(a) The Legislature has determined that in order for the Territory to better protect its public-sector workers, it should retain the duties of regulation and enforcement of rules in places of public employment by formulating and obtaining federal approval for a Public Employee Only State Plan under section 18 of the Occupational Safety and Health […]
For the purpose of this chapter (1) The term “Commissioner” means the Commissioner of the Virgin Islands Department of Labor or the Commissioner’s authorized and accredited representatives. (2) The term “employ” means to suffer or permit to work. (3) The term “employee” means any individual employed by the Government of the Virgin Islands, its departments, […]
This chapter applies with respect to employment performed in a public-sector workplace within the Virgin Islands.
Nothing in this chapter may be construed to supersede in any manner to affect any Workers’ Compensation Administration law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of public-sector employers and employees under any law with respect to injuries, diseases, or death of […]
(a) Each public-sector employer shall: (1) furnish to each of its employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and (2) comply with occupational safety and health standards promulgated under this chapter. (b) Each […]
(a) The Commissioner may: (1) investigate, develop and gather data regarding all aspects of occupational safety and health with respect to public sector employers and employees; (2) adopt, promulgate, modify and revoke, such occupational safety and health standards as are necessary to carry out the purpose of this chapter in accordance with the procedures established […]
(a) In order to carry out the purpose of this chapter, the Commissioner or his authorized representatives, upon presenting appropriate credentials to the government official in charge of the public sector workplace, may: (1) enter without delay and at reasonable times, any public sector facility, establishment, construction site, or other area, workplace, or environment, where […]
(a) If upon inspection or investigation, the Commissioner or the Commissioner’s authorized representative believes that a public-sector employer has violated a requirement of section 35 of this chapter, of any standard, rule or order promulgated pursuant to section 36 of this chapter, or of any regulations prescribed under this chapter, he shall with reasonable promptness […]
(a) If after an inspection or investigation the Commissioner issues a citation under section 38(a) of this chapter, he shall, within a reasonable time after the termination of the inspection or investigation, notify the public-sector employer by certified-mail of the proposed citation, and that the employer has fifteen working days within which to notify the […]
(a) Any person adversely affected or aggrieved by a final order of the hearing examiner issued under subsection (c) of section 39 of this title, or a final order of the Commissioner under section 41(b), may obtain a review of such order in the Superior Court of the Virgin Islands by filing in such court […]
(a) One or more hearing examiners shall be appointed by the Governor of the Virgin Islands upon the recommendation of the Commissioner of Labor who by reason of training, education, or experience are qualified to hear and render decisions in contested cases arising under this chapter. (b) The function of hearing examiners, acting as individuals […]
(a) The Superior Court of the Virgin Islands has jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place of public-sector employment which are such that a danger exists that may reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can […]
All information reported to or otherwise obtained by the Commissioner or his representative in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret referred to in Title 14, section 1665 of the Virgin Islands Code is considered confidential for the purposes of that section, except that […]
(a) (1) Any public-sector employer who fails to correct a serious violation for which a citation has been issued under section 38(a) within the period permitted for its correction may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues. (2) The period permitted for […]
(a) There is established in the Department of Labor, a Division of Occupational Safety and Health headed by a Director who has the rank of Assistant Commissioner and is responsible for the administration and operation of the Occupational Safety and Health Program. (b) The Governor shall appoint the Director. The Director may be removed by […]
(a) The Commissioner shall seek the aid of appropriate state and federal agencies in securing information regarding research, experiments, and demonstrations for the purpose of study and development of rules and for developing criteria dealing with toxic materials and harmful agents and substances. (b) The Commissioner shall secure and maintain any statistical information required for […]
(a) The Commissioner may consult with the United States Departments of Labor and Health and Human Services to develop and conduct: (1) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter; and (2) informational programs on the importance of the proper use of adequate safety and […]
(a) Whosoever forcibly assaults, resists, opposes, impedes, intimidates or interferes with any officer or employee of the Virgin Islands Department of Labor while engaged in or on account of the performance of his official duties shall be fined not more than $5,000 or imprisoned for not more than three years, or shall be both fined […]
The Commissioner, upon the recommendation of the Secretary of Labor of the United States, may allow reasonable exemptions from any or all provisions of this chapter when the exemption is necessary to avoid serious impairment of the national defense. An exemption may not be in effect for more than six months, without an opportunity being […]
If any provision of this chapter or the application of the provision to any person or circumstances, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
