A federal takeover of the territory's Occupational Safety and Health Administration program, run by the V.I. Department of Labor, was averted Thursday as the Senate voted to appropriate funding to keep the program under the territory's management.
The special session was held in response to a request from Gov. Charles W. Turnbull. In a letter to Senate President Vargrave Richards, Turnbull outlined amendments to appropriate $748,428 from the Caribbean Basin Initiative Fund to the OSHA program for the fiscal year ending Sept. 30, 2000, and to delete the original appropriation of $699,428 to the program.
The governor said the appropriations "are necessary because the OSHA program is in jeopardy of being taken over by the federal government . . . because of the local government's fiscal crisis."
The program is funded by a federal reimbursable grant which requires a 50 percent local match. For the past eight quarters the territory has been unable to match these funds, Turnbull said.
He told Richards the federal OSHA program's regional administrator, Patricia Clark, was "strongly advocating" the removal of the local program from the V.I. government.
Testifying at the session were Labor Commissioner Sonia Jacobs Dow and Ira R. Mills, director of the Office of Management and Budget.
"We are not insuring the safety of our workers," as the program now stands, Dow said. She said appropriations for local funding have come from the Government Insurance Fund. Backing up Turnbull's statement, she said that for at least the last eight quarters the department has not received an allotment to match the grant.
As a result, she said, the program has been without necessary compliance officers, a hygienist, and an assistant director for enforcement, and what few compliance officers it does have, do not have the necessary protective equipment – shoes, gloves, eyewear and vests.
Dow said she and Clark had an adversarial relationship. She accused Clark of a "historic campaign to colonize the Virgin Islands," saying the federal official believed "that the Virgin Islands isn't capable of effectively running any program."
The commissioner said Clark had maintained this position through the past three local directors of the OSHA program.
Mills testified that the insurance fund is in arrears and unable to sustain OSHA costs, which total $9 million annually. The fund, he said, only generates or collects approximately $6 million annually and uses that money solely to pay claims.
He said the had been in financial straits since 1983, testifying under questioning from Sen. George E. Goodwin that "the government has owed more than $6 million to OSHA dating back to the 80s, or even earlier."
The Caribbean Basin Initaitive fund, however, has a positive balance, Mills said, and collections for fiscal year 2000 are now projected to total $3.2 million by Sept. 30. The original projection was $2.5 million.
But Campbell Rone Malone, Legislature post auditor, disagreed. He questioned Mills' figures, saying "the activities contemplated for [the CBI] fund . . . cannot be sustained through FY 2000." He said he saw a shortfall of $228,553.94, as detailed in his analysis of the CBI fund.
Under questioning by senators, Mills said his figures should not reflect a shortfall, but he was not able to satisfy the senator's demands for detailed information. He said he would have to confer with Finance Commissioner Bernice Turnbull to come up with exact figures.
Recess was called while Mills contacted Turnbull, who appeared in the afternoon session. She testified that there were sufficient funds.
Malone, however, said the commissioner's figures did not justify the proposal.
Turnbull and Malone then conferred . Malone then said that he couldn't figure on what basis the figures were determined, and that "it is not advisable the appropriation be made."
Turnbull then said that "the adjusted amount for the figures was in another report." Richards asked if she had that report so that Malone could see it and she said she did. Time was then called for two to confer again.
Richards, noting the vexation felt by all senators, said "I wish you could get it right the first time."
After the conference, it was revealed that the CBI Collections for FY 1999 contained two errors of funds posted to the wrong accounts: $187,009.53 in August 1998 and $273,485.76 in July 1999. It was not made clear where the mispostings went.
"Based upon the revised analysis," said Malone, "Post Audit now believes that the appropriation can be sustained for FY 2000."
Sen. Adelbert "Bert" Bryan moved that the amendment be sent to the Finance Committee for further consideration. The motion was voted down 11-2, with Bryan and Sen. Alicia "Chucky" Hansen the only yes votes.
The amendment was then passed by a vote of 11-1, Bryan voting no. Sen. David Jones was absent. Sens. Adlah "Fonsie"Donastorg and Judy Gomez were excused.
