reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.8 - Attendance at hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons having a direct interest in the arbitration are entitled to attend hearings, but it shall be discretionary with the arbitrator to determine the propriety of attendance of any other persons.
(b) Such arbitrator shall have the power to require the retirement of any witness or witnesses during the testimony of other witnesses.
(c) Failure of a party to appear at or participate in a hearing duly scheduled may be deemed by the arbitrator, at his or her discretion, as a waiver of the right to appear at or participate in such hearing. The arbitrator, at his or her discretion, may proceed with the hearing in the absence of or without participation of said party.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.9 - Majority decision

Current through Register Vol. 56, No. 14, July 15, 2024
Where more than one arbitrator is sitting in a case, all decisions of the arbitration board shall be by majority vote unless the power of making such decision is delegated to the chairperson; all awards shall be by majority vote unless concurrence of all is specifically required in the arbitration agreement.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.10 - Evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the arbitration hearing, the parties may offer such evidence as they desire and shall produce such additional evidence as the arbitrator may deem necessary. Conformance to legal rules of evidence is not necessary, and the arbitrator shall be the judge of the relevancy and materiality of the evidence offered.
(b) All evidence shall be taken in the presence of all of the arbitrators and of all of the parties, except where any of the parties is absent in default or has waived his or her right to be present.
(c) The arbitrator may accept or require briefs to aid in his or her determination of the case where arrangement for exchange of such briefs are made at a hearing.
(d) Time limits for submission of such briefs shall be determined by the arbitrator and the right to submit briefs shall be waived unless they are submitted within the time limits or an extension of time is granted.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.11 - Inspection

Current through Register Vol. 56, No. 14, July 15, 2024
If the arbitrator deems it necessary, he or she may make an inspection in connection with the subject matter of the dispute after written notice to the parties who may, if they so desire, be present at such inspection.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.12 - Close of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The arbitrator shall specifically ask the parties whether they have further evidence or witnesses to produce before terminating the hearings. If not, the arbitrator shall declare the hearings closed.
(b) The arbitrator shall declare the hearings closed as of the final date established for the submission of briefs or other evidence by the parties.
(c) In the absence of other agreements by the parties, the time limit within which the arbitrator is required to make and submit his or her award shall start as of the closing date.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.13 - Reopening of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing may be reopened by the arbitrator upon his or her own motion or at the request of either party for good cause shown at any time before the award is made, with the arbitrator to be the sole judge of the sufficiency of the reason. When hearings are reopened, the effective date of closing the hearings shall be the closing date of the reopened hearings.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.1 - Time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The award shall be made promptly within the time limit set in the agreement between the parties or a mutually agreed upon extension but in no case more than 30 days after the closing of hearing.
(b) If a decision is not rendered after 30 days, it is the obligation of the parties to contact the board so it can attempt to expedite a decision. If a decision is not rendered after 60 days either party can request in writing that the hearing be voided and another arbitrator be selected by means of the normal selection procedure; such a request will be automatically granted unless the parties individually agree to an extended award date. If the board invalidates a hearing due to a late decision, the parties shall not be obligated to pay the arbitrator's fee.
(c) The arbitrator shall not release arbitration decisions for publication or distribution without the written consent of the parties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.2 - Form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The award shall be in writing, signed by the sole arbitrator or by the majority of an arbitration board, and the signature or signatures shall be witnessed by a qualified notary.
(b) The award may or may not be followed or accompanied by an opinion by the sole arbitrator or the majority of the arbitration board.
(c) An opinion, if written, shall set forth the findings of facts, conclusions and remedial actions.
(d) Dissenting opinion, if any, shall be mailed to the parties and the board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.3 - Award on settlement

Current through Register Vol. 56, No. 14, July 15, 2024
If a dispute is settled during the course of an arbitration, the arbitrator may, upon request of the parties, set forth the terms of the agreed settlement in an award.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.4 - Delivery of the award

Current through Register Vol. 56, No. 14, July 15, 2024
The award shall be sent to the parties and to the board. The parties shall accept as legal delivery of the award the placing of the award or a true copy thereof in the mails addressed to such parties or their attorneys at their last known addresses. It is the responsibility of the parties to inform the arbitrator of the names and addresses of the persons to be served the award.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.5 - Finality of the award

Current through Register Vol. 56, No. 14, July 15, 2024
After an award has been delivered to the parties, such award shall be final and binding upon them subject only to due process of law.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.6 - Arbitrator's status subsequent to rendering a decision

