reglab/statecodes huggingface dataset:
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 12:110-6.9 - Hearing processes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any application for a temporary variance, renewal of a temporary variance, permanent variance or revocation or modification of a permanent variance shall be transmitted by the Commissioner to the Office of Administrative Law for hearing before an administrative law judge upon his or her determination that:
1. An application conforms to the applicable provisions of 12:110-6.5, 6.6 or 6.7; and
2. Any period for the submission of written argument or comment has closed.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the procedural rules governing a public employee's allegations of discrimination by a public employer or person.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.2 - Employer responsibility and employee rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No employer or person shall discharge, or in any manner discriminate against any employee, because the employee has directly or indirectly:
1. Filed any complaint pursuant to, or related to, the Act with the employer, the Commissioner of Labor and Workforce Development, the Commissioner of Health, or any other State or local agency. Such complaints shall relate to conditions at the workplace as distinguished from complaints touching upon general public safety and health issues;
2. Requested an inspection;
3. Instituted or caused to be instituted any proceeding under or related to the Act including, but not limited to, petitioning for promulgation of an occupational safety or health standard, applying for modification or revocation of a variance, appealing to the Commissioner of Labor and Workforce Development from an element of an Order to Comply or filing a judicial challenge to any standard or Order.
4. Testified or is about to testify in any proceeding under or related to the Act;
5. Made or provided any statement related to safety or health conditions at the workplace in the course of judicial or quasi-judicial, legislative, rulemaking or adjudicative proceedings or during an inspection or investigation of workplace safety or health issues by any public or private body;
6. Participated as a party in enforcement proceeding under the Act;
7. Requested information or advice from the Department of Labor and Workforce Development or the Department of Health; or
8. Exercised on his or her own behalf or on behalf of others any right afforded by the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.3 - Unprotected activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds. The proscriptions of the Act apply when the adverse action occurs because the employee has engaged in protected activities. An employee's engagement in activities protected by the Act does not automatically render him immune from discharge or other adverse action for legitimate reasons, or from adverse action dictated by non-prohibited considerations.
(b) To establish a violation of the Act, the employee's engagement in protected activity need not be the sole consideration behind the discharge or other adverse action. If protected activity was the substantial reason for the action, or if the discharge or other adverse action would not have taken place but for engagement in protected activity, the Act has been violated. Ultimately, the issue as to whether a discharge or other adverse action was because of protected activity shall be determined on the basis of the facts in the particular case.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.4 - Filing of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All complaints to the Commissioner shall be in writing, signed by the person complaining (complainant) or his or her representative and shall include the reason for the complaint and the specific relief requested.
(b) The complaint shall be filed with the Commissioner within 180 days after the employee first had knowledge or should reasonably have known of the alleged discriminatory action.
(c) Upon receipt of the complaint, a designee of the Commissioner shall cause an investigation to be made which initially will consist of a review of the written record.
(d) A party in a complaint may be represented by an attorney or an authorized employee representative.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.5 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The burden of proof in any proceeding under this section shall rest with the employee.
(b) In the absence of any direct evidence of retaliation by the employer for the employee's exercise of protected rights under this Act, a prima facie case must be established by the employee showing that he or she engaged in protected activity, that the employer knew of this activity, that the employer was hostile to the protected conduct and that the employer took the alleged action in retaliation for the exercise of the protected rights.
(c) When dual motives, both retaliation for the exercise of a protected activity and legitimate business motives are asserted for the employer's action, the employee shall first establish that the protected activity was a substantial factor in the employer's disputed action. If this is accomplished, the burden shifts to the employer to establish by a preponderance of evidence that the action occurred for legitimate business reasons and not in retaliation for the protected activity.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.6 - Remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Warnings, reprimands, or derogatory references resulting from the protected activity which may have been placed in the complainant's personnel file shall be expunged.
(b) Reinstatement of the employee, back pay, benefits, seniority and reasonable legal costs may be awarded in any successful appeal.
(c) Back pay shall include unpaid salary, including regular wages, increments and across the board adjustments. Benefits shall include vacation and sick leave credits and additional amounts expended by the employee to maintain his or her health insurance coverage during the period of improper suspension or removal.
1. The award of back pay shall be reduced by the amount of taxes, social security payments, dues, pension payments and any other sums normally withheld.
