V.I. Code tit. 24, § 36 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 2 - Occupational Safety and Health|§ 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 in appropriate Virgin Islands Rules and Regulations; except that all federal occupational safety and health standards and regulations that are in effect as of the effective date of this chapter are adopted as rules and regulations of the Virgin Islands Division of Occupational Safety and Health. All federal occupational safety and health standards and regulations that the United States Secretary of Labor promulgated or amended after this date, in accordance with 29 U.S.C. 651 through 678, shall become the Rules and Regulations of the Virgin Islands Division of Occupational Safety and Health upon Federal promulgation and shall go in effect for applicability in the public sector on the effective date specified in the standard. Notwithstanding this paragraph, the Commissioner may promulgate by rules and regulations an alternate standard or regulation that he finds to be as effective or better than the federal standard in providing safe and healthful employment in accordance with all Virgin Islands Statutes and the provisions of this chapter; and (3) cooperate and consult with the Occupational Safety and Health Administration of the United States Department of Labor; (b) In carrying out his responsibilities under this chapter, the Commissioner may: (1) use, with the consent of the appropriate agency, the agency's services, facilities, and personnel with or without reimbursement. (2) employ experts and consultants or organizations thereof under such limitations as the Legislature may hereafter direct. (3) appoint such personnel as are needed to carry out the purpose of this chapter; except that the appointment of personnel must comply with title 3 Virgin Islands Code, chapter 25. (c)  (1)  (A) The Commissioner may adopt an emergency temporary standard immediately upon its issuance and publication in the Federal Register by the Secretary under the terms of the Occupational Safety and Health Act of 1970 (PL 91-596). (B) The Commissioner shall publish the standard as a rule or notice of the rule for a minimum of three days in newspapers. of general circulation in the Virgin Islands in order to provide notice of the rule's existence and the Commissioner's intent to enforce the rule under this chapter, and the Commissioner shall publish such rule in the Virgin Islands Register at his first opportunity. (C) The notice does not constitute a prerequisite to the enforcement of an emergency temporary rule by the Commissioner. (D) Where a Federal emergency temporary standard is adopted as a temporary rule by the Secretary and the Commissioner, the rule is effective until both the Secretary and the Commissioner have either withdrawn the temporary standard and rule or promulgated a permanent standard and rule superseding the temporary standard and rule. (2)  (A) Where no federal emergency temporary standard has been provided, but the Commissioner determines that public-sector employees are exposed to a grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that the emergency standard is necessary to protect the employees from the danger, the Commissioner shall provide for an emergency temporary rule to take immediate effect upon its publication for a minimum of three successive days in general circulation newspapers in the Virgin Islands. (B) The Commissioner shall publish the rule in the Virgin Islands Register at his first opportunity and make such further provisions by rule as he considers necessary to inform the public-sector employers and employees of the existence of the rule and his intention to enforce it. (C) Where the Commissioner has provided for an emergency, temporary rule under paragraph (1) of this subsection, the rule is effective until superseded by a rule promulgated in accordance with the procedures adopted pursuant to this chapter or a determination is made that no rule should be promulgated. (D) The Commissioner shall promulgate a rule or determine that no rule should be promulgated under this subsection no later than twelve months after publication of the emergency temporary rule, and shall publish notice of his intent within sixty days before the expiration of twelve-month period. (d)  (1) Any public-sector employer may apply to the Commissioner for a temporary order granting a variance, from a standard or any provision promulgated under this section. The Commissioner may grant a temporary variance only if the employer files an application that meets the requirements of paragraph (2) of this subsection and establishes that (i) the employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard, or because necessary construction or alteration of facilities cannot be completed by the effective date; (ii) the employer is taking all available steps to safeguard his employees against hazards covered by the standard; and (iii) the employer has an effective program for coming into compliance with the standards as quickly as possible. Any temporary order issued under this paragraph must prescribe the practices, means, methods, operations and process that the employer must adopt and use while the order is in effect and state in detail the employer's program for coming into compliance with the standard. The temporary order may be granted only after notice to public-sector employees and an opportunity for hearing; except that the Commissioner may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that the order nay be renewed not more than twice, so long as the requirements of this paragraph are met and if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days. (2) An application for a temporary order under this section must contain: (A) Name and address of applicant and location or locations to which the application pertains; (B) A specification of the standard or portion thereof from which the employer seeks a variance; (C) A representation by the public-sector employer, supported by representations from qualified persons having first-hand knowledge of the facts represented, that the employer is unable to comply with the standard or portion of the standard and a detailed statement of the reason for the inability to comply; (D) A statement of the steps the employer has taken and will take, including specific dates, to protect employees against the hazard covered by the standard; (E) A statement of when the employer expects to be able to comply with the standard and what steps the employer will take to come into compliance with the standard, including specific dates; and (F) A certification that the employer has informed its employees of the application by giving a copy of the application to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notice to employees are normally posted and by other appropriate means. (i) A description of how employees have been informed must be contained in the certification. (ii) The information to employees must also inform them of their right to petition the Commissioner for a hearing. (e) Any affected public-sector employer for the purpose of this section may apply to the Commissioner for a rule or order for a variance from a standard promulgated under this section. (1) The Commissioner shall give affected public-sector employees notice of each application and an opportunity to participate in a hearing. (2) The Commissioner shall issue the rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places for employment to his employees which are as safe and healthful as those that would prevail if he complied with the standard. (3) The rule or order so issued must identify the establishment and locations affected, prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that he must adopt and utilize to the extent that they differ from the standard in question. (4) The rule or order may be modified or revoked upon application by a public-sector employee, public-sector employer, or by the Commissioner on his motion, in the manner prescribed for its issuance under this subsection at any time after six months from issuance. (f) When the Commissioner promulgates or revokes an alternative standard or regulation that differs from that adopted by Federal OSHA, or makes another rule or order, he shall cause a notice of such action to be published in general circulation newspapers in the Virgin Islands not less than once a week for four weeks, and shall afford interested persons a period of thirty days after publication to submit written data or comments.