reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 7 - EMPLOYEE AND PUBLIC ACCESS TO INFORMATION › Section 8:59-7.3 - County health department, county clerk, or designated county lead agency obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each county health department, county clerk,
				or designated county lead agency shall maintain a file of Right to Know surveys and
				hazardous substance fact sheets transmitted to it pursuant to the provisions of the
				Act.
(b) Right to Know surveys and
				hazardous substance fact sheets shall be made available for inspection by the public
				at no cost and at reasonable hours. If a fee is charged for copies of these
				documents, the fee shall not exceed the cost of reproducing the document.
(c) A county health department, county clerk, or
				designated county lead agency, upon request, shall provide any person copies of the
				Right to Know Survey and hazardous substance fact sheet in a Spanish translation
				provided by the Department of Health, the Department of Environmental Protection, or
				an employer.
(d) The county health
				department, county clerk, or designated county lead agency, shall treat as
				confidential any request made pursuant to (b) and (c) above by an employee for
				material pertaining to the facility at which he or she is employed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 7 - EMPLOYEE AND PUBLIC ACCESS TO INFORMATION › Section 8:59-7.4 - Police and fire department obligations

Current through Register Vol. 56, No. 14, July 15, 2024
No local police department or local fire department receiving
				  Right to Know surveys pursuant to the provisions of the Act shall make the surveys
				  available to the public. This prohibition shall not apply to distribution of surveys
				  to local health departments, Local Emergency Planning Committees, or other units of
				  local government.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 7 - EMPLOYEE AND PUBLIC ACCESS TO INFORMATION › Section 8:59-7.5 - Employee rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any public employee or employee representative
				may request, in writing, from his or her employer, a copy of a Right to Know survey,
				hazardous substance fact sheet, or, where applicable, material safety data sheet,
				for the facility at which he or she is employed.
(b) A public employee shall have the right to
				refuse to work with a hazardous substance for which a request was made for a Right
				to Know survey, appropriate hazardous substance fact sheet, or material safety data
				sheet, and shall have the right to refuse to work with any substance for which a
				request was made for the chemical name and CAS number of a substance in a container
				that is not labeled pursuant to 8:59-5 or the chemical name of a substance labeled
				with a common name, for the facility at which he or she is employed, and not honored
				within five working days of the request, without loss of pay or forfeit of any other
				privilege until the request is honored, except in the case of (c) below.
(c) A public employee shall not have the right,
				pursuant to the Act, to refuse to work with a hazardous substance if an employer
				cannot supply a hazardous substance fact sheet to an employee who requested it
				because the employer has not received from the Department the hazardous substance
				fact sheet which the employer requested from the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.1 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever, on the basis of information available to the
				  Commissioner of the Department, the Commissioner finds that an employer is in
				  violation of the Worker and Community Right to Know Act,
34:5A-1
et seq., or any rule or
				  regulation adopted pursuant thereto, the Commissioner shall issue an order requiring
				  the employer to comply, shall bring a civil action, shall levy a civil
				  administrative penalty, or shall bring an action for a civil penalty, in accordance
				  with
34:5A-31
. The
				  exercise of any of the remedies provided in this subchapter shall not preclude
				  recourse to any other remedy so provided.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.2 - Civil administrative penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of
				the Department is authorized pursuant to
34:5A-31(a)(3)
and (d)
				to impose a civil administrative penalty of not more than $ 2,500 for each violation
				and additional penalties of not more than $ 1,000 for each day during which a
				violation continues after receipt of an order from the Commissioner to cease the
				violation.
(b) The penalty that may be
				assessed for a violation is to be determined by application of factors indicative of
				the seriousness and type of the violation, as set forth below.
