The VOSHA Code shall apply with respect to employers, employees, and employment in
or at a workplace in the State of Vermont, except that:
(1) standards applicable to products that are distributed or used in interstate commerce
that are different from federal standards for such products shall not be adopted under
the VOSHA Code unless the standards are required by compelling local conditions and
do not unduly burden interstate commerce; and
(2) nothing in the VOSHA Code shall be construed to supersede or in any manner affect
the workers’ compensation laws of this State pursuant to chapter 9 of this title,
or enlarge, diminish, or affect in any other manner the common law or statutory rights,
duties, or liabilities of employers and employees under any law with respect to injuries,
diseases, or death of employees arising out of or in the course of employment. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 12; 1981, No. 165 (Adj. Sess.), § 1; 2023, No. 85 (Adj. Sess.), § 68, eff. July 1, 2024.)
Green Mountain Power Corp. v. Comm'r of Labor & Indus., 383 A.2d 1046 (Vt. 1978). “21 V.S.A. § 222 (a) (2). The penalties that may be imposed under the Act, which are collected by the state, exist to deter violations of the Act and to compel abatement or correction of hazardous conditions or activities.”
Worthen v. Gaulin (Vt. Super. Ct. 2005). “” 21 V.S.A. § 222(2). But OSHA also provides a private right of action with broad relief that federal courts have declined to infer a right of action from the federal OSHA statute.”
— Vt. Stat. Ann. tit. 21, § 222(2) — 1 case
Worthen v. Gaulin (Vt. Super. Ct. 2005). “” 21 V.S.A. § 222(2). But OSHA also provides a private right of action with broad relief that federal courts have declined to infer a right of action from the federal OSHA statute.”
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