Vermont § 208 - Imminent danger

§ 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,
  the Commissioner may order the workplace or any portion of the workplace to be immediately
  closed or order that steps be taken to avoid, correct, or remove the imminently dangerous
  conditions. The Commissioner may permit the presence of individuals necessary to avoid,
  correct, or remove the imminent danger, or to maintain the capacity of a continuous
  process operation to resume normal operations without complete cessation of operations,
  or where a cessation of operations is necessary, to permit it to be accomplished in
  a safe and orderly manner. On two business days’ notice to the Commissioner, an order
  issued under this section may be contested by filing a petition in Superior Court
  requesting dissolution or modification of the order. In that event, the court shall
  proceed to hear and to make an expeditious determination. (b) In the event the court vacates or otherwise invalidates the Commissioner’s order based
  upon a finding of willful misconduct or gross negligence, the court may determine
  the amount of damages suffered by the employer on account of the issuance of the order
  and shall enter judgment in that amount for the employer. (c) Any employer who violates an order of the Commissioner issued pursuant to subsection
  (a) of this section shall be fined not more than $5,000.00 per day. (d) Notice of orders issued under this section shall be served by certified mail with
  return receipt requested or in person to all parties who have a recorded interest
  in the property where land records for the property are recorded, including owners,
  tenants, mortgagees, attaching creditors, lien holders, and public utilities or water
  companies serving the premises. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 10; 1985, No. 150 (Adj. Sess.), § 1; 2017, No. 11, § 50.)