{"id":"DUT-VT-014","kind":"duty","level":"state","jurisdiction":"Vermont","state":"VT","metro":"","industry":"","agency":"","eco":"","issuer":"Vermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code)","authority":"Occupational Safety and Health Act of 1970 sec. 18, 29 U.S.C. sec. 667 (State plan); 21 V.S.A. sec. 201 (purpose; VOSHA Code); Vermont State Plan approved by federal OSHA (1973; final approval)","instrument":"21 V.S.A. sec. 223 (Duties)","title":"Duties of employers and employees (Vermont general duty clause)","dateIssued":"2024-07-01","effective":"standing; in force throughout March 2020 to September 2021","end":"standing","startDate":"2024-07-01","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every private employer and every State and local government employer in Vermont; federal OSHA covers only the exceptions listed in the State Plan); employees"],"clause":"Each employer shall furnish to each of the employer\u0027s 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 with safety and health standards adopted under the VOSHA Code.","enforcement":"21 V.S.A. sec. 210: civil penalty up to $12,675 for each serious violation, up to $126,749 (not less than $5,000) for each willful or repeated violation, up to $12,675 per day for failure to correct; willful violation causing death: fine up to $126,749 or imprisonment up to one year (Ex. DUT-VT-015)","functions":[],"notes":"Every Vermont employer to furnish employment and a place of employment free from recognized hazards causing or likely to cause death or significant physical harm, and to comply with every VOSHA Code standard; SARS-CoV-2 in the workplace was a recognized hazard from March 2020 (the Governor\u0027s orders, VDH and CDC guidance and VOSHA\u0027s own mandatory training, Exs. VT-016, VT-017, identified it as such), so distancing, screening, masking, ventilation, cleaning and exclusion of the sick were the performance of this duty, not a voluntary reduction of operations. Subsection (b) binds every employee to comply with the VOSHA Code\u0027s standards, rules and orders.","sourceUrl":"https://legislature.vermont.gov/statutes/section/21/003/00223","snapshot":"","fileExists":true,"fileBytes":37394,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-VT","url":"/library/DUT-VT-014","exhibitUrl":"/exhibit/DUT-VT-014","citation":"Vermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code), 21 V.S.A. sec. 223 (Duties) (standing) (Ex. DUT-VT-014)","stateName":"Vermont","related":["VT-016","VT-017","DUT-NY-017","AGY-FED-LABOR-IMMIGRATION-031","VT-025","DUT-VT-015"]}