reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 4 - REVIEW OF NOTICE OF CONTEST › Section 12:112-4.8 - Withdrawals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party may withdraw its Notice of Contest or order to comply at any stage of a proceeding.
(b) The notice of withdrawal shall be served and posted in accordance with 12:112-1.7 upon all parties.
(c) Proof of service shall accompany the notice of withdrawal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 5 - HEARINGS › Section 12:112-5.1 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Review Commission determines that a review and decision can only be obtained by a hearing, the matter shall be transmitted to the Office of Administrative Law for a hearing before an Administrative Law Judge pursuant to the Administrative Procedure Act, 52:14B-1 et seq.
(b) The Review Commission shall render a final determination within 45 days of receipt of the Administrative Law Judge's initial decision. The Review Commission may adopt, modify, or reject the Administrative Law Judge's initial decision.
(c) The parties shall have 14 days from the receipt of the Administrative Law Judge's initial decision to file exceptions with the Review Commission.
1. The parties may request an additional seven calendar days to file cross-exceptions.
2. The exceptions and cross-exceptions shall be considered by the Review Commission together with the Administrative Law Judge's initial decision in rendering a final determination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 5 - HEARINGS › Section 12:112-5.2 - Abstentions

Current through Register Vol. 56, No. 14, July 15, 2024
A member of the Review Commission shall abstain from voting on a particular matter whenever he or she has a personal interest in the outcome of a particular case.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 5 - HEARINGS › Section 12:112-5.3 - Appeals from Review Commission determinations

Current through Register Vol. 56, No. 14, July 15, 2024
Any appeal from a final determination of the Review Commission shall be made to the Appellate Division of the Superior Court.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 6 - REVIEW COMMISSION MEETINGS › Section 12:112-6.1 - Meetings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson shall convene meetings of the Review Commission, as needed, to render decisions on pending cases.
(b) Such meetings shall be open to the public and held in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-1 et seq.
(c) The Chairperson shall cause notice to be given to parties whose cases may be reviewed at a particular meeting.
(d) Matters for consideration at such meetings shall include, but not be limited to:
1. Cases requiring Review Commission consideration as to whether a written record review or a hearing is appropriate for resolution;
2. Stay and interim relief requests;
3. Final determinations on all cases, whether a review is made on the written record or through the hearing process;
4. Petitions for reconsideration;
5. Settlements submitted for Review Commission approval;
6. Consolidation of cases;
7. Severance of cases;
8. Non-party participation; and
9. Withdrawal of parties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 6 - REVIEW COMMISSION MEETINGS › Section 12:112-6.2 - Quorum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No official business of the Review Commission shall be conducted without a quorum which shall consist of at least two of the three members.
(b) A quorum may be obtained through conference call mechanisms.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 6 - REVIEW COMMISSION MEETINGS › Section 12:112-6.3 - Voting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Members of the Review Commission shall be present in order to vote, except as provided in (b) below.
(b) A member who is absent with good cause may vote through a conference call mechanism provided he or she certified that he or she has read the Administrative Law Judge's initial decision and any exceptions or cross-exceptions submitted by the parties, in the case of a hearing, or is otherwise familiar with the issue over which the vote was cast.
(c) Official action of the Review Commission shall be taken only when at least two members vote in a similar manner. In the event that official action cannot be taken, the matter will be continued until at least two members vote in a similar manner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.3 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.4 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.5 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 12:120-1.6 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 12:120-3.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 12:120-3.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 12:120-3.3 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 12:120-3.4 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 3 - ADMINISTRATION › Section 12:120-3.5 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.3 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.4 - 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;
iii. A list of all other equipment and its location specific to asbestos abatement including serial numbers and proof of purchase;
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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.5 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.6 - 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 ______________________".
