reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 13 - INDOOR AIR QUALITY STANDARD › Section 12:100-13.5 - Air quality during renovation and remodeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Renovation work and/or new construction that results in the diffusion of dust, stone and other small particles, toxic gases or other harmful substances in quantities hazardous to health shall be safeguarded by means of local ventilation or other protective devices to ensure the safety of employees. Renovation and/or new construction work in occupied buildings shall be isolated and air contaminants, dust and debris shall be confined to the renovation or construction area by use of measures such as, but not limited to, physical barriers, pressure differentials, and/or performing the work during periods of minimal occupancy.
1. Before re-occupancy, work areas shall be cleaned and aired out as necessary.
2. Hazard information shall be used to select products and to determine necessary measures to be taken to comply with (a) above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 13 - INDOOR AIR QUALITY STANDARD › Section 12:100-13.6 - Recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maintenance schedule shall be updated to show all maintenance performed on the building systems. The schedule shall include the date that such maintenance was performed and the name of the person or company performing the work.
(b) The records required to be maintained by this section shall be retained for at least three years.
(c) The records required to be maintained by this section shall be available on request to Department representatives for examination and copying.
(d) The records required to be maintained by this section shall be made available to employees and employee representatives for examination and copying upon written request as soon as possible after receipt by the employer of the written request, but no later than 10 working days from the date upon which the employer has received the request.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 13 - INDOOR AIR QUALITY STANDARD › Section 12:100-13.7 - Employer's response to a signed PEOSH complaint

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 15 working days of receipt by the employer of notification from the Department that a complaint has been filed against the employer under the Public Employees' Occupational Safety and Health Act, 34:6A-25 et seq., the employer shall respond in writing to the Department. The response may include any combination of the following:
1. A statement that the complaint is unfounded;
2. A description of any remedial action already taken;
3. An outline of any remedial measures planned but not yet taken with a timetable for completion; and/or
4. A statement that a study of the problem, with a timetable for completion of the study, has been initiated.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 13 - INDOOR AIR QUALITY STANDARD › Section 12:100-13.8 - Indoor air quality (IAQ) compliance documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In response to an employee complaint to the Department, the employer shall provide any of the following documents, if available, and requested by the Department:
1. As-built construction documents;
2. HVAC system commissioning reports;
3. HVAC systems testing, adjusting and balancing reports;
4. Operations and maintenance manuals;
5. Water treatment logs; and
6. Operator training materials.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 14 - SHIPYARD EMPLOYMENT › Section 12:100-14.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to shipyard employment safety and health standards adopted by reference.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 14 - SHIPYARD EMPLOYMENT › Section 12:100-14.2 - Adoption by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment, with the amendments published in the Federal Register through November 18, 2009 and any subsequent amendments thereto, are adopted upon publication in the New Jersey Register and are incorporated herein by reference as occupational safety and health standards for the protection of employees engaged in shipyard operations and shall include:
1. Subpart A--General Provisions;
2. Subpart B--Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment;
3. Subpart C--Surface Preparation and Preservation;
4. Subpart D--Welding, Cutting and Heating;
5. Subpart E--Scaffolds, Ladders and Other Working Surfaces;
6. Subpart F--General Working Conditions;
7. Subpart G--Gear and Equipment for Rigging and Materials Handling;
8. Subpart H--Tools and Related Equipment;
9. Subpart I--Personal Protective Equipment (PPE);
10. Subpart J--Ship's Machinery and Piping Systems;
11. Subpart K--Portable, Unfired Pressure Vessels, Drums and Containers, Other than Ship's Equipment;
12. Subpart L--Electrical Machinery;
13. Subpart P--Fire Protection in Shipyard Employment; and
14. Subpart Z--Toxic and Hazardous Substances;
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 14 - SHIPYARD EMPLOYMENT › Section 12:100-14.3 - Compliance with referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 12:100-14.2 shall apply according to the provisions thereof.
(b) Each employer shall protect his or her employees by complying with the standards prescribed in 12:100-14.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 15 - MARINE TERMINALS › Section 12:100-15.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to marine terminal safety and health standards adopted by reference.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 15 - MARINE TERMINALS › Section 12:100-15.2 - Adoption by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 29 CFR Part 1917, Marine Terminals, with the amendments published in the Federal Register through November 18, 2009 and any subsequent amendments thereto, are adopted upon publication in the New Jersey Register and are incorporated herein by reference as occupational safety and health standards for the protection of public employees working within marine terminals and shall include:
1. Subpart A--General Provisions;
2. Subpart B--Marine Terminal Operations;
3. Subpart C--Cargo Handling Gear and Equipment;
4. Subpart D--Specialized Terminals;
5. Subpart E--Personal Protection;
6. Subpart F--Terminal Facilities;
7. Subpart G--Related Terminal Operations and Equipment; and
8. Appendix I to Part 1917 Special Cargo Gear and Container Spreader Test Requirements (Mandatory).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 15 - MARINE TERMINALS › Section 12:100-15.3 - Compliance with referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 12:100-15.2 shall apply according to the provisions thereof.