1. Seriousness:
i. Within the Commissioner's discretion,
				significant violations shall include, but not be limited to:
(1) Filing by a public employer of false
				information on the Right to Know survey;
(2) (Reserved)
(3) Failure by a public employer to supply
				information requested by a county health department, county clerk, or designated
				county lead agency, local police department, or local fire department concerning the
				Right to Know survey.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.3 - Standing to sue

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may bring a civil action in law or
				equity on his or her own behalf against any employer for a violation of any
				provision of the Act or any rule and regulation promulgated pursuant thereto, or
				against the Department for failure to enforce the provisions of the Act or any rule
				or regulation promulgated pursuant thereto.
(b) The Superior Court shall have jurisdiction
				over the actions in (a) above. The court may award, whenever it deems appropriate,
				costs of litigation, including reasonable attorney and expert witness
				fees.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.4 - Right to enter employer's facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall
				have the right to enter an employer's facility during the normal operating hours of
				the facility to determine the employer's compliance with the Act pursuant to
34:5A-29(a)
.
(b) Any local or county health department or
				regional health agency that has entered into an interagency agreement with the
				Department shall have the right to enter an employer's facility to determine the
				employer's compliance with the provisions of the Act and rules and regulations
				adopted pursuant thereto, within the territory under its jurisdiction. The local or
				county health department or regional health agency shall conduct this inspection
				during the normal operating hours of the facility and in accordance with guidelines
				that the Department establishes for inspection of employer's facilities. Inspection
				reports and recommendations of the local health officials shall be transmitted to
				the Department. All enforcement action shall be taken by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.5 - Employee health and exposure records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of a
				request by the Department, an employer shall provide the Department copies of
				employee health and exposure records, including those maintained for, and supplied
				to, the Federal government.
(b) Within
				10 days of a Department request for employee medical records that include the
				individuals' names, the employer shall grant the Department access to the employees,
				either in person or by supplying home addresses, in order to request permission to
				review their medical records.
(c) An
				employer that wishes to file a trade secret claim for the name of a substance on
				employee health and exposure records may do so. Said employer shall contact the
				Department for instruction regarding the filing of such a claim.
(d) The use of the employee health and exposure
				records obtained pursuant to (a) and (b) above is not limited to the evaluation of
				an employee's health and exposure to hazardous substances. The information obtained
				will be used in epidemiological studies to determine the impact of hazardous
				substances on worker and community populations. The study of worker exposure to a
				hazardous substance indicates the health effect of that substance on a person,
				whether that person is in the workplace or in the community. Such data from health
				and exposure records are necessary for determining the health effects to community
				residents from hazardous substances.
(e)
				The Commissioner's authority to obtain employee health and exposure records on
				behalf of the public's health is further set forth in
				26:1A-16 and
				26:1A-37.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.6 - Civil administrative order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, on the
				basis of information available to the Commissioner of the Department, the
				Commissioner finds that an employer is in violation of the Worker and Community
				Right to Know Act,
34:5A-1
et seq., or any rule or
				regulations adopted pursuant thereto, the Commissioner, pursuant to
34:5A-31(a)(1)
and (b),
				may issue an order:
1. Specifying the provision or
				provisions of the Act, or the rule or regulation adopted pursuant thereto, of which
				the employer is in violation;
2. Citing
				the action which caused the violation;
3. Requiring the employer to comply with the
				provision of the Act or the rules and regulations adopted pursuant thereto of which
				the employer is in violation; and
4.
				Giving notice to the employer of the right to a hearing on the matter contained in
				the order.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.7 - Civil action

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner of the Department is authorized to commence a
				  civil action in Superior Court for appropriate relief from a violation of the Act
				  pursuant to
34:5A-31(a)(2)
and (c).
				  The relief may include an assessment against the violator for the costs of any
				  investigation, inspection, or monitoring survey that led to the discovery and
				  establishment of the violation, and for the reasonable costs of preparing and
				  litigating the case under this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.8 - Civil penalty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer that violates the Act, an order
				issued pursuant to
8:59-8.6
, or a court order issued pursuant to
8:59-8.7
, or fails to pay in full a civil administrative penalty
				levied pursuant to
8:59-8.2
, shall be subject, upon order of a
				court, to a civil penalty not to exceed $ 2,500 for each day during which the
				violation continues, pursuant to
34:5A-31(a)(4)
and
				(e).