2. The award of back pay shall be reduced by the amount of money actually earned during the separation. If an employee also held other employment at the time of the adverse action, the earnings from such other employment shall not be deducted from the back pay. However, if the employee increased his or her work hours at the other employment during the back pay period, earnings from such additional hours shall be subtracted from the back pay award.
3. Funds that must be repaid by the employee shall not be considered when calculating back pay.
4. Back pay shall include items such as overtime pay and holiday premium pay.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.7 - Processing of complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days of receipt of the complaint, the Commissioner, or his or her designee, shall make an initial determination based on the information contained therein and upon any personal contact with the complainant, if such had been deemed necessary, to determine whether an adverse action had taken place while the complainant was engaged in a protected activity. Upon the Commissioner's, or his or her designee's, determination that the adverse action appears to have occurred because the complainant engaged in a protected activity, he or she shall provide the complainant and his or her employer with a 20-day period within which to submit written arguments and documentation in support of their position.
(b) Failure by the complainant to provide additional information requested may result in dismissal of the appeal.
(c) Upon closure of the 20 day period, the Commissioner or his or her designee may provide one additional five working day extension of the comment period upon request, with substantial justification, by any one of the parties.
(d) Upon receipt of the written argument and documentation, the Commissioner or his or her designee may, at his discretion, seek additional information or clarification through:
1. A written list of questions to any or all of the parties. The questions and responses will be made available to all parties; and/or
2. On-site interviews, separately or jointly, with any or all of the parties and/or witnesses. Interviews with employees shall be conducted during their regular work hours and they shall receive payment of normal wages for the time spent during the interviews.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.8 - Hearing processes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Commissioner determines that the request for a hearing was timely filed, he or she shall transmit the matter to the Office of Administrative Law for hearing before an administrative law judge. See N.J.A.C. 1:1 for Office of Administrative Law hearing procedures.
(b) At the request of the employer, employee or employee representative, or on his own motion, the Commissioner may hold an informal conference for the purpose of attempting to effectuate a settlement of any or all of the issues. All parties shall be afforded an opportunity to participate in any such conference.
(c) The Commissioner may adopt, reject or modify the recommended report and decision of the administrative law judge and shall issue his or her final determination not more than 45 days after the hearing report is issued.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.9 - Refusal to work

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Act does not afford employees the right to walk off the job because of potential unsafe conditions at the workplace.
(b) If hazardous conditions that may be violative of the Act are not corrected by the employer once brought to his or her attention or if there is dispute about the existence of a hazard, the employee shall have the opportunity to request inspection of the workplace, or to seek the assistance of other public agencies that have responsibility in the field of safety and health. The employer shall permit the employee to contact the Department of Labor and Workforce Development, the Department of Health, or other appropriate public agency during regular work hours with no loss in wages to report such conditions.
(c) An employer would not ordinarily be in violation of the Act by taking action to discipline an employee for refusing to perform normal job activities because of alleged safety and health hazards. However, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself or herself to an imminent danger of serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses, in good faith, to expose himself or herself to the imminent danger, and he or she believes that a subsequent discharge, discipline, or other employer discrimination activity results from this refusal, he or she may file a discrimination complaint with the Commissioner of Labor and Workforce Development in the manner prescribed in this section.
1. The condition causing the employee's apprehension of death or injury shall be of such a nature that a reasonable person under the circumstances then confronting the employee, would conclude that there was an imminent danger of death or serious injury and that there was insufficient time, due to the imminency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.
2. The employee, where possible, shall also have sought from his or her employer, and been unable to obtain a correction of the imminent danger. If the employee requests time and the use of an employer communication system to contact the Department of Labor and Workforce Development or the Department of Health to report the perceived imminent danger prior to performing the assignment, the employer shall not deny the request.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 7 - DISCRIMINATION AGAINST EMPLOYEES › Section 12:110-7.10 - Employee refusal to comply with rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees who refuse to comply with occupational safety and health standards or valid safety or health rules implemented by the employer in furtherance of the Act are not considered to be exercising any rights afforded by the Act.
(b) Disciplinary measures taken by employers solely in response to employee refusal to comply with appropriate safety rules, shall not be regarded as discriminatory actions prohibited by the Act. This situation shall be distinguished from refusals to work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.1 - Scope subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets forth the requirements for the establishment of a consultation program for public employers.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.2 - Goal and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner and the Commissioner of Health may make available to public employers a method to assist employers and employees in reducing and eliminating occupational safety and health hazards through non-enforceable On-Site Consultation initiatives.
