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Department highlights VOSHA enforcement, citation rationale and workers' compensation links
Summary
Department officials described how Vermont's state OSHA program inspects workplaces, issues penalties based on risk rather than repair cost, and connects enforcement and safety work to workers' compensation outcomes.
Department of Labor officials told the House Commerce & Economic Development Committee on Jan. 23 that the state's VOSHA program inspects workplaces after complaints, major injuries and fatalities and uses a penalty matrix tied to risk and potential harm rather than the repair cost.
Michael Harrington said VOSHA inspectors handle complaints and major incidents and that penalties are based on a matrix that reflects risk and potential injury: "The fine is not based on what it cost to fix the problem. The fine is based on their their risk and the cost of the the the injury that could have or did occur, because of the unsafe business practice," Harrington said.
Why this matters: employers and employees raised concerns in the briefing about citations that can be substantially higher than a narrow repair cost. Officials said penalties can be reduced when employers take corrective action and invest in training, but statutory and regulatory limits constrain how much the department can reduce fines.
Dirk Anderson clarified jurisdictional and appeal processes for VOSHA: Vermont operates a state OSHA plan and therefore enforces occupational safety and health standards for both private and public employers in-state. Employers dissatisfied with an inspection can seek an informal conference and, if needed, appeal to the VOSHA Review Board, a state review board outside the department.
Officials noted the connection between safety enforcement and workers' compensation insurance rates: stronger safety programs and proactive inspections help lower workplace injuries and reduce workers' comp rates over time. Project WorkSafe, a no-cost employer safety-audit program, was cited as a prevention tool.
Committee members also asked about "DigSafe" permitting language in pending legislation; department staff said DigSafe oversight was not part of the Department of Labor's portfolio and suggested the Public Service Department as the appropriate contact.
Ending: Officials asked legislators to direct constituents with unusual inspection or adjudication questions to departmental contacts; they said they would continue outreach on safety programs and prevention services.
