[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1956.70]

[Page 159]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1956_STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE 
 
                      Subpart H_The Virgin Islands
 
Sec. 1956.70  Description of plan as approved.

    Source: 68 FR 43460, July 23, 2003, unless otherwise noted.


    (a) The Virgin Islands State plan was converted to a public employee 
only occupational safety and health program on July 1, 2003, and 
received initial approval on July 23, 2003. It is administered and 
enforced by the Virgin Islands Department of Labor, Division of 
Occupational Safety and Health (``the agency,'' or ``VIDOSH'') 
throughout the U.S. Virgin Islands (the ``Virgin Islands''). The Virgin 
Islands public employee program, established by Executive Order 200-76 
on July 11, 1975, extends full authority under Virgin Islands Act No. 
3421, Section 16 (April 27, 1973) and implementing regulations 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 promulgated as of June 2003, and has given assurances that it 
will continue to adopt and update all Federal standards, revisions and 
amendments. The plan is accompanied by a statement of the Governor's 
support.
    (b) The plan establishes procedures for variances and the protection 
of employees from hazards under a variance; insures inspection in 
response to complaints; provides employer and employee representatives 
an opportunity to accompany inspectors and to call attention to possible 
violations before, during, and after inspections; notification to 
employees or their representatives when no compliance action is taken as 
a result of alleged violations, including informal review; notification 
of employees of their protection; protection of employees against 
discharge or discrimination in terms and conditions of employment; 
includes provision for prompt notices to employers and employees of 
violations of standards and abatement requirements and either sanctions 
or alternative mechanisms to assure abatement; employer's right to 
appeal citations for violations, abatement periods and any proposed 
sanctions and/or compulsory process; employee's right to appeal 
abatement periods; and employee participation in review proceedings. 
Also included are provisions for right of entry for inspection, 
prohibition of advance notice of inspection and the requirement for both 
employers and employees to comply with the applicable rules, standards, 
and orders, and employer obligations to maintain records and provide 
reports as required. Further, the plan provides assurances of a fully 
trained adequate staff and sufficient funding, and for voluntary 
compliance programs, including a public sector consultation program.

    Note: The Virgin Islands' received initial approval for a 
comprehensive State plan covering the private (safety only) and public 
sectors on September 11, 1973 (38 FR 24896) and final approval under 
Section 18(e) of the Act on April 17, 1984 (49 FR 16766). Final approval 
status for that State plan was suspended and full Federal concurrent 
enforcement authority was reinstated on November 13, 1995 (60 FR 56950). 
Effective July 1, 2003, the Virgin Islands withdrew the portion of its 
State plan which covered private sector employment, and exclusive 
Federal enforcement jurisdiction for the private sector resumed.