(a)
(1) Any public-sector employer who fails to correct a serious violation for which a citation has been issued under section 38(a) within the period permitted for its correction may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues.
(2) The period permitted for correction in paragraph (a) does not begin to run until the date of the final order of the Commissioner in the case of any review proceeding under section 39 initiated by the public-employer in good faith and not solely for delay or avoidance of penalties.
(b) Any person who gives advance notice of any inspection to be conducted under this chapter, without authority from the Commissioner or the Commissioner's designee shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both the fine and the imprisonment provided in this section.
(c) Whoever knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than 6 months or by both such fine and imprisonment.
(d) The Commissioner may assess all failure to abate penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the public sector workplace whose employer being charged, the gravity of the violation, the good faith of the public sector employer and the history of previous violations.
(e) For the purposes of failure-to-abate penalties, a serious violation exists in a place of public-sector employment, if there is a substantial probability that death or serious physical harm could result from a condition that exists, or, from one or more practices, means, methods, operations or processes that have been adopted or are in use, in such place of public-sector employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.
(f) Civil fail-to-abate penalties owed under this chapter, must be paid to the Commissioner for deposit with the Commissioner of Finance and accrue to the Virgin Islands Government Insurance Fund.
(g) Any Division of Occupational Safety and Health employee who violates the provisions of section 43 of this chapter relating to disclosure of trade secrets and confidential information shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment of not more than a year or by both such fine and imprisonment.