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.7 - License performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall ensure that all asbestos work performed conforms to those license performance standards as identified at
N.J.A.C. 12:120-4.4(a)3  and 8:60-4.4(a)3, including, but not limited to, the following:
1. Accepted engineering practices which protect human health and the environment;
2. Compliance with 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants, Subparts A and M;
3. Compliance with
N.J.A.C. 7:26
, Solid and Hazardous Waste Regulations; and
4. Compliance with N.J.A.C. 5:23-8, Asbestos Hazard Abatement Subcode of the Uniform Construction Code in educational facilities and public buildings as defined at 5:23-8.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.8 - Suspension or revocation of employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employer may have his license suspended or revoked for:
1. Incompetence;
2. Negligence;
3. Failure to comply with contract specifications; or
4. Any violation of the Asbestos Control and Licensing Act, 34:5A-32 et seq. or this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 12:120-4.9 - Renewal of employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application for renewal of a license shall be submitted at least 30 days prior to the date of expiration. When the application for renewal of a license is submitted within the required time period, the license may continue in effect until the Commissioner renders a determination regarding the application.
(b) The license shall be renewed annually.
(c) The application fee for renewal of a license shall be the same as the application fee charged for an initial license under 12:120-4.3(h)  and 8:60-4.3(h).
(d) The application fee for renewal of a license shall accompany the application and is non-refundable.
(e) The application fee for renewal of a license shall be paid by certified check or money order made payable to the Commissioner of Labor and Workforce Development.
(f) No liability shall be assumed by the Division of Public Safety and Occupational Safety and Health for loss in transmission of the application fee for renewal of a license.
(g) An application for renewal of a license shall not be approved until all outstanding penalties lawfully imposed on the applicant under the Act or this chapter have been paid.
(h) An application for renewal of a license that has expired shall be treated as an original application.
(i) The replacement cost of a license which has been altered, defaced, mutilated, or lost shall be the same as the fee charged for the issuance of a duplicate license under 12:120-4.3(h)  and 8:60-4.3(h). Replacement shall be made only after review by the Commissioner.
(j) Photostats, photographs, or reproductions of a license shall have no status and shall not be recognized.
(k) In all cases where the Commissioner refuses to renew a license, the employer shall have the right to an informal conference or formal hearing, or both, pursuant to N.J.A.C. 12:120-8.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to each person applying for or renewing either an asbestos worker permit or an asbestos supervisor permit.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.2 - Exempted activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Health may exempt from the permit requirements those designated asbestos-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 shall involve non-friable asbestos containing material that is not rendered friable by the activity.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.3 - Requirements for obtaining an asbestos worker or an asbestos supervisor permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall issue a permit to each applicant who satisfies the requirements listed below. The applicant shall:
1. Be at least 18 years of age;
2. Successfully complete either the asbestos abatement worker or asbestos abatement supervisor training course approved by the Department of Health and pass a written examination devised and administered under the approval of the Department of Health for each respective position.
i. Proof of passing the written examination shall be submitted with the permit application; and
3. Complete the permit application, a copy of which may be obtained from the Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.4 - Procedures for completing training course and examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant required by this subchapter to complete asbestos training shall register at a training agency that has been certified by the New Jersey Department of Health to offer such training. A list of certified training agencies is available from the Department of Health.
1. The topics for worker training are set forth at
N.J.A.C. 12:120-6.2
and
6.6
and 8:60-6.2 and
6.6
;
2. The topics for supervisor training are set forth at
N.J.A.C. 12:120-6.2
and
6.7
and 8:60-6.2 and
6.7
; and
3. Upon successful completion of the training course, all applicants shall complete an "Asbestos Trainee Evaluation" form (ASB-24).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.5 - Procedures for completing permit application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for a permit shall complete an application which can be obtained from the Division of Public Safety and Occupational Safety and Health.