Current through Register Vol. 56, No. 14, July 15, 2024
An arbitrator becomes functus officio upon signing his or her award and he or she may not add to, subtract from or in any way explain, correct or modify his or her award unless all parties, in writing, agree to reinstate his or her authority.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 5 - THE AWARD › Section 12:105-5.7 - Waiver of right to object

Current through Register Vol. 56, No. 14, July 15, 2024
Any party who proceeds with an arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state his or her objection thereto in writing shall be deemed to have waived his or her right to appeal.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 1 - FUNCTIONS OF THE BOARD › Section 12:106-1.1 - Limitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey State Board of Mediation established by the "New Jersey Labor Mediation Act" (34:13A-1 et seq.) is restricted in its functions to voluntary mediation and arbitration and is not authorized by statute, except in public utility disputes, to order elections, to fix an appropriate bargaining unit or to determine eligibility of voters.
(b) The Board will conduct elections to select an exclusive collective bargaining agent in those instances where the employer and the labor organization(s) involved enter into an agreement setting forth the appropriate unit, the time and place of holding the election and the payroll to be used in determining what employees shall be eligible to vote; provided, that any question raised by the parties relating in any manner to the election and not specifically covered by the agreement shall be subject to final decision by the chairman of the Board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.1 - Request for election

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for an election may be made by representatives of either an employer or a labor organization and shall contain the following:
1. Name and address of the employer;
2. Name and address of the labor organization or organizations concerned in the representation question;
3. Other facts relevant to the controversy.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.2 - Intervenors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to accepting a consent stipulation for the conduct of an election the Board will advise the regional office of the AFL-CIO and the independent unions of New Jersey regarding the pendency of a consent election.
(b) Within five days after receipt of notice of pendency of an election another labor organization must demonstrate to the chairman of the Board or his designated agent that it has a sufficient interest in the matter in question to warrant being accorded a place on the ballot. Determination of what constitutes sufficiency of interest shall be made by the chairman in each case. Objections to the conduct of an election by a party which cannot demonstrate an interest shall not stay the proceedings.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.3 - Conditions of election

Current through Register Vol. 56, No. 14, July 15, 2024
Elections shall be conducted under the supervision of the chairman who may designate a representative to act on behalf of the Board. All elections shall be by secret ballot which shall be prepared by the Board. Where parties to the consent election so agree, mail ballots shall be sent where necessary to cover employees who are ill, temporarily laid off or on vacation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.4 - Observers

Current through Register Vol. 56, No. 14, July 15, 2024
Parties to the election will be permitted to station authorized observers at the polling place during the election to assist in its conduct, to challenge the eligibility of voters and to verify the tally. Upon conclusion of the balloting, a tally of ballots will be prepared and furnished to each of the parties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.5 - Challenged ballots

Current through Register Vol. 56, No. 14, July 15, 2024
If the right of an employee to vote is challenged, the employee shall be permitted to vote, but his ballot shall be sealed by him in a separate envelope and the employee shall deliver the envelope to the agent duly designated to conduct the election. If the challenged ballots are insufficient to affect the election results, no determination as to their validity shall be made. Where challenged ballots are sufficient in number to affect the results of an election, the agent shall prepare a concise statement setting for the reasons and grounds for each challenge and shall forward this statement to the chairman. The chairman shall forward copies of this report to all parties concerned, and within five days thereafter any party may object to the report on challenged ballots by filing with the Board and all other parties, a concise statement of the facts constituting the grounds for objection. If no objections to the report of the agent are made, the chairman may make his decision with respect to the challenged ballots. If objections are filed within the five-day period, the Board shall, either with or without a hearing, make a determination.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.6 - Other objections

Current through Register Vol. 56, No. 14, July 15, 2024
Objections to the conduct of an election may be filed with the Board within five days after closing of the polls, with copies of such objections being forwarded to each of the other parties. The Board or its agent shall investigate the issues raised by the objections and the Board shall, either with or without a hearing, make its determination with respect to the objections. The Board shall have authority to invalidate the election results and to recommend a new election if the facts warrant.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.7 - Runoff elections

