Terms Used In Vermont Statutes > Title 21 > Chapter 3 - Safety

• Accessibility: includes the provision of accommodations and modifications to ensure equal access to employment and participation in activities for people with disabilities, the reduction or elimination of physical and attitudinal barriers to equitable opportunities, a commitment to ensuring that people with disabilities can independently access every outward-facing and internal activity or electronic space, and the pursuit of best practices such as universal design. See
• Act: means the Occupational Safety and Health Act of 1970, enacted by the Congress of the United States of America, and rules made thereunder, as amended at any time. See
• Advanced standing: means a process for reviewing and granting credit for prior related work experience or related technical instruction for an incoming apprentice or career seeker that allows the individual to accelerate the completion of the registered apprenticeship program. See
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice: means an individual who is:

• Apprenticeable occupation: means an occupation approved by the federal Office of Apprenticeship or by the Department as an occupation that:

• Apprenticeship agreement: means a written agreement, on forms approved by the Department under section 1119, registered apprentices, of this title, between an apprentice and either the apprentice's program sponsor or an apprenticeship committee acting as agent for the program sponsor, that contains the terms and conditions of the employment and training of the apprentice. See
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved independent school: means an independent school that is approved under section 166 of this title. See
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: means the entity created in section 1114, Vermont Apprenticeship Advisory Board, of this title and described as a "State Apprenticeship Council" in 29 C. See
• Board: means the State Labor Relations Board established by 3 V. See
• Client company: means a person who enters into an agreement with an employee leasing company to lease any or all of its regular employees. See
• Collective bargaining service fee: means a fee deducted by the State from the compensation of an independent direct support provider who is not a member of the exclusive representative of independent direct support providers, which is paid to the exclusive representative. See
• Commissioner: means the Commissioner of Labor or the Commissioner's designee. See
• Commissioner: means the Commissioner of the Vermont Department of Labor. See
• Commissioner: means the Commissioner of Labor or designee. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Competency: means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Vermont Department of Labor. See
• Department: means the Department of Labor. See
• Director: means the Director of Occupational Health. See
• Diversity: means the practice of including the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of Vermonters, including underserved communities. See
• Division: means the Division of Occupational Health. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Employee: means any person engaged in service to an employer for wages, salary or other compensation, excluding an independent contractor. See
• Employee leasing agreement: means an agreement, executed between an employee leasing company and a client company, pursuant to which an employee leasing company provides one or more individuals to perform services for a client company on an ongoing basis. See
• Employer: means a person, as hereinafter defined, who employs one or more persons. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equity: means the consistent and systemic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. See
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusive representative: means the labor organization that has been certified under this chapter and has the right to represent independent direct support providers for the purpose of collective bargaining. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Financial responsibility: means the current and expected future condition of financial solvency sufficient to support a reasonable expectation that an employee leasing company can successfully conduct its business without jeopardizing the interests of the employees leased to the client company or the public. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Fraud: Intentional deception resulting in injury to another.
• Fringe benefits: means benefits, including health insurance, retirement benefits, paid vacations and holidays, sick leave, and similar benefits that are incidents of employment. See
• gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
• Grievance: means the exclusive representative's formal written complaint regarding the improper application of one or more terms of the collective bargaining agreement, the failure to abide by any agreement reached, or the discriminatory application of a rule or regulation, which has not been resolved to a satisfactory result through informal discussion with the State. See
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Inclusion: means the recognition, appreciation, and use of the talents and skills of employees of all backgrounds. See
• Independent direct support provider: means any individual who provides home- and community-based services to a service recipient and is employed by the service recipient, shared living provider, or surrogate. See
• Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
• Interim credential: means a credential issued by the Department, upon request of a sponsor, that certifies specific competency attainment by an apprentice. See
• Journey-worker: means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Labor organization: means an organization of any kind in which independent direct support providers participate and which exists, in whole or in part, for the purpose of representing independent direct support providers. See
• leasing company: means a person engaged in the business of providing individuals to perform ongoing services for an indefinite time period for client companies pursuant to one or more employee leasing agreements executed between the leasing company and the client company. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means an employee leasing company licensed under this chapter. See
• Lien: A claim against real or personal property in satisfaction of a debt.
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• National Guideline Standards: means a template of high-quality apprenticeship program standards submitted by a labor union, trade or industry association, employer, workforce intermediary, education provider, or other organizations with national scope, which standards may be certified by the federal Office of Apprenticeship. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office of Apprenticeship: means the part of the U. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State and its instrumentalities. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Place of employment: means any place where an employee is engaged in performance of his or her work or duties, or which is used in connection with an employee's employment. See
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• postsecondary CTE: means an educational program or course of study that awards postsecondary credit and is designed to provide students with career and technical knowledge, skills, and attitudes that will prepare them for further education, enhance their employment options, or lead to an industry-recognized credential. See
• Pre-apprentice: means a participant in a registered pre-apprenticeship program. See
• Pre-apprenticeship program: means a training model or program that prepares individuals for acceptance into an apprenticeship program and that is registered by the Department as provided in section 1123, pre-apprenticeship program, of this title or, as applicable, federal Office of Apprenticeship. See
• Premises: means land and the structures thereon which contains a place of employment as herein defined. See
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Public school: means an elementary school or secondary school operated by a school district. See
• Receiving district: means a school district, inside or outside of this State, receiving tuition on behalf of a student to whom it provides career technical education. See
• Registration agency: means the Vermont Department of Labor acting as the designated State Apprenticeship Agency, which may also be referred to as the "Vermont Registered Apprenticeship Program. See
• related instruction: means an organized and systematic form of instruction, concurrent with on-the-job training, designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Review Board: means the Occupational Safety and Health Review Board. See
• Rule: means a rule or regulation. See
• School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
• Secretary: means the Secretary of Human Services. See
• Secretary of Labor: means the Secretary of Labor of the United States of America. See
• Service recipient: means a person who receives home- and community-based services under the Choices for Care Medicaid waiver, the Attendant Services Program (ASP), the Children's Personal Care Service Program, the Developmental Disabilities Services Program, or any successor program or similar program subsequently established. See
• Service region: means , for each regional CTE center, a region surrounding it designated by rule of the State Board under section 1531 of this title. See
• sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
• Shared living provider: means a person who operates under a contract with an authorized agency and provides individualized home support for one or two people who live in his or her home. See
• Sponsor: means an employer, a joint labor-management organization, a trade association, a professional association, a labor organization, an education and training provider, or a qualified intermediary that is applying to register, administer, and operate an apprenticeship program. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• State Apprenticeship Agency: means the Vermont Department of Labor as the federally designated apprenticeship agency and may also refer to the "Vermont Registered Apprenticeship Program. See
• State Board: means the State Board of Education established by chapter 3 of this title. See
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
• Surrogate: means a service recipient's authorized family member, legal guardian, or a person identified in a written agreement as having responsibility for the care of a service recipient. See
• sworn: shall include affirmed. See
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Underserved communities: means the populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. See
• VOSHA Code: means subchapters 4 and 5 of this chapter and 18 Vt. See
• Youth apprentice: means a participant, 16 or 17 years of age, in a youth apprenticeship program. See
• Youth Apprenticeship program: means a program registered by the Department as provided in section 1124, youth apprenticeship programs, of this title or, as applicable, by the federal Office of Apprenticeship. See