The Landlord Restoration Program (Program) launched in 2017 by the Attorney General’s Office and the Department of Health. The Program provided: (i) information and resources to landlords, (ii) extended time for repairs, and (iii) a waiver of state enforcement for past non-compliance. The Program, which concluded in 2018, was piloted in five Vermont towns that had elevated blood lead levels in children: Rutland, Bennington, Bellows Falls/Windsor, Barre, and St. Albans. Compliance rates suggest that the pilot program was effective in increasing property owner compliance. Compliance rates went up by an average of 14%, with several towns seeing around 20% increases. 

A copy of the complete report on the Landlord Restoration Program can be found here.

If you are EMP certified, or have an inspector who is EMP certified, you can comply right away by completing your EMPs and filing your statement immediately:

File your annual EMP Compliance Statement

I can’t complete the EMPs right now. What can I do to get in compliance?

Here are steps you can take to get in compliance with Vermont’s Lead Law:

1. Get EMP certified or hire an EMP contractor
2. Do your EMPs
3. File your EMP compliance statement

When do I perform EMPs?

EMPs are annual obligations.  Each year you must inspect your rental property and safely repair deteriorated paint. If you receive a letter to comply within 30 days from the Department of Health, you can request an extension by completing the Department of Health’s Extension of Time form.

How do I perform EMPs?

You can become EMP certified yourself, or hire an EMP contractor, visit: www.leadsafevermont.org. Beware of shortcuts! Make sure your EMP statement is accurate before you file. There are significant penalties for falsely certifying EMP compliance.

My property has been gutted and renovated. Does the law still apply to me?

Yes! If your building has been restored, it still may contain lead. To exempt you from annual EMP filings, a third-party contractor must perform an inspection and prepare a report. This generally costs $500-$1000, and you may be eligible for financial assistance if you rent to low or moderate-income tenants.

You can find information here on hiring a lead contractor, and here is information for lead contractors.

What if a tenant makes a complaint against me for a lead violation?

If you come into compliance voluntarily, there will be no State enforcement for past noncompliance. However, the state cannot waive a private claim a tenant may have.

What if I don’t file an EMP statement?

Failure to comply with the lead law, may leave you exposed to a complaint or future enforcement action. Our goal is to support the efforts of Vermonters who wish to comply with the law.

Questions?

Contact the Vermont Dept. of Health, Asbestos & Lead Regulatory Program, by phone at 802-863-7220 or online at www.healthvermont.gov

What if an employee becomes pregnant?
Pregnancy or childbirth may limit a woman’s ability to perform a job. Under Act 21, employers must provide reasonable accommodations to such women, unless those accommodations would be an undue hardship on the employer.

What if the job involves heavy lifting?
The employer must provide reasonable accommodations, such as providing lifting equipment. 

What is an “undue hardship”?
An “undue hardship” is an accommodation that would be significantly difficult or expensive to put into place. 

What if the woman can no longer perform the essential functions of the job?
The employer must engage in an ongoing discussion with the employee to explore different options that may accommodate the employee so that she can perform the essential functions of the job.  At the end of the day the employee must be able to perform the essential job functions, with or without accommodations.

When does this law take effect?
January 1, 2018.

Beware: existing disability law has the same requirements.  As an employer, you should provide reasonable accommodations to women with limitations caused by pregnancy, childbirth and related issues.

What are the penalties for failure to provide accommodations?
All the sanctions of the Fair Employment Practices Act, including damages and attorney’s fees. 

Does a nursing parent have rights to pump breast milk in the workplace?
Yes.  The Legislature granted parents and babies such rights in 2013. This right exists for the first three years after birth of the child. The usual term for pumping breast milk is “to express” breast milk.

Why does the Legislature care about breast-feeding?
Research has shown that breast-feeding:

• promotes improved health outcomes,
• provides the best nutrition for the baby,
• keeps a close emotional bond between mother and child,
• saves money,
• avoids health risks of baby formula,
• results in greater ability for the nursing parent to work, since breastfed babies are sick less often.

Vermont law supports nursing mothers.

What are the employer’s obligations to employees who are nursing parents?

• Time–The employer must provide reasonable time throughout the day for the employee to express breast milk. 
• Place–The employer must provide an appropriate private space that is not a bathroom.

Does the parent get paid while expressing breast milk?
Only at the employer’s discretion. A collective bargaining agreement could provide for compensation.

Are there any exemptions?
There is no explicit exemption based on the size of the business. An employer is exempt only if the employer can prove that providing time or appropriate private space would substantially disrupt the employer’s operations. 

What can an employer do to help nursing parents?

• Understand the law
• Inform employees of the new policy
• Provide a clean, private place with access to electric outlets and a chair
• Offer flexible breaks to nursing mothers
• Apply for Breastfeeding Friendly Employer recognition

What are the penalties for violation?
The law can be enforced by the parent or by the State under the Vermont Fair Employment Practices Act.  21 V.S.A. § 495b. Violators are assessed damages and attorney’s fees.

Do I have to allow time on-the-job for a parent to express milk?
Yes, unless you can demonstrate that doing so would substantially disrupt the employer’s operations.  In most cases, employers can work out a schedule and suitable space.

What kind of space?
The space must be shielded from view.  The space must be sanitary and private—free from intrusion by coworkers or the public. The space cannot be a bathroom.

Do we need to have a permanent, dedicated space?
No. The employer can create or convert a temporary space. If the space is not dedicated to nursing parents’ use, the space must be available when needed. 

Do we need to provide a space even if they don’t have employees who are nursing parents?
No.

But I’ve heard that there is a small business exemption from federal law for small businesses. 
Federal law provides a theoretical exemption for a small business with less than 50 employees where the business can show an undue hardship, but there is no such exemption under Vermont law.  Here is a description of federal law on breastfeeding in the workplace. Since there is no small business exemption under Vermont law, Vermont law dictates. 

Are there other Vermont laws that assist nursing parents?
Yes. Vermont law gives parents a right to breastfeed their child in any place where they have a legal right to be present — see 4502(j).