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that two or more labor organizations are to appear on a ballot together with a choice of "no union," the parties shall agree in advance of the election regarding conditions for a second or runoff election should no choice on the ballot receive a majority of the valid votes cast.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 106 - ELECTIONS › Subchapter 2 - ELECTION PROCEDURES › Section 12:106-2.8 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
The chairman, upon disposition of all questions pertaining to the election, shall either certify to the parties the results of the election or make other appropriate disposition of the matter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 1 - GENERAL PROVISIONS › Section 12:110-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to ensure that all public employees are provided with a safe and healthful work environment free from recognized hazards.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 1 - GENERAL PROVISIONS › Section 12:110-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to employers, employees, and agencies as described in the New Jersey Public Employees Occupational Safety and Health Act, 34:6A-25 et seq.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 1 - GENERAL PROVISIONS › Section 12:110-1.3 - 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 explained in N.J.A.C. 12:110-9.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 1 - GENERAL PROVISIONS › Section 12:110-1.4 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall be construed to ensure that recognized workplace hazards are remedied as expeditiously as possible.
(b) Words importing the singular number may extend and be applied to the plural and vice versa.
(c) For all references to employees, the Commissioner, or any other person: whenever the male or female gender is used it shall be construed to include any gender and no gender.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 3 - ADMINISTRATION › Section 12:110-3.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the responsibilities and rights for the procedures developed for the safety and health programs under the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 3 - ADMINISTRATION › Section 12:110-3.2 - Program direction

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, in consultation with the Commissioner of Health and/or the Commissioner of Community Affairs, as required, shall be the administrator of the New Jersey Public Employees' Occupational Safety and Health Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 3 - ADMINISTRATION › Section 12:110-3.3 - Duties of employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employer shall provide each of his employees with employment and a place of employment which are free from recognized hazards which may cause serious injury, physical harm or death to his employees.
(b) Every employer shall comply with the occupational safety and health standards promulgated under the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 3 - ADMINISTRATION › Section 12:110-3.4 - Employee responsibilities and rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every public employee shall comply with the occupational safety and health standards and all regulations promulgated under the Act which are applicable to his or her own actions and conduct.
(b) Each employee shall comply with all orders issued by the employer in accordance with the Act and with this chapter which are applicable to his or her own actions and conduct.
(c) Employees shall use safety equipment, personal protective equipment and other devices and procedures which have been deemed necessary by the employer for their protection.
(d) Employees or employee representatives shall have the right to report unsafe and unhealthful working conditions to the employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 3 - ADMINISTRATION › Section 12:110-3.5 - Dissemination of program information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the Act, these rules, N.J.A.C. 12:100, Safety and Health Standards for Public Employees, and applicable standards adopted by reference therein and details of the employer's occupational safety and health program shall be made available by the employer upon request to employees or employee representatives for review.
(b) A copy of the employer's written occupational safety and health program applicable to the establishment shall be made available to each supervisor and to employee representatives.
(c) Each employer shall post conspicuously in each establishment, and keep posted, the Department of Labor and Workforce Development's poster informing employees of the provisions of the Act. Such poster shall be posted in each establishment in places accessible to all employees. Each employer shall take steps to ensure that any such poster is not altered, defaced, or covered by other material.
1. In the event that an employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, display of the poster on the employer's internet or intranet site shall satisfy the conspicuous posting requirement set forth in this subsection.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes procedural rules on inspections, orders to comply, and penalties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.2 - Authority for inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Compliance Officer shall enter without delay and at reasonable times any establishment or field site of any employer where work is performed by an employee where there is reason to believe that a violation of a safety or health standard exists and to conduct such investigations as he or she may deem necessary.
(b) The Compliance Officer shall inspect and investigate during regular working hours and at other reasonable times any establishment or field site and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein.
(c) Employers shall permit the Compliance Officer to question privately any employee or managerial executive and review all records required by the Act and this subchapter including, but not limited to, records regarding:
1. Any claimed safety or health violation;
2. Work-related deaths, injuries and illnesses other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or of motion, or transfer to another job;
3. Any potential safety or health hazard at any establishment or field site;
4. Any claimed employer act of discrimination related to the Act;
5. Employee exposure to potentially toxic materials or other harmful physical agents which the regulations require to be monitored or measured; or
6. Any other employer activities relating to the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.3 - Advance notice of inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advance notice of inspections shall not be given except in the following situations:
1. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;
2. In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection; and
3. In other circumstances where the Commissioner, the Commissioner of Health, or their designees, determine that the giving of advance notice would enhance the probability of an effective and thorough inspection.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.5 - Representation at inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Compliance Officer shall be in charge of inspections and questioning of persons. A representative of the employer, complaining party, and an employee representative shall be given an opportunity to accompany the Compliance Officer during the physical inspection of any workplace for the purpose of aiding such inspection. Any employee who accompanies a Compliance Officer on an inspection shall receive payment of normal wages for the time spent during the inspection.
1. A Compliance Officer may permit additional employer representatives and additional employee representatives to accompany him or her when he or she determines that additional representatives will further aid in the inspection.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.6 - Consultation with employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employers shall make appropriate arrangements enabling a Compliance Officer to consult with employees during regular working hours concerning matters of occupational safety or health to the extent necessary for the conduct of an effective and thorough inspection.
(b) During the course of an inspection, any employee or employee representative shall be afforded the opportunity to bring to the attention of the Compliance Officer any apparent violation of the Act or the rules under the Act which he has reason to believe exists in the workplace.
(c) Employee or employee representative interviews shall be conducted in private. Where such inquiry cannot be conveniently conducted at the workplace, the Compliance Officer shall arrange for private interviews at a site other than the workplace.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.7 - Complaints by employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employee or employee representative who believes that a violation of the Act exists in the establishment or field site where such employee is employed may request an inspection by giving notice of the alleged violation to the Commissioner, the Commissioner of Health, or their designees.
1. Any such notice shall be in writing and set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or an employee representative. However, notice of imminent danger or serious hazard circumstances made by telephone shall be acted upon when warranted.
2. A copy of the notice shall be provided to the employer, or his or her agent, by the Commissioner, Commissioner of Health, or their designees, no later than at the time of the inspection, except that, upon the request of the person giving such notice, his or her name and the names of individual employees referred to therein, shall not appear in such copy or on any record published, released, or made available by the New Jersey Department of Labor and Workforce Development or the Department of Health.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.8 - Inspection not warranted and informal review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Commissioner, Commissioner of Health, or their designees, determine that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint pursuant to N.J.A.C. 12:110-4.7, the complaining party shall be notified, in writing, of such determination.
1. The complaining party may obtain review of such determination by submitting a written statement of position to the Commissioner of Labor and Workforce Development and, unless the complaining party elects anonymity, providing the employer with a copy of such statement by certified mail.
2. When notified of the request by the complaining party or the Department of Labor and Workforce Development, the employer may submit an opposing written statement of position to the Commissioner and, at the same time, unless the complaining party has elected anonymity, provide the complaining party with a copy of such statement by certified mail.
3. The complaining party or the employer may request an informal conference to attempt to resolve the dispute. If a party requests an informal conference or the Department of Labor and Workforce Development determines that an informal conference would be useful and not violative of a request for anonymity, an informal conference shall be scheduled and conducted by the Department of Labor and Workforce Development within 30 days of receipt of the request or appeal. The Department of Health shall be consulted when the matter under review involves a determination from the Department of Health.
4. After considering all views presented, the Commissioner shall affirm, modify, or reverse the determination and furnish the complaining party and the employer written notification of his or her decision and the reasons therefor. The decision of the Commissioner shall be final and not subjected to further review.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.9 - Imminent danger

