OSHA AI Agent
Get instant answers to any safety question.
Request Demo
OSHA 1952.26

Virgin Islands state plan

Subpart B

15 Questions & Answers
2 Interpretations

Questions & Answers

Under 1952.26(a), when was the Virgin Islands State Plan for public employees approved?

The Virgin Islands State Plan for public employees was approved on July 23, 2003. See 1952.26(a) for the approval date and 1952 for the part context.

Under 1952.26(b), which employers and employees does the Virgin Islands State Plan cover?

The plan covers only State and local government employers and employees within the Virgin Islands. See 1952.26(b) which states the plan’s coverage is limited to State and local government entities.

Under 1952.26(b), does the Virgin Islands State Plan cover private-sector employers or employees?

No — the Virgin Islands State Plan does not cover private-sector employers or employees. The text of 1952.26(b) specifies that the plan only covers State and local government employers and employees.

Under 1952.26, does the State Plan cover federal government employees working in the Virgin Islands?

No — the Virgin Islands State Plan covers only State and local government employers and employees and does not cover federal government employees. See 1952.26(b) for the coverage limitation.

Under 1952.26, where can I find more details about the Virgin Islands State Plan?

You can find additional details by consulting the Virgin Islands State Plan online and the regulatory citation. See 1952.26 for the regulation and the Virgin Islands State Plan information linked from OSHA’s state plans resources (Virgin Islands State Plan page).

Under 1952.26(a), what does the phrase "Public Employees Only" mean for the Virgin Islands plan?

It means the approved plan applies only to public (State and local government) employees in the Virgin Islands and not to private-sector workers. The language in 1952.26(a) and 1952.26(b) makes this limitation clear.

Under 1952.26, who enforces occupational safety standards for employers covered by the Virgin Islands State Plan?

Enforcement for the employers and employees covered is handled under the Virgin Islands State Plan framework for State and local government entities. See 1952 and 1952.26 for the part and the specific Virgin Islands entry.

Under 1952.26(b), if a Virgin Islands state employee has a question about whether a federal OSHA standard applies, where should they look first?

Start with the Virgin Islands State Plan materials and the specific regulatory citation for the plan to confirm coverage and applicable rules. See 1952.26(b) and the part overview at 1952 for where the plan fits in OSHA’s framework; then consult the State Plan office’s web materials for program details.

Under 1952.26 and the Bloodborne Pathogens Letter of Interpretation (July 30, 2007), does the Bloodborne Pathogens Standard (29 CFR 1910.1030) generally apply to wastewater treatment workers?

Not generally — the Bloodborne Pathogens Standard applies when workers have occupational exposure to blood or other potentially infectious materials (OPIM), and routine contact with diluted wastewater or sewage is not usually considered OPIM unless it is visibly contaminated with blood. See 1952.26(b) for who the plan covers and OSHA’s interpretation in the Letter of Interpretation, Bloodborne pathogens in wastewater (July 30, 2007), which explains that routine wastewater contact generally does not trigger 29 CFR 1910.1030.

Under 1952.26 and the July 30, 2007 Letter of Interpretation, when would wastewater treatment employees need to be offered the hepatitis B vaccine?

They must be offered the hepatitis B vaccine if their job duties reasonably anticipate contact with blood or OPIM — for example, employees who render first aid or who may handle used hypodermic needles. The Bloodborne pathogens in wastewater Letter of Interpretation (July 30, 2007) explains these scenarios; also see 1952.26(b) regarding plan coverage for public employees.

Under 1952.26, are employees who render first aid considered to have occupational exposure under the Bloodborne Pathogens Standard?

Yes — employees who are designated to render first aid and who may come into contact with blood or OPIM are considered to have occupational exposure and must be offered the hepatitis B vaccination. See the Bloodborne pathogens in wastewater Letter of Interpretation (July 30, 2007) for OSHA’s guidance and 1952.26(b) for the Virgin Islands plan’s scope.

Under 1952.26 and the Spray Booth Letter of Interpretation (August 12, 2004), if a spray booth meets the 29 CFR 1910.107 definition, must it have automatic sprinklers?

Yes — if a structure meets the definition of a spray booth under 29 CFR 1910.107, OSHA’s interpretation is that it must be equipped with approved automatic sprinklers on the upstream and downstream sides of the filters. See the Spray booth standards inquiry Letter of Interpretation (August 12, 2004) for this clarification and 1952.26(b) for the Virgin Islands plan coverage of public employers.

Under the Spray Booth Letter of Interpretation (Aug. 12, 2004), can an employer use a dry chemical or gaseous extinguishing system instead of water sprinklers for a spray booth?

Yes — OSHA’s letter states that a dry chemical extinguishing system or a properly installed carbon dioxide (gaseous) system may be used in lieu of automatic water sprinklers if they meet OSHA requirements. See the Spray booth standards inquiry Letter of Interpretation (August 12, 2004) and review 1952.26(b) for the Virgin Islands plan’s applicability to public employers.

Under 1952.26, what official citation should I reference when documenting that the Virgin Islands has an approved State Plan for public employees?

Reference 1952.26, which lists "The Virgin Islands" entry and includes the approval information at 1952.26(a). This is the official regulatory citation in OSHA’s compilation for the Virgin Islands State Plan.

Under 1952.26, how can a safety manager in the Virgin Islands verify current program details or recent updates to the State Plan?

Consult the Virgin Islands State Plan materials and OSHA’s part for State Plans; the regulation entry 1952.26 points to the plan and the approval record, and the Virgin Islands State Plan web resources provide program details and any updates. For interpretive clarifications about specific standards, refer to OSHA letters such as the Bloodborne pathogens in wastewater (July 30, 2007) or Spray booth standards inquiry (August 12, 2004).