(a) The Superior Court of the Virgin Islands has jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place of public-sector employment which are such that a danger exists that may reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove the imminent danger and prohibit the public-sector employment or presence of any individual in any location or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operation, or where a cessation of operation is necessary, to permit such to be accomplished in a safe, orderly manner.
(b) Upon the filing of a petition, the Superior Court of the Virgin Islands has jurisdiction to grant injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter. The proceeding shall be as provided by the Rules of the Superior Court of the Virgin Islands, except that no temporary restraining order shall be effective for a period longer than five days.
(c) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) of this section exist in any place of employment, he shall inform the affected public-sector employer and employees of the danger and that he is recommending to the Commissioner that relief be sought.
(d) If the Commissioner arbitrarily or capriciously fails to seek relief under this section, any public-sector employee who may be injured by reason of such failure or the representative of such employee, may bring an action against the Commissioner in the Superior Court of the Virgin Islands for an order to compel the Commissioner to seek such and order and for such further relief as may be appropriate.