(b) The service shall be made available at no cost to public employers to assist them in establishing effective occupational safety and health programs for providing employment and places of employment that are safe and healthful. The overall goal is to prevent the occurrence of injuries and illnesses which may result from exposure to hazardous workplace conditions and from hazardous work practices.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.3 - Employer obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During a consultation, the employer shall:
1. Take immediate steps to eliminate employee exposure to imminent danger conditions;
2. Abate all serious hazards identified on or before mutually agreed upon abatement dates;
3. Allow consultants to confer with individual employees and employee representatives during the course of the visit in order to identify and judge the nature and extent of particular hazards within the scope of the request; and
4. Agree to (a)1, 2 and 3 above before the visit proceeds.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.4 - Employee participation

Current through Register Vol. 56, No. 14, July 15, 2024
Employees, employee representatives and members of any workplace safety and health committee shall be encouraged to participate in the on-site consultation, to the extent feasible, as determined by the employer. In the opening conference, the consultant shall encourage the employer to allow employee participation to the fullest extent practicable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.5 - Request and scheduling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Labor and Workforce Development shall determine appropriate mechanisms to promote the availability of consultation programs.
(b) Consultation activity shall be provided only at the request of the employer.
(c) Employers requesting consultation shall be encouraged to include within the scope of the request all working conditions at the establishment or field site and the employer's entire safety and health program. Employers may specify a limited scope for the visit by indicating working conditions, hazards or situations on which consultation will be focused. When limited scope requests are received, the consultant shall limit review and provide assistance only with respect to those working conditions, hazards or situations specified; except that if the consultant observes, during the course of the visit, hazards which are outside the scope of the request, the consultant shall treat such hazards as though they were within the scope of the request.
(d) Priority shall be assigned to requests from the most hazardous operations.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.6 - Conduct of a visit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the visit, the consultant may obtain from the employer safety and health related documents which he or she deems necessary regarding employer establishments or operations which are encompassed by the consultation request.
(b) An initial on-site visit shall consist of:
1. An opening conference in which the scope of consultation activities and an agreement to abate hazards by mutually agreed upon dates shall be established;
2. An examination of at least those aspects of the employer's safety and health program which relate to the scope of the visit;
3. An inspection and evaluation of the workplace; and
4. A closing conference during which findings shall be reviewed and specific abatement dates established.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.7 - Relationship to enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Consultations shall be conducted independent of any PEOSH enforcement activity. The discovery of hazards shall not result in citations or penalties. Hazards shall only be reported to the PEOSH enforcement authority if they are not abated by the mutually agreed upon dates or extensions.
(b) An enforcement inspection shall not take place while an on-site consultation activity is in progress at an establishment or field site unless such inspection is required to investigate:
1. A fatality or serious injury;
2. A complaint requiring an enforcement inspection; or
3. A matter deemed critical by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 8 - ON-SITE CONSULTATION › Section 12:110-8.8 - Effect upon enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless offered by the employer, a consultant's written report shall not be considered by the enforcement officer in a subsequent enforcement inspection. If offered by the employer, such report shall not be binding on the enforcement officer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:110-9.1 - Documents referred to by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The full title and edition of each of the standards or publications referred to in this chapter are as follows:
1.
										34:6A-25 et seq., 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 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:110-9.2 - Availability of documents for inspection

Current through Register Vol. 56, No. 14, July 15, 2024
A copy of each of the standards and publications referred to in this chapter is on file and may be inspected at the following office of the Division of Public Safety and Occupational Safety and Health between the hours of 9:00 A.M. and 4:00 P.M. on regular working days:
New Jersey Department of Labor and Workforce Development
Division of Public Safety and Occupational Safety and Health
John Fitch Plaza
Trenton, New Jersey 08625
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:110-9.3 - Availability of documents from issuing organization

Current through Register Vol. 56, No. 14, July 15, 2024
Copies of the standards and publications referred to in this chapter may be obtained from the organizations listed below. The abbreviations preceding these standards and publications have the following meaning and are the organizations issuing the standards and publications listed in 12:110-9.1
N.J.S.A. New Jersey Statutes Annotated
Copies available from:
Division of Public Safety and Occupational Safety and Health
New Jersey Department of Labor and Workforce Development
PO Box 386
Trenton, New Jersey 08625-0386
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to set forth the appeal procedures of the New Jersey Public Employees Occupational Safety and Health Review Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall govern all matters, including uncontested cases, before the Review Commission. Contested cases transmitted to the Office of Administrative Law shall be governed by N.J.A.C. 1:1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.3 - 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.