(b) An employer that willfully or
				knowingly violates the Act; willfully or knowingly makes a false statement,
				representation, or certification in any document filed or required to be maintained
				under the Act; or falsifies, tampers with, or knowingly renders inaccurate, any
				monitoring device required to be maintained pursuant to the Act, is subject upon
				order of a court, to a civil penalty of not less than $ 10,000, and not more than $
				5,000, per day of violation, pursuant to
34:5A-31(a)(4)
and
				(e).
(c) Any penalty imposed pursuant to
				this section may be collected, and any costs incurred in connection therewith may be
				recovered, in a summary proceeding pursuant to the "Penalty Enforcement Law,"
2A:58-1
et seq. The Superior Court shall have jurisdiction to
				enforce the "Penalty Enforcement Law."
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.9 - Inspection procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Right to Know Enforcement Officers are
				authorized to enter during normal operating hours any facility or other area where
				work is performed by a public or private employee of an employer; to inspect and
				investigate during normal operating hours within reasonable limits and in a
				reasonable manner, any such facility; and to review records required by the Act and
				rules and regulations promulgated pursuant thereto, and other records that are
				directly related to the purpose of the inspection.
(b) Upon a refusal to permit the Right to Know
				Enforcement Officer exercising official duties to enter an employer's facility
				during normal operating hours, to inspect, to review records, or to question any
				employer, owner, operator, agent, or public or private employee, the Department
				shall take appropriate action, including compulsory process, if necessary. The term
				"compulsory process" means the institution of any appropriate action, including
ex parte
application for an inspection warrant or its
				equivalent.
(c) Any permission by an
				employer to enter, inspect, review records, or question any person, shall not imply
				or be conditioned upon a waiver of any cause of action, civil administrative order,
				or penalty under the Act.
(d) Right to
				Know Enforcement Officers shall have the authority to take or obtain photographs
				related to the purpose of the inspection.
(e) Right to Know Enforcement Officers shall have
				the authority to question privately any employer, owner, operator, agent or public
				or private employee of a facility concerning matters regarding the Worker and
				Community Right to Know Act to the extent they deem necessary for the conduct of an
				effective and thorough inspection.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.10 - Representatives of employers and public employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Right to Know
				Enforcement Officers shall be in charge of inspections and questioning of persons. A
				representative of the employer and, for public employers, a representative
				authorized by the public employees, shall be given an opportunity to accompany the
				Right to Know Enforcement Officer during the physical inspection of any workplace
				for the purpose of aiding such inspection. A Right to Know Enforcement Officer may
				permit additional employer representatives and, for public employers, additional
				representatives authorized by public employees, to accompany the Right to Know
				Enforcement Officer if the Right to Know Enforcement Officer determines that such
				additional representatives will further aid the inspection. A different employer
				and, for public employers, a public employee representative may accompany the Right
				to Know Enforcement Officer during each different phase of an inspection if this
				will not interfere with the conduct of the inspection.
(b) If there is a disagreement as to who is the
				representative authorized by the employer and, for public employers, public
				employees to accompany the Right to Know Enforcement Officer on the inspection, the
				Right to Know Enforcement Officer shall make the final determination as to who is
				the authorized representative. The Right to Know Enforcement Officer shall have the
				authority to talk to any public or private employee of the facility during the
				inspection concerning matters regarding Right to Know compliance.
(c) If in the judgment of the Right to Know
				Enforcement Officer good cause has been shown why accompaniment by a third party who
				is not an employee of the public or private employer is reasonably necessary to the
				conduct of an effective and thorough physical inspection of the workplace, such
				third party may accompany the Right to Know Enforcement Officer during the
				inspection. Such third party may be a local emergency responder.
(d) Right to Know Enforcement Officers are
				authorized to deny the right of accompaniment under this section to any person whose
				conduct interferes with a fair and orderly inspection.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.11 - Complaints by public or private employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any public or
				private employee, or representative of public or private employees, who believes
				that a violation of the Act exists in any workplace where such public or private
				employee is employed, may request an inspection of such workplace by giving notice
				of the alleged violation to the Department or a Right to Know Enforcement Officer.
