VOSHA coverage — private sector, state, and local government employers
Vermont administers workplace safety and health standards through the Vermont Occupational Safety and Health Administration (VOSHA), a state plan operating under agreement with federal OSHA. VOSHA covers private-sector employers and state and local government workers. Federal employees (including USPS) remain under federal OSHA jurisdiction. The Vermont State Plan excludes offshore maritime employment (including offshore shipyard employment and longshoring), contract workers and contractor-operated facilities engaged in USPS mail operations, and aircraft cabin crewmembers onboard aircraft in operation. Farms with 10 or fewer non-family employees are exempt from VOSHA coverage.
Source: 21 V.S.A. § 201, Vermont State Plan overview (OSHA.gov), VOSHA employee rights (Vermont Dept. of Labor)
VOSHA standards — adoption of federal OSHA standards by reference
Vermont adopts federal occupational safety and health standards as state law through a statutory incorporation-by-reference mechanism. Under 21 V.S.A. § 201(c)(2), "standards promulgated under the Occupational Safety and Health Act of 1970, as amended, when applicable to employment in the State of Vermont, shall be prescribed in rules adopted under this subchapter." This directive requires Vermont to incorporate federal OSHA standards into the Vermont Occupational Safety and Health Administration (VOSHA) Code.
The incorporation mechanism is set forth in 21 V.S.A. § 204(b), which permits Vermont to adopt "all or part of a printed publication of standards or rules, including standards promulgated under the [federal OSH] Act" by reference, so long as the rule references "the printed publication by its title and where it may be procured at the time the rule is adopted." This allows Vermont to track federal amendments without re-drafting substantive text each time OSHA updates a standard.
Scope of adoption. VOSHA has adopted the federal standards codified in 29 C.F.R. Parts 1910 (general industry), 1915 (maritime), and 1926 (construction) by reference. The Vermont State Plan incorporates federal amendments after Vermont completes its administrative rulemaking procedures under 3 V.S.A. Chapter 25 (Vermont Administrative Procedure Act). Federal OSHA formally approves Vermont's adoption of updated standards to ensure the state plan remains "at least as effective" as federal OSHA, as required by Section 18 of the federal OSH Act, 29 U.S.C. § 667.
State-specific standards. Vermont may promulgate standards that differ from federal standards only when "required by compelling local conditions" and the divergent standard does not "unduly burden interstate commerce," per 21 V.S.A. § 202(c)(1)(A). The federal OSHA State Plan page for Vermont references that VOSHA has adopted OSHA standards by reference and notes "in addition, there are two unique standards currently in effect," but does not enumerate those standards on the page. Vermont's adoption-by-reference framework means that, absent a Vermont-specific promulgation, employers subject to VOSHA follow the same substantive standards that federal OSHA enforces in non-state-plan jurisdictions.
Federal OSHA retained authority. Although Vermont enforces OSHA standards under its approved state plan, federal OSHA retains certain authorities. Federal OSHA retains authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act, and retains authority to monitor Vermont's state plan under Section 18(f) of the OSH Act. If federal OSHA were to resume direct enforcement in Vermont—an outcome that would follow withdrawal of approval of the state plan—federal standards would apply directly.
Source: 21 V.S.A. § 201, 21 V.S.A. § 204, Vermont State Plan overview (OSHA.gov)