"Chairperson" means the Review Commission member designated by the Governor to serve as chairperson.
"Commissioner" means the Commissioner of the New Jersey Department of Labor and Workforce Development or his or her designee.
"Complainant" means the employer, employee or employee representative who has filed a Notice of Contest.
"Day" means a calendar day.
"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 bi-state agency; or
2. Any county, municipality, or any department, division, bureau, board, council, agency or authority of any county or municipality, or of any school district or special purposes district created pursuant to law.
"Non-party" means a person or entity who participates in the Review Commission proceeding as a witness or in amicus curiae capacity.
"Notice" means Notice of Contest.
"Order to comply" means a written directive issued by the Commissioner to an employer as set forth in 34:6A-41.
"Party" means either the complainant who is the employer, employee or employee representative who has filed a Notice of Contest with the Commissioner or the Commissioner who is the respondent.
"Proceeding" means any proceeding before the Review Commission.
"Review Commission" means the Occupational Safety and Health Review Commission created by 34:6A-42.
"Working day" means any Monday through Friday but shall not include Saturday, Sunday, any Federal holiday or any State holiday. In computing 15 working days, the day of receipt of any notice shall not be included.
"Workplace" means a place where public employees are assigned to work.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.4 - Computation of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing any period of time prescribed or allowed in this chapter, the day from which the designated period begins to run shall not be included.
(b) The last day of the period so computed shall be included unless it is a Saturday, Sunday, Federal holiday, or State holiday in which event the period runs until the end of the next day which is not a Saturday, Sunday, Federal holiday, or State holiday.
(c) When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, Federal holidays and State holidays shall be excluded in the computation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.5 - Extension of time

Current through Register Vol. 56, No. 14, July 15, 2024
Requests for extensions of time for the filing of any document shall be in writing, addressed to the Chairperson of the Review Commission and received in advance of the date on which the document is due to be filed. Extensions of time shall be honored for good cause.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.6 - Address of record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The initial document filed by any party or non-party shall contain his or her name, address, and telephone number. Any change in such information shall be communicated promptly in writing to the Review Commission and to all other parties and non-parties.
(b) A party or non-party who fails to furnish such information shall be deemed to have waived his or her right to notice and service under this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.7 - Service and notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of filing documents, a copy shall be served by the filing party on every other party or non-party.
(b) Service upon a party or non-party who has appeared through a representative shall be made only upon such representative.
(c) Unless otherwise ordered, service may be accomplished by first class mail, by personal delivery or by electronic communication. Service is deemed effected at the time of mailing, at the time of personal delivery or at the time of electronic transmittal.
(d) Proof of service shall be accomplished by a written statement of the same which sets forth the date and manner of service. Such statement shall be filed with the document.
(e) When the complainant is an employer, the employer shall immediately post a copy of the Notice of Contest, where the written order to comply is required to be posted or, a notice in the following form:
(Name of employer)
This employer has been cited by the Commissioner of Labor and Workforce Development for violation of the Public Employees Occupational Safety and Health Act, 34:6A-25 et seq. The written order to comply has been contested and will be reviewed by the Occupational Safety and Health Review Commission.
(f) When the complainant is an employee or an employee representative, he or she shall serve a copy of the Notice of Contest on the employer at the time of transmittal to the Commissioner.
(g) When a Notice of Contest is scheduled for consideration by the Review Commission, a copy of the notice of the meeting of the Review Commission shall be posted by the employer at or near the place where the written order to comply is required to be posted.
(h) Where posting is required by this section, such posting shall be maintained until the commencement of the meeting or until earlier disposition.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.8 - Filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the assignment of a case to the Review Commission, all papers shall be filed with the Commissioner at PO Box 386, Trenton, New Jersey 08625-0386. Subsequent to the assignment of the case to the Review Commission, and before the issuance of its decision, all papers shall be filed with the Review Commission at the above address. Subsequent to the issuance of the decision of the Review Commission, all papers shall be filed with the Chairperson.