				Upon the request of the person giving such notice, the Department shall keep
				confidential his or her name and the names of individual public or private employees
				to whom the request or the notice refers.
(b) Prior to or during any inspection of a
				workplace, any public or private employee or representative of public or private
				employees employed in such workplace may notify the Right to Know Enforcement
				Officer of any violation of the Act that the employee or representative has reason
				to believe exists in such workplace.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 8 - ENFORCEMENT › Section 8:59-8.12 - Posting of orders, penalties, and notices of contest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of any
				civil administrative order, civil administrative penalty, court order, or civil
				penalty under the Act, a public employer immediately shall post such order or
				penalty, or a copy thereof, unedited, at or near each place an alleged violation
				referred to in the order or penalty occurred, and a private employer shall send a
				copy of such order or penalty to the local fire department. If, because of the
				nature of a public employer's operations, it is not practicable to post the order or
				penalty at or near each place of alleged violation, such order or penalty shall be
				posted, unedited, in a prominent place where it will be readily observable by all
				affected public employees.
(b) Each
				civil administrative order, civil administrative penalty, court order, or civil
				penalty or a copy thereof, shall remain posted until the violation has been abated,
				or for three working days, whichever is later.
(c) Any public employer that contests the
				provisions of a civil administrative order, civil administrative penalty, court
				order, or civil penalty, shall post such notice of contest next to the order or
				penalty being contested for as long as the order or penalty is required to be
				posted. A private employer shall send such notice of contest to the local fire
				department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 9 - RIGHT TO KNOW HAZARDOUS SUBSTANCE LIST › Section 8:59-9.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Substances not included on the Right to Know
				Hazardous Substance List shall not be subject to the reporting provisions of the
				Act.
(b) The absence of any substance
				from the Right to Know Hazardous Substance List or the provision of any information
				by an employer to an employee or any other person pursuant to the provisions of the
				Act, shall not affect in any way any other liability of an employer with regard to
				safeguarding the health and safety of an employee or any other person exposed to the
				substance, and shall not affect any other duty or responsibility of an employer to
				warn ultimate users of a substance of any potential health hazards associated with
				the use of the substance pursuant to the provisions of any law or rule or regulation
				adopted pursuant thereto.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 9 - RIGHT TO KNOW HAZARDOUS SUBSTANCE LIST › Section 8:59-9.2 - Contents of the Right to Know Hazardous Substance List

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Right to Know
				Hazardous Substance List consists of the hazardous substances listed in Appendix A,
				which includes:
1. Any substance or substance
				contained in a mixture regulated by the Occupational Safety and Health
				Administration, United States Department of Labor, under Title 29 Code of Federal
				Regulations (CFR) Part 1910------Occupational Safety and Health Standards for
				General Industry, Subpart Z------Toxic and Hazardous Substances.
2. Environmental hazardous substances contained in
				the "Environmental Hazardous Substance List" adopted by the New Jersey Department of
				Environmental Protection pursuant to the Act and codified in the New Jersey
				Administrative Code as N.J.A.C. 7:1G.
3.
				Additional substances which the Department has determined pose a threat to the
				health or safety of employees. The scientific evidence documenting the health or
				safety threat of the substances listed in Appendix A is contained in the reference
				sources listed in Appendix A.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 10 - SPECIAL HEALTH HAZARD SUBSTANCE LIST › Section 8:59-10.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Special Health Hazard Substance List
				consists of hazardous substances on the Right to Know Hazardous Substance List that
				pose a special hazard to the health and safety of employees or the community because
				of their known carcinogenicity, mutagenicity, or teratogenicity in humans, animals,
				or
in vitro
tests; or because of their flammability, reactivity,
				explosivity, or corrosivity.