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as a Compliance Officer concludes, on the basis of an inspection, that conditions or practices exist in any establishment or field site which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by the Act, he or she shall inform the affected employees and employers of the danger. The Compliance Officer shall also inform the affected employees and employers that he or she is recommending a civil action to abate such conditions or practices and for other appropriate relief in accordance with the Act.
(b) Any order issued with respect to an imminent danger may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.10 - Order to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Commissioner determines that an employer has violated a provision of the Act or a safety or health standard or any rules promulgated pursuant to the Act, he or she shall, within 30 days of the completion of inspection processes conducted by the Department of Labor and Workforce Development or receipt of a certification of a violation from the Department of Health, issue to the employer a written Order to Comply, which shall describe:
1. The nature of each violation, including a reference to the provision of the section, standard, regulation or order alleged to have been violated; and
2. An abatement date for each violation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.11 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the time for compliance with an Order to Comply issued pursuant to this section elapses, and the employer has not made a good faith effort to comply, the Commissioner shall issue a second Order to Comply imposing a civil administrative penalty of up to $ 7,000 per day for each violation not abated. Penalties imposed under this section may be recovered with costs in a civil action commenced by the Commissioner by a summary proceeding under The Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. in the Superior Court, county district court, or a municipal court, all of which shall have jurisdiction to enforce the Penalty Enforcement Law in connection with the Act.
1. If the violations are of a continuing nature, each day during which the violation continues after the date given for compliance in the Order to Comply shall constitute an additional separate and distinct offense.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.12 - Contests before the Review Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employer to whom an Order to Comply citing a violation or a penalty has been issued or any employee or employee representative may notify the Commissioner or his or her designee in writing that he intends to contest such order before the Review Commission.
(b) Such notice of intent to contest in (a) above shall be postmarked within 15 working days of the issuance of the Order to Comply.
(c) Every notice of intent to contest shall specify the Order to Comply from which the appeal is taken.
(d) The Commissioner or his or her designee shall immediately transmit such notice to the Review Commission in accordance with the rules of procedure prescribed by the Review Commission.
(e) The review of a notice to contest a determination to delay issuance of an Order to Comply establishing penalties shall be limited to the issue of good faith efforts. The review of a notice of intent to contest a penalty shall be limited to issues of good faith efforts to comply and assessment levels.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 4 - INSPECTIONS, ORDERS TO COMPLY, AND PENALTIES › Section 12:110-4.13 - Informal conferences