(b) Unless otherwise authorized, all filing shall be accomplished by first class mail.
(c) Filing is deemed effected at the time of mailing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.9 - Consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
Cases may be consolidated upon the motion of the Chairperson or the Review Commission or upon the motion of any party, where there exist common parties, common questions of law or fact, or both, or in such other circumstances as the administration of the Act require.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 12:112-1.10 - Severance

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the motion of the Chairperson or the Review Commission, or upon the motion of any party, the Chairperson or the Review Commission may, for good cause, order any proceeding severed with respect to some or all issues or parties.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 2 - PARTICIPATION IN MATTERS BEFORE THE REVIEW COMMISSION › Section 12:112-2.1 - Non-party participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition for a non-party to participate as a witness or in an amicus curiae capacity shall be filed at least 10 days before the commencement of the meeting of the Review Commission.
(b) The petition shall set forth the interest of the non-party in the matter before the Review Commission and show that the participation of the non-party will assist in the determination of the issues in question and that the participation of the non-party will not unnecessarily cause delay.
(c) The Chairperson or the Review Commission may grant a petition for participation of a non-party to such an extent and upon such terms as the Chairperson or the Review Commission determines.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 2 - PARTICIPATION IN MATTERS BEFORE THE REVIEW COMMISSION › Section 12:112-2.2 - Party and non-party representatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a meeting is held, any party or non-party may appear in person or through a representative.
(b) A representative of a party or non-party shall be deemed to control all matters respecting the interest of such party or non-party in the matter before the Review Commission.
(c) Nothing contained herein shall be construed to require any representative to be an attorney at law.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 2 - PARTICIPATION IN MATTERS BEFORE THE REVIEW COMMISSION › Section 12:112-2.3 - Appearances of parties and non-parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A representative of a party or non-party shall indicate such by signing the first document filed on behalf of the party or non-party in accordance with (b) below, or thereafter by filing a notice of representation in accordance with (c) below.
(b) If the first document filed on behalf of a party or non-party is signed by a representative, the representative shall be recognized as representing that party or non-party. No separate notice of representation is necessary.
(c) Where a representative has not previously appeared on behalf of a party or non-party, he or she shall file a notice of representation with the Chairperson. The notice of representation shall be signed by the representative.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 2 - PARTICIPATION IN MATTERS BEFORE THE REVIEW COMMISSION › Section 12:112-2.4 - Conduct of parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All representatives appearing before the Review Commission shall comply with the letter and spirit of ethical conduct.
(b) If an attorney or other representative practicing before the Review Commission engages in unethical or unprofessional conduct or fails to comply with any rule or order of the Review Commission, the Review Commission may, after reasonable notice and an opportunity to show cause to the contrary, take any appropriate disciplinary action, including suspension or disbarment from practice before the Review Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 2 - PARTICIPATION IN MATTERS BEFORE THE REVIEW COMMISSION › Section 12:112-2.5 - Withdrawals of parties and non-parties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any counsel or representative of record desiring to withdraw his or her representation shall file a motion with the Chairperson or the Review Commission requesting leave therefor, and showing that prior notice of the motion has been given by him or her to his or her client or counsel or representative, as the case may be.
(b) The motion of counsel or representative to withdraw may, in the discretion of the Review Commission, be denied where it is necessary to avoid undue delay or prejudice to the rights of a party.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 3 - NOTICES AND MOTIONS › Section 12:112-3.1 - Title of cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cases initiated by a Notice of Contest shall be titled:
(Name of Contestant), Complainant versus Commissioner of Labor, Respondent.
(b) The titles listed in (a) above shall appear at the left upper portion of the initial page of any document filed.
(c) The initial page of any document shall show, at the upper right of the page, opposite the title, the docket number, if known, assigned by the Review Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 3 - NOTICES AND MOTIONS › Section 12:112-3.2 - Signing of motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Motions shall be signed by the filing party or non-party or their representative. The signature of a representative constitutes a representation by him or her that he or she is authorized to represent the party or non-party on whose behalf the action is filed.