(b) For
				purposes of reporting hazardous substances on the Right to Know survey form, the
				threshold percentage for special health hazard substances when present in a mixture
				shall be one-tenth of one percent for carcinogens, mutagens, and teratogens, and,
				for all other substances, one percent or if present in an aggregate amount of 500
				pounds or more in a container at a facility.
(c) The absence of any substance from the Special
				Health Hazard Substance List shall not imply that a substance is not carcinogenic,
				mutagenic, teratogenic, flammable, reactive, explosive, or corrosive. Such absence,
				or the provision of any information by an employer to an employee or any other
				person pursuant to the provisions of the Act, shall not affect, in any way, any
				other liability of an employer with regard to safeguarding the health and safety of
				an employee or any other person exposed to the substance, and shall not affect any
				other duty or responsibility of an employer to warn ultimate users of a substance of
				any potential special health hazards associated with the use of the substance
				pursuant to the provisions of any law or rule or regulation adopted pursuant
				thereto.
(d) An employer shall not make
				a trade secret claim on the Right to Know survey or for labeling containers for any
				carcinogenic, mutagenic, or teratogenic substance that is listed on the Special
				Health Hazard Substance List and is present as a pure substance or in a mixture at a
				concentration of one-tenth of one percent or greater, or for any flammable,
				explosive, reactive, or corrosive substance that is listed on the Special Health
				Hazard Substance List and is present as a pure substance or at a concentration of
				one percent or greater in a mixture that meets the hazard criteria as defined in
8:59-10.2(a)
.
(e) All
				carcinogenic, mutagenic, and teratogenic substances listed on the Special Health
				Hazard Substance List shall be labeled with their chemical name or common name
				approved by the Department, and their CAS number when present as a pure substance or
				in a mixture at a concentration of one-tenth of one percent or greater. Flammable,
				explosive, reactive, and corrosive substances that are listed on the Special Health
				Hazard Substance List shall be labeled according to the provisions of
				8:59-5.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 10 - SPECIAL HEALTH HAZARD SUBSTANCE LIST › Section 8:59-10.2 - Contents of the Special Health Hazard Substance List

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Special Health
				Hazard Substance List consists of hazardous substances with the following
				properties:
1. Carcinogen--Carcinogens, which have
				met the criteria established by the International Agency for Research on Cancer
				(IARC), the National Toxicology Program (NTP), or the Integrated Risk Information
				System (IRIS) of the United States Environmental Protection Agency.
i. IARC categorizes its list of carcinogens into
				three groups:
(1) Group 1--The chemical, group of
				chemicals or occupational exposure is carcinogenic to humans. This category was used
				only when there was sufficient evidence from epidemiological studies to support a
				causal association between the exposure and cancer.
(2) Group 2--The chemical, group of chemicals or
				occupational exposure is probably carcinogenic to humans.
(3) Compounds from Group 3 were not included on
				the Right to Know or Special Health Hazard Substance Lists.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 10 - SPECIAL HEALTH HAZARD SUBSTANCE LIST › Section 8:59-10.3 - Modification of the list

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall modify the Special Health Hazard Substance
				  List in accordance with the procedures set forth in
8:59-9.3
, and
				  with the use of other reference sources that the Department deems
				  appropriate.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter is promulgated pursuant to the Worker and
				  Community Right to Know Act,
				  34:5A-1 et seq., in particular,
				  34:5A-14 and 30, and the case of New
				  Jersey Chamber of Commerce v. Hughey, 868 F.2d 621 (3rd Cir.), cert. den., 492 U.S.
				  920 (1989).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Private employers
				covered by the Worker and Community Right to Know Act are pre-empted from being
				subject to the workplace requirements of the Act, but must comply with the community
				provisions of the Act.
