(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 work is performed by an employee of a public-sector employer; and
(2) inspect and investigate, during regular working-hours, and at other reasonable times and within reasonable limits and in a reasonable manner, any such place of public sector employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and to question privately any such public-sector employer, operator, agent or employee. In case any person refuses the Commissioner or his representatives entry at any place of employment, or interferes with, or limits, an inspection or investigation provided for in this section, the Commissioner may petition any Superior Court of the Virgin Islands for an order requiring the person to permit entry to the place of employment described in the petition, or to cease and desist from interfering or limiting such inspection or investigation.
(b) In making his inspection and investigations under this chapter, the Commissioner may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses must be paid the same fees and mileage that are paid witnesses in the Superior Court of the Virgin Islands. In case of a contumacy, failure, or refusal of any person to obey such an order, any Superior Court of the Virgin Islands within the jurisdiction of which such person is found, or resides, or transacts business, upon application by the Commissioner shall have jurisdiction to issue to such a person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question and any failure to obey the order of the court may be punished by the court as contempt.
(c)
(1) Each public-sector employer shall make, keep, and preserve, and make available to the Commissioner and the Secretary such records regarding his activities relating to this chapter as the Commissioner may by regulation prescribe as necessary or appropriate for the enforcement of this chapter, or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph, the regulations may include provisions requiring public-sector employers to carry out periodic inspections. The Commissioner shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable standards.
(2) The Commissioner shall prescribe rules and regulations requiring public-sector employers to maintain accurate records of, and make periodic reports on work-related deaths, injuries and illnesses other than minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, transfer to another job.
(3) The Commissioner shall adopt standards or issue rules and regulations requiring the use of labels or other appropriate forms of warning as necessary to ensure that the public-sector employees are appraised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure.
(A) Where appropriate, the standards or regulations must also prescribe suitable protective equipment and control or technological procedures to be used connection with those hazards and must provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees.
(B) In addition, any such standard or regulation must prescribe the type and frequency of medical examinations or other tests that are available from the public-sector employer or at its cost to employees exposed to the hazards in order to most effectively determine whether the health of the employees is adversely affected by such exposure.
(C) The result of such examinations or tests must be furnished to the Secretary, the Commissioner or, at the employees request, to the employee's physician.
(4) The Commissioner shall issue regulations requiring public sector employers to maintain accurate records of employee exposures to potentially toxic materials of harmful physical agents, for which standard have been set in accordance with the chapter.
(A) The regulations must provide employees or their representatives with an opportunity to observe any monitoring or measuring, and to have access to the records thereof.
(B) The regulations must also make provisions for each employee or former employee to have access to such records as will indicate his exposure to any toxic materials or harmful physical agents.
(5) Each public-sector employer shall promptly notify any employee who has been or is being exposed to any such toxic materials or harmful physical agent in concentrations or at levels that exceed those prescribed by applicable occupational safety and health standards promulgated under section 36(a)(2) of this chapter and shall inform any employee who is being thus exposed of the corrective actions being taken.
(d) Any information obtained by the Commissioner under this chapter must be obtained with a minimum burden upon public-sector employers. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
(e) Subject to regulations promulgated by the Commissioner, a representative of the public-sector employer and a representative authorized by the employees must be given an opportunity to accompany the Commissioner or his authorized representative during the physical inspection of any workplace under subsection (a) of this section for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
(f)
(1) Any public-sector employee or representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists, may request an inspection by giving notice to the Commissioner or his authorized representative of such violation or danger. Any such notice must be reduced to writing, must set forth with reasonable particularity the grounds for the notice, and must be signed by the employee or representative of employees, and a copy must be presented to the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein must not appear in such copy or on any record published, released or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Commissioner determines that there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section, as soon as practicable, to determine if such a violation or danger exists. If the Commissioner determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or representative of the employees in writing of such determination.
(2) Before or during an inspection of a workplace, any public-sector employee or representative of employees employed in such a workplace, may notify in writing the Commissioner or any representative of the Commissioner responsible for conducting the inspection, of any violation of this chapter which he has reason to believe exists in the workplace. The Commissioner shall, by regulation, establish procedures for informal review of any refusal by a representative of the Commissioner to issue a citation with respect to any such alleged violation, and shall furnish the employees requesting the review with a written statement of the reason for the Commissioner's final disposition of the case.
(g)
(1) The Commissioner may compile, analyze and publish, either in summary or detailed form, all reports or information obtained under this section and furnish copies of all such reports to the Secretary.
(2) The Commissioner shall prescribe such rules and regulations as he may consider necessary to carry out his responsibilities under this chapter, including rules and regulations relating to the inspection of a public-sector employer's establishment.