Virgin Islands Plan
[Virgin Islands State Plan Website]
Contact Information |
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Virgin Islands Department of Labor
Albert Bryan, Jr., Commissioner
PH: (340) 773-1994
Division of Occupational Safety
and Health (VIDOSH)
3012 Golden Rock
Christiansted, St. Croix VI 00890
PH: (340) 772-1315
FAX: (340) 772-4323
Dean R. Andrews, Director
PH: (340) 772-1315
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About the Virgin Islands State Plan
The Virgin Islands State Plan was converted to a public employee
only occupational safety and health program on July 1, 2003. It is
administered and enforced by the Virgin Islands Department of Labor,
Division of Occupational Safety and Health (VIDOSH) throughout the
U.S. Virgin Islands. The Virgin Islands public employee program,
established by the
Virgin Islands Occupational Safety and Health Act
[PDF
- 720 KB] (24 V.I.C. Chapter 2 - Act No. 6846) was amended on July
19, 2006 to reflect its limited public sector coverage in compliance
with the revisions noted above. It extends full authority to the
agency to enforce and administer all laws and rules protecting the
safety and health of employees of the Government of the Virgin
Islands, its departments, agencies and instrumentalities, including
any political subdivisions. It covers all activities of public
employers and employees and places of public employment. The
Territory has adopted all Federal standards applicable to the public
sector in the Territory of the U.S. Virgin Islands, and has given
assurances that it will continue to adopt and update all Federal
standards, revisions and amendments.
Jurisdiction
The Virgin Island State Plan applies to all territorial government
agencies throughout the Virgin Islands, including Public
Authorities, Fire Departments and School Districts.
Federal OSHA maintains jurisdiction over all private sector
workplaces as well as federal agencies, maritime employers such as
shipyards, marine terminals, and longshoring; military facilities;
and the U.S. Postal Service.
Regulations and Standards
States must set job safety and health standards that are "at least
as effectiveā€¯ as Federal OSHA standards. States may promulgate
standards that are more stringent than the comparable federal
standards or promulgate standards covering hazards not addressed by
federal standards.
The VIDOSH Program has adopted identically all Federal OSHA
standards and regulations applicable to public sector employment.
Enforcement Programs
VIDOSH has maintained the Field Operations Manual (FOM) with
modifications specific for public sector enforcement, which can be
obtained by calling (340) 772-1315.
The program is administered by Department of Labor with two offices
located at the following locations:
St. Croix - Main Office:
3012 Golden Rock, VITRACO Mall
Christiansted, St. Croix, VI
(340) 772-1315 |
St. Thomas Office:
St. Thomas, VI
53A & 54B Kronprindense Gade
(340) 776-3700 x2617 |
Information on unique enforcement initiatives or local emphasis
program can be obtained by calling the main office number listed
above or accessing the
Virgin Islands State Plan Website contact
information.
Voluntary and Cooperative Programs
VIDOSH offers public employers the opportunity to seek voluntary and
free consultation and training services for the purpose of reducing
injuries, illnesses and fatalities in the public sector, including
workplace hazard assessment surveys, training and outreach seminars.
All consultation services are conducted separate and apart from
enforcement activities. Public employers should contact the Director
for VIDOSH at (340) 772-1315 to request and schedule an onsite
consultation visit and/or training needs.
The Government of the U.S. Virgin Islands also has an agreement with
OSHA, under Section 21(d) of the OSH Act to provide free onsite
consultation services to the private sector. For more information on
this service, please contact the "Safety in Paradise" Onsite
Consultation Program, administered by the University of the Virgin
Islands,
Community Engagement and Lifelong Learning (UVI-CELL)
Center at (340) 693-1100.
Policies and Procedures
All policies and procedures enforced by VIDOSH are identical to
those for Federal OSHA, except that their coverage is limited to
public sector workplaces only. For additional information, please
call the Director for VIDOSH at (340) 772-1315 or log on to the
Virgin Islands State Plan Website.
You may also log on to
OSHA's website
Informal Conferences and Appeals
The VIDOSH Act provides that, if a public sector employer notifies
the Commissioner of Labor that he/she intends to contest a citation
within fifteen working days of its issuance, or any employee or
representative of employees files a notice of contest with respect
to the abatement period, the Commissioner shall immediately advise a
hearing examiner of such notification, and the hearing examiner
shall afford an opportunity for a hearing. The hearing examiner
shall thereafter issue an order, based on findings of fact and
conclusions of law affirming, modifying or vacating the
Commissioner's citation or proposed penalty, or directing other
appropriate relief, and such order shall become final twenty days
after its issuance.
Furthermore, any person adversely affected or aggrieved by a final
order of the hearing examiner, or a final order of the Commissioner,
may obtain a review of such order in the Superior Court of the
Virgin Islands by filing in such court within thirty days following
the issuance of such order a written petition praying that the order
be modified or set aside. Upon such filing the court shall have
jurisdiction of the proceeding and of the question determined
herein, and may grant such temporary relief or restraining order as
it considers just and proper, and to make and enter upon the
pleadings, testimony, and proceeding set forth in such record a
decree affirming, modifying, or setting aside in whole or in part,
the order of the Commissioner and enforcing the order to the extent
that the order is affirmed or modified.
All proceedings shall be heard summarily and given preference over
all other civil proceedings. The Commissioner may petition for
enforcement of his final order by filing a petition for such relief
in the Superior Court of the Virgin Islands and the provisions of
subsections (a) and (b) of the Act shall govern such proceedings to
the extent applicable.
At any time prior to the commencement of the hearing before the
Hearing Examiner, any person entitled to appear as a party may file
a statement of position. At any state of a proceeding, a party may
withdraw his notice of contest, subject to the approval of the
Hearting Examiner. At any time before the hearing, the Hearing
Examiner may issue a rehearing order which includes the agreement
reached by the parties. It shall be the duty of the Hearing Examiner
to conduct a fair and impartial hearing. In all proceedings
commenced by the filing of a notice of contest, the burden of proof
shall rest with the Commissioner.
More information on VIDOSH's review procedures can be found in the
VIDOSH Act [PDF
- 720 KB] and at the
Department of Labor's Hearing and
Appeals Division.
Other Resources
VIDOSH's Publications and Posters and other Compliance Assistance
documents can be obtained by calling (340) 772-1315. You can also
find OSHA publications at
OSHA's website.
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate and up to date, but
changes in state law and procedures affecting the information on this page are beyond OSHA's
control. Contact state program staff directly to verify important information.
Accessibility Assistance: Contact the OSHA Directorate of Cooperative and State Programs at 202-693-2244 for assistance
accessing PDF materials.