(b) In order to
				comply with the community provisions of the Act, a private employer must:
1. Submit a completed Community Right to Know
				Survey to the Department of Environmental Protection pursuant to N.J.A.C. 7:1G;
				and
2. Label all containers in the
				workplace pursuant to this subchapter (N.J.A.C. 8:59-11 ).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.4 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
The general information provisions of N.J.A.C. 8:59-1 shall apply
				  to this subchapter, except for
				  8:59-1.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.5 - Trade secrets on labels

Current through Register Vol. 56, No. 14, July 15, 2024
Trade secret claims to maintain the secrecy of hazardous
				  substances and the five most predominant substance ingredients on container labels
				  shall be filed in accordance with the procedures set forth in N.J.A.C. 8:59-3, which
				  shall govern all trade secret label claims.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.6 - Labeling containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of N.J.A.C. 8:59-5, which
				regulate the labeling of containers and pipelines, shall apply to this
				subchapter.
(b) By March 31, 1990, every
				container at a private employer's facility shall bear a label indicating the
				chemical name and CAS number of all environmental hazardous substances in the
				container, and all other substances that are among the five most predominant
				substances in the container, or the trade secret registry number assigned to the
				substance. This is commonly referred to as "universal labeling." Common names
				specified in
8:59-5.7
may be substituted for the chemical name of
				the substance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.7 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of N.J.A.C. 8:59-8, which regulate enforcement of
				  this chapter, shall apply to this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.8 - Right to Know Hazardous Substance List

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of N.J.A.C. 8:59-9, which regulate the Right to
				  Know Hazardous Substance List, shall apply to this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.9 - Special Health Hazard Substance List

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of N.J.A.C. 8:59-10, which regulate the Special
				  Health Hazard Substance List, shall apply to this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.1 - Title and citation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter, as a Department of Labor and
				Workforce Development rule, shall be known and may be cited as N.J.A.C. 12:120,
				Asbestos Licenses and Permits.
(b) This
				chapter, as a Department of Health rule, shall be known as and may be cited as
N.J.A.C. 8:60
, Asbestos Licenses and Permits.
(c)
N.J.A.C. 8:60
and 12:120 are
				a joint adoption of the Department of Labor and Workforce Development and the
				Department of Health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated pursuant to the authority of the
				  Asbestos Control and Licensing Act,
				  34:5A-32 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.3 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				chapter is to provide reasonable standards for:
1.
				Licensing of employers;
2. Permitting of
				workers;
3. Permitting of supervisors;
				and
4. Certifying of training agencies
				and courses for the above job classifications.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.4 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter shall
				apply to:
1. Licensing of employers;
2. Training, examination and issuance of permits
				to workers;
3. Training, examination and
				issuance of permits to supervisors;
4.
				Certifying of training agencies and courses for the above job
				classifications;
5. Employers having a
				contractual relationship for asbestos work with the owner of a building or structure
				or equipment for the application, enclosure, encapsulation, repair, or removal of
				asbestos-containing material; and
6. Any
				public or private building, structure or equipment on which asbestos work is
				performed, except as provided in (b) below.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.5 - Documents referred to by reference

Current through Register Vol. 56, No. 14, July 15, 2024
The availability of standards and publications referred to in
				  this chapter is set forth at N.J.A.C. 12:120-9 and 8:60-9.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 8:60-1.6 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, paragraph, sentence or word of this chapter is
				  determined to be invalid by any court of competent jurisdiction, such determination
				  shall not affect or impair the validity of the remainder of this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 8:60-3.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the administration of the
				  licensing, permitting and certification standards mandated by this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 8:60-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employer falling within the scope of
				this chapter, who performs any of the functions of application, enclosure, repair,
				removal or encapsulation of asbestos in any structure, or who enters into any
				contract with the owner or owner's representative for the employer to perform such
				work or services, shall comply with the provisions of this chapter and shall be
				issued a nontransferable license by the Commissioner of Labor and Workforce
				Development.
(b) For the purpose of
				determining under (a) above whether an employer is performing any of the functions
				of application, enclosure, repair, removal, or encapsulation of asbestos in any
				structure, or entering into any contract with the owner or owner's representative
				for the employer to perform such work and, therefore, whether the employer is
				required to comply with the provisions of this chapter and be issued a
				nontransferable license by the Commissioner of Labor and Workforce Development, the
				Department of Labor and Workforce Development and the Department of Health shall
				analyze all bulk samples obtained to determine the presence of asbestos utilizing
				the "Test Method -- Method for the Determination of Asbestos in Bulk Building
				Materials," EPA/600/R-93/116, July 1993, incorporated herein by reference, as
				amended and supplemented.
