• Vermont’s occupational policy advocates a safe working environment for all employees.The gold topped state capitol building in Montpelier, Vermont image by Rob Hill from Fotolia.com
  
  Vermont has assumed the responsibility of operating its own occupational safety and health program. The state was required to demonstrate that Vermont's Occupational Safety and Health Administration (VOSHA) regulations met or exceeded those of the federal Occupations Health and Safety Act (OSHA) regulations. Vermont was certified as having done so in 1977. VOSHA regulations are defined under Title 21 (Labor) and Title 18 (Occupational Health) of the Vermont Statutes Annotated (V.S.A.).
  
  

Occupational Policy

• 21 V.S.A. Section 201 presents the policy that drives Vermont's mission of a safe and healthy workplace for all employees working in the state. The policy requires Vermont employers to align their occupational safety and health business practices with Vermont's mission. This provision also clarifies Vermont’s duty and intent to comply with federal OSHA regulations and guidelines.
  
  

Imminent Danger

• 21 V.S.A. Section 208 authorizes the commissioner of labor to stop business operations when there are conditions that are dangerous enough to lead to injury or death. The commissioner is authorized to issue an order to completely close the workplace or to restrict access to the immediate area of danger. Employers have the right to petition the court to have the order modified or terminated.
  
  

Duties

• Safety in the workplace requires the cooperative effort of both employer and employee. 21 V.S.A. Section 223 defines the cooperative responsibilities of both parties. It is the employer’s duty to provide a workplace that is free from hazards which may lead to injury or death. It is the duty of the employee to comply with the defined safety and health regulations. The regulations should comply with VOSHA requirements.
  
  

Employee Rights

• An employer is not permitted to retaliate against an employee who has provided information or testimony related to safety violations. Retaliations of this nature are in violation of 21 V.S.A. Section 231. If an employee feels that he has been discharged or treated unfairly in some other manner, 21 V.S.A. Section 231 allows him to file a complaint with the commissioner of labor.
  
  

Control Equipment

• 18 V.S.A. 1418 requires employers to comply with orders to install or make available equipment to control or prevent exposure to health hazards. Orders of this type are issued to minimize the chances of injuries that may result from exposure to the identified health hazard. The employer must comply before the imposed time limit expires. Failure to comply in a timely manner is a VOSHA violation.
  
  

Smoking in the Workplace

• With the exception of the Vermont veterans’ home, 18 V.S.A 1421 prohibits smoking in any enclosed workplace structure. Workers are permitted to smoke outside of the enclosed structure. Veterans’ home residents are permitted to smoke in an enclosed area if it is designated as a permitted smoking area. Schools are not permitted to allow smoking in areas where children are present. This includes areas outside of the enclosed workplace structure.