Vermont § 210 - Penalties

§ 210. Penalties

• (a) Upon issuance of a citation under this chapter, the Review Board is authorized to
  assess civil penalties for grounds provided in this subsection. In assessing civil
  penalties, the Review Board shall follow to the degree practicable the federal procedures
  prescribed in rules adopted under the Act. The Review Board shall give due consideration
  to the appropriateness of the penalty with respect to the size of the business or
  operation of the employer being assessed, the gravity of the violation, the good faith
  of the employer, and the history of previous violations. Civil penalties shall be
  paid to the Commissioner for deposit with the State Treasurer, and may be recovered
  in a civil action in the name of the State of Vermont brought in any court of competent
  jurisdiction. The Commissioner shall not reduce the assessed penalties in any fiscal
  year by more than 50 percent. (1) Any employer that willfully or repeatedly violates the requirements of this Code or
  any standard or rule adopted, or order issued pursuant to this Code may be assessed
  a civil penalty of not more than $126,749.00 for each violation, but not less than
  $5,000.00 for each willful violation. (2) Any employer that has received a citation for a serious violation of the requirements
  of this Code, or any standard or rule adopted, or order issued pursuant to this Code,
  shall be assessed a civil penalty of up to $12,675.00 for each violation. (3) Any employer that has received a citation for a violation of the requirements of this
  Code, or any standard or rule adopted, or order issued pursuant to this Code, if the
  violation is specifically determined not to be of a serious nature, may be assessed
  a civil penalty of up to $12,675.00 for each such violation. (4) Any employer that fails to correct a violation for which a citation has been issued
  within the period permitted for its correction, which period shall not begin to run
  until the date of the final order of the Review Board, in the case of any review proceeding
  under section 226 of this title initiated by the employer in good faith and not solely for delay or avoidance of
  penalties, may be assessed a civil penalty of not more than $12,675.00 for each day
  during which the failure or violation continues. (5) Any employer that willfully violates any standard or rule adopted, or order issued
  pursuant to this Code, and that violation caused death to any employee, shall, upon
  conviction, be punished by a fine of not more than $126,749.00 or by imprisonment
  for not more than one year, or by both. (6) Any person who gives advance notice of any inspection to be conducted under this Code,
  without authority from the Commissioner or Director or designees, shall, upon conviction,
  be punished by a fine of not more than $ 1,000.00 or by imprisonment for not more
  than six months, or by both. (7) Whoever knowingly makes any false statement, representation, or certification in any
  application, record, report, plan, or other document filed or required to be maintained
  pursuant to this Code shall, upon conviction, be punished by a fine of not more than
  $10,000.00 or by imprisonment for not more than six months, or by both. (8) Any employer that violates any of the posting requirements, as prescribed under the
  provisions of this Code, shall be assessed a civil penalty of up to $12,675.00 for
  each violation. (9)(A) As provided under the federal Civil Penalties Inflation Adjustment Act Improvements
  Act of 2015 and the Act, the penalties provided in subdivisions (1), (2), (3), (4),
  (5), and (8) of this subsection (a) shall annually, on January 1, be adjusted to reflect
  the increase in the Consumer Price Index, CPI-U, U.S. City Average, not seasonally
  adjusted, as calculated by the U.S. Department of Labor or successor agency for the
  12 months preceding the previous December 1. (B) The Commissioner shall calculate and publish the adjustment to the penalties on or
  before January 1 of each year, and the penalties shall apply to fines imposed on or
  after that date. (b) For purposes of this section, a serious violation shall be deemed to exist in a place
  of employment if there is a substantial probability that death or serious physical
  harm could result from a condition that exists, or from one or more practices, means,
  methods, operations, or processes that have been adopted or are in use, in such place
  of employment unless the employer did not and could not, with the exercise of reasonable
  diligence, know of the presence of the violation. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 11; 1985, No. 150 (Adj. Sess.), § 2; 1991, No. 23, § 1, eff. May 3, 1991; 2003, No. 66, § 74; 2017, No. 69, § D.1, eff. June 8, 2017.)