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An affected employer, employee or employee representative may request the initiation of a settlement conference for the purpose of discussing issues raised by an Order to Comply or a notice of intent to contest. If a party requests a settlement conference or the Commissioner or his or her designee determines that an informal settlement conference would be useful, a settlement conference shall be scheduled and conducted by the Commissioner or his or her designee within 30 days of the receipt of the request or an appeal.
(b) If the conference is requested by the employer, affected employees and/or an employee representative shall be afforded an opportunity to participate.
(c) If the conference is requested by an employee or employee representative, the employer shall be afforded an opportunity to participate.
(d) Any party may be represented by a relevant third party at such conference.
(e) No such conference or request for such conference shall operate as a stay of any 15-working-day period for filing a notice of intent to contest as prescribed in 12:110-4.1 1 or 4.12.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 5 - RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Section 12:110-5.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes procedural rules for recording and reporting occupational injuries and illnesses of public employees involving work-related deaths, injuries and illnesses, other than minor injuries which require only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or of motion, or transfer to another job.
(b) New Jersey adopted 29 CFR 1904 by reference at N.J.A.C. 12:100-4.2, in the New Jersey Register on September 4, 2001 (33 N.J.R. 2994(a)). All requirements for the recording and reporting of work-related deaths, injuries, and illnesses are at 29 CFR 1904 with the following exceptions:
1. All references to the Secretary of Labor shall be deemed to mean the Commissioner of Labor and Workforce Development of the New Jersey Department of Labor and Workforce Development;
2. All references to OSHA shall be deemed to mean the New Jersey Department of Labor and Workforce Development, Division of Public Safety and Occupational Safety and Health, Office of Public Employees Occupational Safety and Health (PEOSH);
3. All references to OSHA forms 300, 300A and 301 shall be deemed to mean New Jersey Occupational Safety and Health (NJOSH) forms 300, 300A and 301;
4.
										29 CFR 1904 Subpart B-Scope: New Jersey requires all public employers to record and report work-related deaths, injuries, or illnesses as contained in this chapter;
5.
										29 CFR 1904.1, Partial exemption for employers with 10 or fewer employees does not apply to any employer as defined at N.J.A.C. 12:110-2.1.
6.
										29 CFR 1904.2, Partial exemption for establishments in certain industries, does not apply to any employer as defined at N.J.A.C. 12:110-2.1; and
7.
										29 CFR 1904.39: Reporting fatalities and multiple hospitalization incidents must be reported to the Office of Public Employees Occupational Safety and Health (OPEOSH) through the 24-hour hotline number (800) 624-1644, the 24-hour fax line (609) 292-3749, or in person to the OPEOSH at 225 East State Street, 8th Floor West, Trenton, NJ 08625 within eight hours of the occurrence.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes rules of practice for administrative proceedings to grant variances under 34:6A-39.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.2 - Effect of variances

Current through Register Vol. 56, No. 14, July 15, 2024
All variances from a standard which are granted pursuant to 34:6A-39 shall have only future effect. In his discretion, the Commissioner may decline to entertain an application for a variance on a subject or issue when an order has been issued to the employer involved and a proceeding on the order or a related issue concerning a proposed penalty is pending before the Review Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.3 - Notice of a granted variance