(b) Each applicant shall provide the following to the Division of Public Safety and Occupational Safety and Health:
1. Name, address, date of birth, age, sex, height, weight, eye color, driver's license number, and telephone number;
2. The name and location of the course where the applicant has successfully completed asbestos training, the date of completion, and number of hours of training.
i. The applicant shall submit to the Division of Public Safety and Occupational Safety and Health documentation that indicates successful completion of the asbestos training course with the application for permit.
ii. The applicant shall submit proof of passing the written examination.
3. Two recent, identical passport-size color photographs taken against a white background or backdrop with the applicant's face being not less than three quarters of an inch in width. The applicant shall not wear a hat, glasses or any other item which may alter or disguise the overall features of the face in the photographs; and
i. The applicant shall legibly print his or her name on the back of both photographs submitted.
ii. The applicant shall attach one passport size color photograph in the space provided on the application.
4. The name and address of the applicant's present employer, the applicant's position with the employer and the date employment commenced.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.6 - Length of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permit issued by the Commissioner shall be valid for one year from the date of issuance.
(b) A permit shall be automatically cancelled on the date of its expiration.
(c) Any person performing asbestos work requiring a permit under the Act or this chapter who performs such work while holding an expired permit shall be subject to the penalty provisions of the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.7 - Contents of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permit for an asbestos worker or asbestos supervisor shall be issued in writing, signed by the Commissioner of Labor and Workforce Development, and shall contain:
1. The date of issuance;
2. The expiration date;
3. The name and address of the worker or supervisor to whom it is issued; and
4. The worker's or supervisor's unique identification number supplied by the Department of Labor and Workforce Development.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.8 - Identification of permit holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each worker or supervisor performing asbestos work shall have their permits available at the job site and readily available for inspection by representatives of the Commissioners of the Department of Labor and Workforce Development and Health and of the contracting agency.
(b) Tampered with, altered, or defaced permits shall be void.
(c) Any photostats, photographs, or reproductions of a permit shall be invalid.
(d) Any worker or supervisor who loses his or her permit or has it stolen shall immediately notify the Division of Public Safety and Occupational Safety and Health in writing.
(e) An altered, defaced, mutilated, lost, or stolen permit may be replaced upon written request and a review of the circumstances by the Commissioner.
(f) A request for a replacement or duplicate permit shall be notarized and include:
1. The name, address and date of birth of the permit holder;
2. The worker's or supervisor's unique identification number;
3. The circumstances surrounding the loss of the permit, including when, where and how the permit was altered, defaced or mutilated, lost or stolen; and
4. The altered, defaced, or mutilated permit, if applicable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.9 - Suspension and revocation of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may suspend or revoke any permit for the following reasons:
1. The worker or supervisor is incompetent to perform asbestos work;
2. The worker or supervisor is negligent in performing asbestos work; and/or
3. The worker or supervisor loans the permit, abandons the permit, or allows it to pass from his or her possession.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 12:120-5.10 - Renewal of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for renewal of a permit shall be submitted at least 30 days prior to its expiration date. When the application for renewal is submitted within the required time period, the permit may continue in effect until the Commissioner renders a determination regarding the application. The applicant shall be notified in writing by the Department whether a valid extension has been granted. This validation together with the expired permit shall be carried upon the worker's person and be readily available for inspection by representatives of the Commissioners of the Departments of Labor and Workforce Development and Health and the contracting agency.
(b) The Commissioner shall renew a worker or supervisor permit if the renewal applicant has:
1. Completed an application as set forth at 12:120-5.5 and 8:60-5.5 within one year of the expiration date of the expired permit;
2. Provided evidence of refresher training pursuant to 12:120-6.8 and 8:60-6.8; and
i. Permit holders whose permits expire on or after October 1, 1990 shall submit proof of refresher training.
