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[Virgin Islands State Plan Website]
Contact Information

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) 773-1994 X-2161
Fax: (340) 773-0094

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 (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 effective" 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 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.