1. The Department of
				Labor and Workforce Development and the Department of Health shall analyze Category
				I non-friable asbestos containing material and other non-friable organically bound
				material utilizing the "Test Method -- Method for the Determination of Asbestos in
				Bulk Building Materials," EPA/600/R-93/116, July 1993, in the manner prescribed
				within the Appendix to this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 8:60-3.3 - Interface of State agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of
				Labor and Workforce Development, under the provisions of this chapter, shall:
1. Issue licenses to qualified
				employers;
2. Issue permits to qualified
				workers;
3. Issue permits to qualified
				supervisors;
4. Collect the fees for
				licenses and permits;
5. Determine that
				employers have a valid license; and
6.
				Determine that workers and supervisors have valid permits.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 8:60-3.4 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with
				34:5A-41, any person who violates a
				provision of this chapter shall, upon conviction, be guilty of a crime of the third
				degree and, notwithstanding the provisions of
				2C:43-3, shall be subject to a fine of
				not more than $25,000 in addition to any other appropriate disposition authorized by
				subsection b of
				2C:43-2.
(b) The Commissioner of Labor and Workforce
				Development or the Commissioner of Health , as the case may be, as an alternative to
				or in addition to the fines and imprisonment authorized in (a) above, may employ the
				following powers and remedies in enforcing their respective responsibilities under
				the Act:
1. Whenever either the Commissioner of
				Labor and Workforce Development or Health find that a person has violated any
				provision of the Act for which that Commissioner has the responsibility to enforce,
				that Commissioner may issue an administrative order to abate the violation. The
				administrative order must:
i. Specify the
				provisions of the Act which the person has violated;
ii. Give notice of the person's right to an
				informal conference or hearing pursuant to N.J.A.C. 12:120-8 and 8:60-8, on the
				matters contained in the order. Upon a request for an informal conference or formal
				hearing, the Commissioner of Labor and Workforce Development or Health may grant a
				stay of the administrative order following review of a written request that includes
				a factual basis and clearly supports the appropriateness of the stay.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 8:60-3.5 - Civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employers, training
				agencies and instructors may be assessed civil administrative penalties not to
				exceed $25,000 for each violation of the Act or this chapter, including, but not
				limited to:
1. Performing as an employer without a
				license;
2. Allowing an employee to work
				without a permit;
3. Submitting false
				information on the application for a license;
4. Submitting false information on the application
				for a course certification or instructor approval;
5. Performing as a training agency without
				certification;
6. Failure to meet
				license performance standards when performing asbestos abatement work;
7. Failure to perform quality asbestos
				training;
8. Submitting false
				information on training records;
9.
				Failure to fulfill notification requirements pursuant to N.J.A.C. 12:120-7 and
				8:60-7;
10. Other violations of the Act
				or this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the procedures required to obtain
				  or to renew a license as an employer.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.2 - Exempted activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Health may exempt from the
				license requirements those designated asbestos-related activities based on
				sufficient data which indicates that no significant exposure exists to perform such
				activity. Such data shall be submitted to the Commissioner of Health for review at
				least 10 calendar days prior to the beginning of such work.
(b) These exempted activities involve non-friable
				asbestos containing material that is not rendered friable by the activity.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.3 - Application for license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application for
				an employer license shall be made on forms provided by the Division of Public Safety
				and Occupational Safety and Health.
(b)
				The application for an employer license shall be typewritten or neatly and legibly
				printed in ink.
(c) All applications
				shall be carefully completed.
(d) Where
				applicable, applicants shall furnish evidence of applicable full time asbestos work
				experience as an employer. This experience shall have been completed within five
				years of the filing of the application. This experience shall be listed by job name,
				location, time involved, and cost of the contract.