3. Paid all penalties lawfully imposed on the renewal applicant under the Act and this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the procedures and qualifications required to obtain and maintain or renew certification from the Commissioner of Health to conduct training courses on asbestos abatement as provided for in the Act. At a minimum, training courses shall meet the following requirements as set forth in this subchapter or
40 CFR 763
, "Asbestos Model Accreditation Plan; Interim Final Rule," whichever is more stringent.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.2 - Types of courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The asbestos abatement worker training course shall be presented over four days and shall include a minimum of 28 hours of training, of which a minimum of 14 hours shall be dedicated to the conduct of hands-on-training. The topics which shall be presented are set forth at 12:120-6.6 and 8:60-6.6.
(b) The asbestos abatement contractor/supervisor training course shall be presented over five days and shall include a minimum of 35 hours of training, of which a minimum of 14 hours shall be dedicated to the conduct of hands-on-training. The topics which shall be presented are set forth at 12:120-6.7 and 8:60-6.7.
(c) Annual refresher training for asbestos workers shall be at least seven hours. Annual refresher training for asbestos supervisors shall be at least eight hours. The items required to be presented during refresher training are set forth at 12:120-6.8 and 8:60-6.8.
(d) The hour requirements listed in (a) through (c) above shall be exclusive of lunch and break times.
(e) Demonstrations not involving individual participation shall not be considered hands-on training.
(f) Initial and refresher training courses for both disciplines shall be specific to a single discipline and shall not be combined with training for other disciplines.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.4 - Training agency operating requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certified training agencies shall have the burden of demonstrating compliance, or the ability to comply, with the requirements of this subchapter.
(b) Certified training agencies shall have access to sufficient classrooms, off-site demonstration facilities, equipment, materials and instructors to ensure that adequate training courses meeting the requirements of this subchapter can be conducted.
(c) Certified training agencies shall use any training materials, examinations, forms, questionnaires, surveys, informational or audiovisual aids which may be required by the Department of Health and Senior Services.
(d) Certified training agencies shall ensure that at least one course instructor represents them at any meeting sponsored by the Department of Health for the purpose of maintaining uniform and high quality training courses among certificants.
(e) Certified training agencies shall limit class size to 25 students for initial training courses.
(f) Certified training agencies shall limit class size to 30 students for refresher training courses.
(g) All certified training agencies shall notify the Department of Health at least two weeks in advance of the beginning of any training course. All notifications shall be in writing and shall be submitted on forms provided by the Department of Health . If any course information changes, the training agency shall notify the Department of Health as soon as that agency becomes aware of such changes.
(h) Certified training agencies shall ensure that all refresher trainees have met the requirements for obtaining a New Jersey permit as outlined at 12:120-5.3 and 8:60-5.3. Certificates of completion shall be issued only to those individuals who have met these requirements and have successfully completed the refresher course.
(i) Certified training agencies shall submit instructor documentation meeting the requirements of
N.J.A.C. 12:120-6.5
and
8:60-6.5
to the Department of Health for approval prior to allowing that instructor to conduct any training course.
(j) Certified training agencies shall issue a certificate of completion to trainees upon their successful completion of an initial or a refresher training course. The certificate shall specify the following:
1. A unique certificate number;
2. The full name of the trainee;
3. Discipline;
4. The expiration date of the certificate;
5. The course completion date;
6. The name, address and telephone number of training agency;
7. The language in which the training course was given; and
8. Shall bear the signature of the course instructor.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.5 - Criteria for training course instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for certification of any training course, three or more course instructors shall be employed. A sufficient number of instructors shall be hired to ensure that all of the education and experience criteria for instructors set forth below are met:
1. At least one instructor shall have experience in both the design, field performance and evaluation of air monitoring programs, and in the design and implementation of respiratory protection programs.
2. All applicants applying for instructor approval after April 3, 1995, must take the New Jersey asbestos supervisor course and successfully complete the examination approved by the Department of Health .
3. To teach the sections of the course concerning the health effects of asbestos, the instructor shall be a qualified health professional.
4. To qualify to teach the hands-on training sessions, an instructor shall have at least one year of experience as a New Jersey asbestos abatement contractor or as a supervisor of asbestos abatement workers. This person shall have had direct experience in all phases of asbestos abatement work.
