n)
				Pleadings are complaints and answers filed under § 2200.34, statements of
				reasons and employers' responses filed under § 2200.38, and petitions for
				modification of abatement and objecting parties' responses filed under §
				2200.37. A motion is not a pleading within the meaning of these
				rules.
(o) Proceeding means any
				proceeding before the Review Board or its Hearing Officer initiated under 21
				VSA Section 226.
(p) Pro Se means
				any party representing themselves.
(q) Representative means any person,
				including an authorized employee representative, authorized by a party or
				intervenor to represent it in a proceeding.
(r) Review Board means the Occupational
				Safety and Health Review Board as created under 21 VSA 230.
(s) Rule means a rule or
				regulation.
(t) VOSHA Code means
				the Vermont Occupational Safety and Health Act, 21 VSA, Chapter 3, Subchapters
				4 and 5, and 18 V.S.A. chapter 28, and the rules adopted thereunder.