New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 7 - EMPLOYEE AND PUBLIC ACCESS TO INFORMATION › Section 8:59-7.2 - Employer obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every public employer shall establish and
				maintain a central file at its facility in which it shall retain a completed Right
				to Know survey for the facility, appropriate hazardous substance fact sheets and
				material safety data sheets, and the Right to Know Hazardous Substance
				List.
(b) Every public employer shall
				post, on bulletin boards in the facility, readily accessible to employees, a notice
				of the availability of Right to Know Surveys, hazardous substance fact sheets,
				material safety data sheets, and the Right to Know Hazardous Substance List, from
				the employer, from the Department, from the Department of Environmental Protection,
				and from the county health department, county clerk, or designated county lead
				agency. A poster provided by the Department shall be used to meet the requirements
				of this subsection.
(c) A public
				employer, upon request, shall provide an employee whose native language is Spanish
				or employee representative a Spanish translation of a Right to Know survey,
				hazardous substance fact sheet and, if applicable, a material safety data sheet.
				Every employer with employees whose native language is Spanish shall post the notice
				required in (b) above in Spanish.
(d) A
				public employer, upon written request, shall provide an employee or employee
				representative a copy of a Right to Know survey, appropriate hazardous substance
				fact sheets and, if applicable, material safety data sheets, at no cost. This
				information shall be provided as soon as possible but at the latest within five
				working days of the request. For a mixture, a public employer, upon written request,
				shall provide an employee or employee representative a copy of the appropriate
				material safety data sheet.
(e) A public
				employer, upon written request, shall provide an employee or employee representative
				the chemical name of a substance in a container labeled with a common name. This
				information shall be provided as soon as possible but at the latest within five
				working days of the request.
(f) A
				public employer, upon written request, shall provide an employee or employee
				representative the chemical name and CAS number or trade secret registry number of
				all hazardous substances and the five most predominant substances contained in any
				container that is not labeled pursuant to the Act. This information shall be
				provided as soon as possible but at the latest within five working days of the
				request.
(g) Every research and
				development laboratory shall establish a communications program with the local fire
				department, which shall be designed to assist the fire department in adequately
				preparing to respond to emergencies at the research and development
				laboratory.
(h) If a public employer
				cannot supply a hazardous substance fact sheet or the chemical name and CAS number
				of a substance to an employee who requested it, because the employer has not
				received the hazardous substance fact sheet that the employer requested from the
				Department, or does not know the name of the substance or substances constituting
				the components of the product and has reported this to the Department, the public
				employer shall:
1. Inform the employee in writing
				that it has requested and not received the hazardous substance fact sheet from the
				Department, and provide the employee the appropriate material safety data sheet;
				or
2. Inform the employee in writing
				that it has reported to the Department that it does not know the name of the
				substance or substances constituting the components of the product, and provide the
				employee the appropriate material safety data sheet.