(e) No license shall be granted to an employer:
1. If the employer is less than 21 years of
				age;
2. If the employer has been found
				to be in non-compliance with
				12:120-3.2 and
				8:60-3.2; or
3. If the employer is unable or unwilling to
				comply with 12:120-4.4 and
				8:60-4.4 within one year of the date of
				receipt of the application by the Division of Public Safety and Occupational Safety
				and Health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.4 - Eligibility for employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant, to be
				eligible for a license as an employer, shall:
1.
				Provide evidence of having successfully completed the training course and pass the
				written examination for asbestos abatement supervisors devised and administered
				under the approval of the Department of Health as set forth at
N.J.A.C.
				12:120-6.2
and
8:60-6.2
;
2. Have employed with the firm a job
				supervisor who holds a valid New Jersey asbestos supervisor permit; and
3. Disclose in and attach to the application form
				all information including, but not limited to, (a)4i through x below and such other
				information as shall demonstrate the applicant's reliability, responsibility,
				capability, competence, and knowledge to perform asbestos work safely and to
				minimize unnecessary health hazards to citizens:
i. A copy of the employer's certificate of
				insurance specifying the name of the insurance carrier, policy number, policy period
				under which the entire New Jersey Workers' Compensation obligation is insured, and
				which specifies both the New Jersey Department of Labor and Workforce Development,
				Asbestos Control and Licensing, and the New Jersey Department of Health and Senior
				Services, Environmental Health Services, as certificate holders of the
				insured;
ii. A listing of respiratory
				protective equipment including serial numbers and proof of purchase or
				availability;
iii. A list of all other
				equipment and its location specific to asbestos abatement including serial numbers
				and proof of purchase or availability;
iv. Any and all citations of violations issued by
				the Occupational Safety and Health Administration;
v. Any and all citations of violations issued by
				the Environmental Protection Agency;
vi.
				Any previous and pending civil litigation;
vii. Any previous and pending criminal
				litigation;
viii. Any previous and
				pending litigation pertaining to other State, Federal, local laws or regulations or
				both;
ix. A list of all public and
				private asbestos abatement projects performed within the past five years;
				and
x. A copy of the employer's standard
				operating procedures which demonstrate capability, competence and knowledge. Such
				policies and procedures should include, but are not limited to, respiratory
				protection and usage, personal protective equipment, engineering methods and
				controls, waste handling and disposal, decontamination, safety considerations and
				emergency procedures, and detailed abatement procedures for specific
				asbestos-containing materials.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.5 - Granting of employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license shall be
				granted in accordance with (b) below, when an employer can comply with
				12:120-4.4 and
				8:60-4.4.
(b) The license for an employer shall:
1. Be in writing;
2. Contain the date of issuance;
3. Contain the date of expiration;
4. Contain the name and address of the employer to
				whom it is issued;
5. Be valid for one
				year from the date of issuance;
6. Be
				signed by the Commissioner of Labor and Workforce Development or his or her
				designee; and
7. Be nontransferable.
i. A transfer includes, but is not limited to, the
				sale of stock in the form of a statutory merger or consolidation, the sale of the
				controlling shares of the assets, the conveyance of real property, the dissolution
				of corporate identity, and the financial reorganization and initiation of bankruptcy
				proceedings.
ii. The Commissioner shall
				reasonably have the right to examine and review all pertinent employer records
				relating to ownership to facilitate determinations on transfers.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.6 - Identification of licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The license shall be
				available at the worksite for examination by the Commissioner of Labor and Workforce
				Development, Commissioner of Health , the contracting agency, and the owner or the
				owner's representative.
(b) A sign
				meeting the requirements of this subsection shall be posted and displayed outdoors
				at the worksite.
1. The sign shall be readily
				visible; and
2. The sign shall contain
				the following information in letters not less than four inches in height: "LICENSED
				BY THE STATE OF NEW JERSEY FOR ASBESTOS WORK--LICENSE NUMBER _____".