Labor officials tell House committee Vermont can use the general-duty rule now but lacks a temperature-specific standard

The House Committee on General & Housing on March 24 heard testimony from Vermont Department of Labor officials on proposed extreme-temperature elements for omnibus labor bill S230. Kendall Smith, Commissioner of the Vermont Department of Labor, and Durk Anderson, Director of Workers' Compensation, said Vermont enforces workplace temperature hazards under its OSHA state plan but that federal OSHA has not finalized a temperature-specific standard.

Smith and Anderson told the committee that Vermont is a state-plan jurisdiction and must enforce standards at least as effective as federal OSHA. "Federal OSHA does not have an extreme temperature standard," Anderson said; instead, Vermont relies on the general duty clause to address hazards that are "likely to cause death or serious bodily injury," when an employer knew of the hazard and a feasible abatement existed.

The department provided six-year complaint and inspection numbers for context. Between 2020 and February 2026 BOSHA received 1,732 total complaints across all industries; 29 of those were temperature-related (23 heat, six cold). Of the temperature complaints, nine led to on-site inspections and three resulted in monetary penalties (two for cold exposure and one for heat), the department said. The department committed to providing the committee with inspection and citation details on request.

Officials emphasized that, while the general duty clause allows BOSHA to investigate and cite salient hazards, it sets a higher evidentiary bar than a bright-line standard because inspectors must show the hazard met the statutory threshold for serious injury or death, employer awareness, and feasibility of correction. "We do already have some options to address this when we see egregious instances of workplace safety related to the temperatures that people are exposed to within our existing authority through that general duty clause," Smith said.

Committee members also asked about a pending federal OSHA proposed rule on extreme temperatures (proposed Aug. 30, 2024). Department staff said the federal proposal is detailed but its finalization is uncertain; if adopted, Vermont—like other state-plan jurisdictions—would need to consider rulemaking to align the state plan with any new federal standard.

Beyond legal authority, witnesses told members the practical mechanics of a state standard would raise many operational questions. Department staff asked for clarity in legislation on who would log thermometer readings, how workplaces should document conditions at the precise time of a complaint, whether short intermittent relief periods count toward exemptions, and how to treat mobile worksites (road crews, farms), enclosed cabs without air conditioning, and semi-open environments such as greenhouses or barns. They warned that responding to day-of complaints versus within the agency's typical five-business-day timeline would require additional resources.

The hearing closed with the department offering to supply further documentation requested by the committee; the panel recessed for a short break and planned to continue consideration after follow-up materials were provided.