New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 2 - DEFINITIONS › Section 12:110-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Act" means the New Jersey Public Employees Occupational Safety and Health Act, 34:6A-25 et seq.
"Commissioner" means the Commissioner of the New Jersey Department of Labor and Workforce Development or his or her designee.
"Commissioner of Community Affairs" means the Commissioner of the New Jersey Department of Community Affairs or his or her designee.
"Commissioner of Health " means the Commissioner of the New Jersey Department of Health, or his or her designee.
"Compliance officer" means the person authorized by:
1. The Commissioner of Labor and Workforce Development to conduct safety inspections; or
2. The Commissioner of Health to conduct health inspections.
"Days" means calendar days unless otherwise specified.
"Discrimination" means any act of restraint, interference, or coercion against an employee for exercising his or her rights under the Act and this chapter or for participating in the agency's safety and health program.
"Employee" means any public employee, any person holding a position by appointment or employment in the service of an "employer" as that term is used in the Act and shall include any individual whose work has ceased as a consequence of, or in connection with, any administrative or judicial action instituted under this Act; provided, however, that elected officials, members of boards and commissions and managerial executives as defined in the New Jersey Employer-Employee Relations Act, 34:13A-1 et seq. shall be excluded from the coverage of the Act.
"Employee representative" means a "representative" as that term is defined in the New Jersey Employer-Employee Relations Act, 34:13A-1 et seq.
"Employer" means public employer and shall include any person acting directly on behalf of, or with the knowledge and ratification of:
1. The State, or any department, division, bureau, board, council, agency or authority of the State, except any bistate agency; or
2. Any county, municipality, or any department, division, bureau, board, council, agency or authority of any county or municipality, or any department, division, bureau, board, council, agency or authority of any county or municipality, or of any school district or special purpose district created pursuant to law.
"Establishment" means a single physical location where business is conducted or where services or operations are performed by public employees, such as a regional office, area office, installation or facility.
"Field site" means a single physical location where an employer performs services or operations but does not maintain an office or facility.
"First aid" means any one-time treatment and any follow-up visit for the purpose of observation of minor wounds, scratches, cuts, burns, or splinters, which do not ordinarily require medical care. Such one-time treatment and follow-up visit for the purpose of observation is considered first aid even though provided by a physician or registered professional personnel.
"Imminent danger" means any condition or practice in any workplace which is such that a danger exists which could reasonably be expected to cause death or serious physical harm.
"Inspection" means any on-site visit of an employer's workplace, establishment or field site either to ensure that employers are in compliance with the Act or to investigate reported safety or health incidents where work is performed by an employee.
"Lost workdays" means the number of days (consecutive or not) after, but not including, the day of injury or illness during which the employee would have worked but could not do so; that is, could not perform all or any part of his or her normal assignment during all or any part of the workday or shift, because of the occupational injury or illness.
"Medical treatment" includes treatment administered by a physician or by registered professional personnel under the standing orders of a physician. Medical treatment does not include first aid treatment even though provided by a physician or registered professional person.
"Other than serious" means a hazard, violation or condition which cannot reasonably be predicted to cause death or serious physical harm to exposed employees but does have a direct and immediate impact on an employee's safety or health.
"Recordable occupational injuries or illnesses" are any occupational injuries or illnesses which result in:
1. Fatalities, regardless of the time between the injury and death or the length of the illness; or
2. Lost workday cases, other than fatalities, that result in lost workdays; or
3. Nonfatal cases without lost workdays which result in transfer to another job or termination of employment, or require medical treatment (other than first aid) or involve loss of consciousness or restriction of work or motion. This category also includes any diagnosed occupational illnesses which are reported to the employer but are not classified as fatalities or lost workday cases.
"Regulatory" means a violation of procedural rules or regulations, such as recordkeeping or posting, that would not affect the health or safety of an employee.
"Review Commission" means the Occupational Safety and Health Review Commission created by 34:6A-42. See also N.J.A.C. 12:112.
"Serious" means a hazard, violation or condition evidencing a substantial probability that death or serious physical harm could result.
"Serious injury" means any occupational injury or illness which requires treatment beyond first aid.
"Willful violation" means any situation in which an employer had knowledge of a hazard, condition or practice in an establishment or field site which could reasonably be expected to cause death or serious physical harm and knowingly and intentionally elects not to abate the hazard, condition or practice in accordance with standards encompassed by the Act.