Current through Register Vol. 56, No. 14, July 15, 2024
Every final action granting a variance shall specify the alternative to the standard involved which the particular variance permits. Every such final action shall be posted for at least 30 days at the place or places where notices to employees are normally posted. The employer shall provide a copy of the final action to employee representatives.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.4 - Form of documents for variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No particular form is prescribed for applications and other papers which may be filed in proceedings for a variance. Any applications and other papers shall be clearly legible.
(b) An original and two copies of any application or other papers shall be filed. Clear carbon copies or photocopies are acceptable copies.
(c) Each application or other paper which is filed in proceedings for a variance shall be signed by the person filing the same or by his attorney or other authorized representative.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.5 - Temporary variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 34:6A-39, any employer or group of employers, may request a temporary variance from a standard, or provision thereof, by filing a written application containing the information specified in (b) below with the:
Commissioner of Labor and Workforce Development
New Jersey Department of Labor and Workforce Development
PO Box 110
Trenton, New Jersey 08625-0110
(b) An application filed pursuant to (a) above shall include:
1. The name and address of the applicant;
2. The address of the place or places of employment involved;
3. A specification of the standard or portion thereof from which the applicant seeks a temporary variance;
4. A representation by the applicant, supported by representations from qualified persons having first-hand knowledge of the facts represented, that the applicant is unable to comply with the standard or portion thereof by its effective date and a detailed statement of the reasons therefor;
5. A statement of the steps the applicant has taken and will take, with specific dates where appropriate, to protect employees against the hazard covered by the standard;
6. A statement of when the applicant expects to comply with the standard and the steps taken and to be taken, with specific dates where appropriate, to come into compliance with the standards;
7. A statement of the facts and supporting documents, to establish that:
i. The applicant is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date;
ii. The applicant is taking all available steps to safeguard his employees against the hazards covered by the standard; and
iii. The applicant has an effective program for coming into compliance with the standard as quickly as practicable;
8. A certification that the applicant has informed his affected employees of the application by giving a copy thereof to their employee representative, posting the statement, giving a summary of the application and specifying where a copy may be examined, at the place or places where notices to employees are normally posted, and by other appropriate means; and
9. A description of how affected employees have been informed of the application and of their right to appear and be heard at a hearing on the variance application.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.6 - Permanent variance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 34:6A-39, any employer or group of employers, may request a permanent variance and may file a written application containing the information specified in (b) below with the:
Commissioner of Labor and Workforce Development
New Jersey Department of Labor and Workforce Development
PO Box 110
Trenton, New Jersey 08625-0110
(b) An application filed requesting a permanent variance pursuant to (a) above shall include:
1. The name and address of the applicant;
2. The address of the place or places of employment involved;
3. A specification of the standard or portion thereof from which the employer seeks a variance.
4. A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;
5. A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide workplaces which are as safe and healthful as those which would prevail if the standard, from which the variance is being sought, were to be complied with;
6. A certification that the applicant has informed his employees of the application by:
i. Giving a copy of the explanation to their employee representative where one exists;
ii. Posting a statement at the place where notices to employees are normally posted, giving a summary of the application and specifying where a copy may be examined. This notice shall also inform employees of their right to appear and be heard at a hearing on the variance application.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.7 - Modification or revocation of orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An affected employer or an affected employee, group of employees, or employee representative, may apply, in writing, to the Commissioner for a modification or revocation of an order for a permanent variance any time after six months from its issuance. The application shall contain:
1. The name and address of the applicant;
2. Identification of the order from which relief is sought;
3. A description of the relief which is sought;
4. A statement setting forth with particularity the grounds for relief;
5. If the applicant is an employer, a certification that the applicant has informed his or her affected employees of the application by:
i. Giving a copy thereof to their employee representative where one exists;
ii. Posting at the place where notices to employees are normally posted, a statement giving a summary of the application and specifying where a copy of the full application may be examined (or, in lieu of the summary, posting the application itself);
iii. In the event that an employer has an internet site or intranet site for exclusive use by its employees and to which all employees have access, posting of the application on the employer's internet or intranet site shall satisfy the conspicuous posting requirement set forth at (a)5ii above; or
iv. Providing the application to an employee representative through email shall satisfy the requirement at (a)5i above, that the employer give a copy of the application to each affected employee's employee representative where one exists.
6. If the applicant is an affected employee, a certification that a copy of the application has been furnished to the employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 6 - VARIANCES › Section 12:110-6.8 - Action on application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If an application filed pursuant to 12:110-6.5, 6.6 or 6.7 does not conform to the provisions required in the applicable section, the Commissioner may deny the application.
(b) Prompt notice of the denial of an application shall be given to the applicant.
1. A notice of denial shall include, or be accompanied by, a brief statement of the grounds for the denial.
2. A denial of an application pursuant to this section shall be without prejudice to the filing of another application.