§ 35. Duties
(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 […]
§ 36. Powers and duties of the Commissioner
(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 […]
§ 37. Inspections, investigations and record-keeping
(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 […]
§ 38. Citations
(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 […]
§ 39. Procedure for enforcement
(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 […]
§ 40. Judicial review
(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 […]
§ 41. Hearings
(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 […]
§ 42. Procedures to counteract imminent dangers
(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 […]
§ 31. Purpose
(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 […]
§ 32. Definitions
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, […]