5. At least one instructor shall have experience in designing, implementing, and evaluating either employee educational programs in occupational health and safety or vocational education programs.
6. To qualify to teach the smoking cessation topics, instructors shall have successfully completed a course in smoking cessation approved by the Department of Health.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.6 - Criteria for topics in asbestos abatement worker training course

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training courses shall be designed and conducted to include, at a minimum, the following topics:
1. Background information on asbestos:
i. History of asbestos use; and
ii. Physical characteristics of asbestos.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.7 - Criteria for topics in the asbestos abatement contractors/supervisor training course

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training courses shall be designed and conducted to include, at a minimum, the following topics:
1. All of the topics pursuant to 12:120-6.6 and 8:60-6.6;
2. Respiratory protection programs and medical monitoring programs (hands-on training required);
3. Insurance and liability issues;
4. Recordkeeping for asbestos abatement projects;
5. Supervisory techniques for asbestos abatement activities;
6. Contract specifications; and
7. Course review and course examination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.8 - Criteria for topics in refresher training courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Refresher training for asbestos worker and contractor/supervisor courses shall consist of the topics designed to increase or enhance an individual's skills and knowledge necessary to perform the job tasks and job functions associated with the respective certification.
(b) Refresher training shall include, but not be limited to:
1. An overview of key health and safety practices;
2. An update on any relevant Federal, State or local regulatory changes;
3. Any new developments in applicable state-of-the-art technologies and abatement procedures;
4. Respiratory protection programs and medical surveillance; and
5. Course review.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.9 - Granting of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No training agency shall be eligible for course certification unless the applicant has first received certification as an approved training agency pursuant to either this section or 8:60-6.4 and 12:120-6.4.
(b) An annual certification shall be granted to a training agency which has demonstrated the ability to meet the requirements of this subchapter, including course content, teaching methods, and instructor qualification based upon the application submission required by
N.J.A.C. 12:120-6.3
and
8:60-6.3
, and such investigation as the Commissioner of the Department of Health should deem necessary.
(c) All applicants shall be of good moral character. If the applicant is a corporation, this requirement shall apply both to the corporation and to those individuals who are responsible for the day-to-day operation of the corporation.
(d) An annual letter of certification shall:
1. Specify the date of issuance;
2. Specify an expiration date;
3. Specify the name and address of the training agency which is certified;
4. Specify what training courses the certificant is authorized to teach;
5. Be signed by the Commissioner of the Department of Health or his or her designee; and
6. Be nontransferable.
i. Where a training agency certification is issued to a close corporation, the transfer in ownership of 10 percent or more of the shares in the agency shall constitute a certification transfer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.10 - Renewal of training agency certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to approve a training agency certification renewal application, the Commissioner of Health shall determine, based upon the application, that:
1. The certificant has certified that all information contained on the original application is still correct, or where applicable, has updated such information;
2. All outstanding penalties lawfully imposed on the certificant have been paid;
3. The certificant has exhibited competence, integrity, and responsibility; and
4. The training agency can operate in compliance with this subchapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 12:120-6.11 - Suspension or revocation of training agency certification or instructor approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any certified training agency may have its application denied, certification suspended or revoked, and/or shall be required to pay the administrative penalties set forth at
N.J.A.C. 12:120-3.5
and
8:60-3.5
for each violation listed below:
1. Incompetence;
2. Failure to adequately present either the topics set forth in this subchapter or any other materials required by the Department of Health ;
3. Any violation of 8:60-6.1 0 and 12:120-6.1 0;
4. Submitting false information on an initial or renewal application, trainee evaluation form, or course notification form;
5. Failure to submit information or notification within the required time periods specified in this subchapter;
6. Falsification of training records, instructor qualifications, or other certification information;
7. Failure to maintain required records;
8. Any violation of this subchapter; or
9. Any good cause within the meaning and purpose of the law.