Vermont § 224 - Rules and standards

§ 224. Rules and standards

• (a) The Commissioner shall adopt rules and standards necessary to implement the purposes
  and duties set forth in this subchapter insofar as they relate to safety and to enforcement
  of the VOSHA Code. (b) The Commissioner, in consultation with the Secretary of Human Services, shall adopt
  rules and standards necessary to implement the purposes of the VOSHA Code and duties
  imposed by the Code, insofar as they relate to health. (c) Any standard adopted under this section shall prescribe the use of labels or other
  appropriate forms of warning as are necessary to inform employees of all safety or
  health hazards to which they are exposed, relevant symptoms and appropriate emergency
  treatment, and proper conditions and precautions for safe use or exposure. Where appropriate,
  a rule shall prescribe suitable protective clothing, devices, or equipment that shall
  be provided by the employer, and control or technological procedures to be used in
  connection with the safety or health hazard; and shall provide for monitoring or measuring
  employee exposure at such locations and intervals and in such manner as may be necessary
  for the protection of employees. (d) Where appropriate, a standard adopted in consultation with the Secretary of Human
  Services may prescribe the type and frequency of medical examinations or other tests
  that shall be made available by an employer or at the expense of the employer, to
  employees exposed to health hazards in employment, in order to effectively determine
  whether the health of the employee is adversely affected by exposure to the hazard.
  In the event medical examinations are in the nature of research, as determined by
  the Secretary of Human Services, the examinations may be furnished at the expense
  of the State. The results of the examinations or tests shall be furnished only to
  the Secretary of Human Services, the Commissioner of Health, the Director of Occupational
  Health, the Commissioner of Labor, and at the request of the employee, to the employee’s
  physician and the employee. (e) The Commissioner, in consultation with the Secretary, in adopting standards dealing
  with toxic materials or harmful physical agents under this section, shall set the
  standard that most adequately ensures, to the extent feasible, on the basis of the
  best available evidence, that no employee will suffer material impairment of health
  or functional capacity even if the employee has regular exposure to the hazard dealt
  with by the standard for the period of the employee’s working life. Development of
  standards under this subsection shall be based upon research, demonstrations, experiments,
  and such other information as may be appropriate. In addition to the attainment of
  the highest degree of safety and health protection for the employee, other considerations
  shall be the latest available scientific data in the field, the feasibility of the
  standards, and experience gained under this and other safety and health laws. Whenever
  practicable, the standard adopted shall be expressed in terms of objective criteria
  and of the performance desired. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 18; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2015, No. 23, § 119; 2015, No. 87 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 54; 2023, No. 85 (Adj. Sess.), § 70, eff. July 1, 2024.)