(b) The signature of a representative, party or non-party also constitutes a certification that he or she has read the motion, or other paper, that to the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is arranged by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 3 - NOTICES AND MOTIONS › Section 12:112-3.3 - Notices of Contest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Immediately upon receipt of notification that the complainant contests the written order to comply issued under the Act, the Commissioner shall notify the Review Commission of the receipt in writing and shall promptly furnish to the Chairperson of the Review Commission copies of any documents or records filed by the complainant and copies of all other documents or records relevant to the contest.
(b) The complainant at the time of the filing of the Notice shall provide detailed reasons for filing the Notice of Contest of an order to comply and the specific relief requested. Further, the Notice shall be accompanied by a copy of the order to comply at issue.
(c) The complainant shall provide, within the time frame specified, additional information that is requested by the Chairperson or the Review Commission.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE › Subchapter 3 - NOTICES AND MOTIONS › Section 12:112-3.4 - Failure to obey rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When any party, non-party or representative has failed to proceed as provided by these rules or as required by the Chairperson or the Review Commission, he or she may be declared to be in default either:
1. On the initiative of the Chairperson or the Review Commission, after having been afforded an opportunity to show cause why he or she should not be declared to be in default; or
2. On the motion of a party, non-party or representative.
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 12:112-4.1 - Method of review

Current through Register Vol. 56, No. 14, July 15, 2024
Within 20 days of receipt of the Notice, the Chairperson of the Review Commission shall determine whether a Notice was timely filed. If so, the Review Commission shall determine whether a review and decision shall be rendered on a written record or whether resolution can only be obtained at a hearing. Normally, a hearing shall be required only where the Review Commission finds that a material and controlling dispute of fact exists.
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 12:112-4.2 - Written record review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Review Commission determines that a matter shall be decided on the written record, it shall provide the parties with a 20-day period to submit written arguments and documentation in support of their position.
(b) All arguments and documentation submitted by a party shall be simultaneously served on all other parties. Evidence of such service shall be provided by the party making the submission.
(c) Failure by the complainant to provide additional information requested may result in the Review Commission's dismissal of the appeal.
(d) Upon closure of the 20-day period, one additional five working day extension of the comment period may be provided at the request of any one of the parties. Substantial justification shall be required to obtain such extension.
(e) Any party or non-party may review the file at the Division of Public Safety and Occupational Safety and Health, Department of Labor and Workforce Development, during regular business hours.
(f) The Review Commission shall render and notify all parties of its final determination within a reasonable time period.
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 12:112-4.3 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
The burden of proof in any proceeding before the Review Commission shall rest with the party filing the Notice of Contest.
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 12:112-4.4 - Stay and interim relief requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing of a Notice, a party, non-party, or representative may petition the Chairperson for a stay or other relief pending final decision of the matter.
(b) A request for stay or interim relief shall be in writing, signed by the petitioner or his or her representative and shall include detailed supporting information for the request.
(c) The following factors shall be considered in reviewing such requests:
1. Clear likelihood of success on the merits by the petitioners;
2. Danger of immediate or irreparable harm if the request is not granted;
3. Likelihood of substantial injury to employees or others if the request was not granted; and
4. The public interest.
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 12:112-4.5 - Reconsiderations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party, non-party, or representative may petition the Review Commission for reconsideration of any decision that it renders.
(b) A petition for reconsideration shall be in writing signed by the petitioner, or his or her representative, and shall show the following:
1. The new evidence or additional information not presented at the original proceeding which would change the outcome and the reasons that such evidence was not presented at the original proceeding; or
2. That a clear material error has occurred.
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 12:112-4.6 - Settlements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the request of any party, or on its own motion, the Review Commission may cause an informal conference to be held for the purpose of attempting to effectuate a settlement of any or all of the issues. All parties shall be afforded an opportunity to participate in any such conference.
(b) Settlement agreements shall be in writing and specify the terms of settlement for each contested issue and specify any issues that remain undecided. Unless the settlement agreement states otherwise, the withdrawal of a Notice of Contest or issue that remains to be decided shall be with prejudice.
(c) A settlement agreement submitted for approval shall be filed with the Chairperson. Proof of service, in the manner prescribed in 12:112-1.7, upon all parties shall be filed with the settlement agreement. The parties in a case shall file a final consent order for adoption by the Review Commission.
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 12:112-4.7 - Adjournment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adjournments shall be granted only in exceptional situations which could not have been reasonably foreseen or prevented.
(b) All parties requesting an adjournment shall be responsible for giving prompt notice to their witnesses as to the adjournment.