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“I filed a VOSHA complaint. The investigation opened Jan. 9 and is still open, not closed yet, 4 months later,” Jennings said, describing follow‑up he has received from inspectors. Jennings told the committee he suffered a repetitive‑motion back injury and has ongoing workers’‑compensation and physical‑therapy matters; he named the insurer Sedgwick in his testimony.

Molly Mahar, president of the Vermont Ski Areas Association (Ski Vermont), told the committee that ski areas have a “strong culture of safety” but that H.348’s cold‑temperature trigger — a minimum of 60 degrees Fahrenheit for certain provisions — is unrealistic for Vermont operations. “The cold trigger of 60 degrees Fahrenheit is not practical for Vermont,” she said, noting many jobs on a mountain are mobile, staff cover large vertical ranges, and weather varies by elevation.

Mahar said ski areas already follow federal and state safety frameworks, including the ANSI B77 standard for passenger tramways and a Vermont Tramway Board addendum administered by the Vermont Department of Labor; tramway inspectors conduct year‑round inspections and can require shutdowns when needed.

Both witnesses said the bill’s minimum break and monitoring requirements would be difficult to apply across dispersed, mobile worksites. Jennings proposed amending 21 V.S.A. §304 (the statute on toilet and meal breaks) to add a requirement that employers provide opportunities for workers to warm up during cold outdoor work; he provided draft language to the committee.

There was no vote or formal committee action; committee members asked questions about enforcement, tramway standards, and how employers currently handle breaks and staffing. The testimony will be part of the committee record as members consider potential changes to the draft bill.","mediaType","Video","parentTitle","House General - 2025-05-08 - 10AM","oneSentenceSummary","A ski‑lift operator described injuries and a still‑open VOSHA complaint after single‑operator shifts; Ski Vermont warned the bill’s 60°F cold trigger, mandatory breaks and site‑monitoring provisions would be overly prescriptive and operationally difficult for mountain employers.","taxTitle","General & Housing, HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont","taxId",30954,"location","Vermont","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6243318,"Construction group warns H.348 could create conflicting heat-and-cold rules and raise costs",1506,125750,1632335,"/Search/View?dp=1&key=3240957-68a3cf4340f7a2edfec0ce8c533c11c9&start=125&end=1632","https://assets.pipeline.soar.com/3240957-68a3cf4340f7a2edfec0ce8c533c11c9/thumbnail_125750.jpg","/articles/6243318/Vermont/Construction-group-warns-H348-could-create-conflicting-heat-and-cold-rules-and-raise-costs","https://secure.pipeline.soar.com/6243318-118b6177d3354dc640072cf811f05d1a/orig.mp4?Expires=1770993874&Signature=GMtUcI6JKotYXOCfI-w4EY2VvisV2suKDDn94gVVE5V6plDYBEnV-kuRAeiBtlznh6FtVRKHy2nSvIfQjsPeO5KinbJOCNoU9uPIUoREnFhDZTwdf5nbLmb7G5cL8Yt~eq9gB5Uq8zNV0FLD0KQBz-v5Zj6V6pqEwKkxirk73OrQM5t2HQl83wYYSP6aeas8yMfFsV5MYBSq4hruTJR~VePZIcwTX9FZOlWxPceSw6nxlxaq8nfJGiPmZmzIVOiKxxeIq0DoraGIEFhKaYVxtS2gAINOWAjjrY6rDw7CiO49z7YyA-I8vek7VJtgKY40AsO1JnQDonzIpg0nGyizJQ__&Key-Pair-Id=KUT5TJCACFTXG","Ben Osha, director of workforce and training at the Associated General Contractors of Vermont, told the House General & Housing Committee on May 8 that H.348, an act to protect workers from extreme workplace temperatures, may force Vermont employers to follow “two different rulebooks.”

Osha said federal OSHA issued a notice of proposed rulemaking on heat on Aug. 30, 2024, and that a separate state law now could create overlapping or conflicting requirements. “Employers are gonna have to be dealing with 2 different rulebooks for the same, extreme temperature problem,” he said.

The concern is practical as well as legal: Osha said many small contractors lack in‑house safety officers and would need to hire subcontracted safety consultants to prepare the bill’s required site‑specific programs. He gave cost estimates used by AGC members: $50–$100 an hour for a safety consultant or about $500 for a single site visit, and said a complete site program can take 10–12 hours to develop. He also noted recurring costs such as rental job trailers (“somewhere around $300–$500 a month”) with HVAC if employers use them as shaded or climate‑controlled breakspace.

“It's gonna drive up prices for projects and, you know, overall, make it more expensive for the customer for the product,” Osha said, framing the argument in procurement and bid‑cost terms.

Osha said AGC provides training on heat and cold for its members and that AGC’s training program served roughly 2,800–3,000 people this year. He also noted that federal enforcement currently relies in part on the OSHA general duty clause and ongoing inspection activity: employers already are expected to provide water, rest and shade under existing obligations.

Committee members and witnesses discussed timing. One committee member asked whether the legislature should wait for federal regulatory action, noting staff expected federal compliance guidance around June 10; Osha said he preferred postponing state action until the federal rule is clearer. Legislative Council and other committee members observed that states may set protections that are at least as protective as federal rules, and that the federal process could take much longer in any case.

No formal action or vote occurred during the hearing; testimony and follow‑up questions comprised the record. Committee members asked for supplemental materials, and witnesses said they would provide sample handouts and cost figures to the committee staff.

The committee will consider additional testimony and possible language changes in later sessions; no statutory changes were adopted at the hearing.","Representatives of the Associated General Contractors of Vermont told the House General & Housing Committee May 8 that H.348 — a bill to protect workers from extreme temperatures — could conflict with an impending federal OSHA standard, require time‑consuming site‑specific programs, and increase contractors’ costs.","actionData","errors"]

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Ski‑area worker and industry group say H.348’s cold provisions are impractical for mountain operations

Construction group warns H.348 could create conflicting heat-and-cold rules and raise costs