(b) Each employer shall protect his or her employees by complying with the standards prescribed in 12:100-15.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 16 - LONGSHORING › Section 12:100-16.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to safety and health standards adopted by reference for longshoring operations and related employments.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 16 - LONGSHORING › Section 12:100-16.2 - Adoption by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 29 CFR Part 1918, Safety and Health Regulations for Longshoring, with the amendments published in the Federal Register through November 18, 2009 and any subsequent amendments thereto, are adopted upon publication in the New Jersey Register and are incorporated herein by reference as occupational safety and health standards and shall include:
1. Subpart A--General Provisions;
2. Subpart B--Gear Certification;
3. Subpart C--Gangways and Other Means of Access;
4. Subpart D--Working Surfaces;
5. Subpart E--Opening and Closing Hatches;
6. Subpart F--Vessel's Cargo Handling Gear;
7. Subpart G--Cargo Handling Gear and Equipment Other than Ship's Gear;
8. Subpart H--Handling Cargo;
9. Subpart I--General Working Conditions;
10. Subpart J--Personal Protective Equipment;
11. Appendix I to Part 1918--Cargo Gear Register and Certificates (Non-mandatory);
12. Appendix II to Part 1918--Tables for Selected Miscellaneous Auxilliary Gear (Mandatory);
13. Appendix III to Part 1918--The Mechanics of Conventional Cargo Gear (Non-mandatory);
14. Appendix IV to Part 1918--Special Cargo Gear and Container Spreader Test Requirements (Mandatory); and
15. Appendix V to Part 1918--Basic Elements of a First Aid Training Program (Non-mandatory).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 16 - LONGSHORING › Section 12:100-16.3 - Compliance with referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 12:100-16.2 shall apply according to the provisions thereof.
(b) Each employer shall protect his or her employees by complying with the standards prescribed in 12:100-16.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 17 - GEAR CERTIFICATION › Section 12:100-17.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to standards adopted by reference for accreditation of persons for purposes of certificating vessels cargo gear and shore-based material handling devices and the duties of such persons.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 17 - GEAR CERTIFICATION › Section 12:100-17.2 - Adoption by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 29 CFR Part 1919, Gear Certification, with the amendments published in the Federal Register through November 18, 2009 and any subsequent amendments thereto, are adopted upon publication in the New Jersey Register and are incorporated herein by reference as occupational safety and health standards and shall include:
1. Subpart A--General Provisions;
2. Subpart B--Procedure Governing Accreditation;
3. Subpart C--Duties of Persons Accredited to Certificate Vessels' Cargo Gear;
4. Subpart D--Certification of Vessels' Cargo Gear;
5. Subpart E--Certification of Vessels: Tests and Proof Loads; Heat Treatment; Competent Persons;
6. Subpart F--Accreditation to Certificate Shore-Based Equipment;
7. Subpart G--Duties of Persons Accredited to Certificate Shore-Based Material Handling Devices; and
8. Subpart H--Certification of Shore-Based Material Handling Devices.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 17 - GEAR CERTIFICATION › Section 12:100-17.3 - Compliance with referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 12:100-17.2 shall apply according to the provisions thereof.
(b) Each employer shall protect his or her employees by complying with the standards prescribed in 12:100-17.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 18 - WORKSHOPS/REHABILITATION FACILITIES › Section 12:100-18.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to workshops and rehabilitation facilities assisted by a grant pursuant to section 12 or section 13 of the Vocational Rehabilitation Act Amendments of 1965, 79 Stat. 1284, 1286.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 18 - WORKSHOPS/REHABILITATION FACILITIES › Section 12:100-18.2 - Adoption by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 29 CFR Part 1924, Safety Standards Applicable to Workshops and Rehabilitation Facilities Assisted by Grants, with the amendments published in the Federal Register through November 18, 2009 and any subsequent amendments thereto, are adopted upon publication in the New Jersey Register and are incorporated herein by reference as occupational safety and health standards.
(b) Only standards relating to employee safety and health (that is, substantive rules) are adopted by any incorporation by reference as prescribed in (a) above.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 18 - WORKSHOPS/REHABILITATION FACILITIES › Section 12:100-18.3 - Compliance with referenced standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards contained in 12:100-18.2 shall apply according to the provisions thereof.
(b) Each employer shall protect his or her employees by complying with the standards prescribed in 12:100-18.2.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 19 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:100-19.1 - 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. ACGHI, Threshold Limit Values for Chemical Substances and Physical Agents in the Work Environment (2003 Edition);
2. 29 CFR Part 1910, General Industry Standards;
3. 29 CFR Part 1915, Occupational Safety and Health Standards for Shipyard Employment;
4. 29 CFR Part 1917, Marine Terminals;
5. 29 CFR Part 1918, Safety and Health Regulations for Longshoring;
6. 29 CFR Part 1919, Gear Certification;
7. 29 CFR Part 1924, Safety Standards Applicable to Workshops and Rehabilitation Facilities Assisted by Grants;
8. 29 CFR Part 1926, Construction Industry Standards;
9. 29 CFR Part 1928, Agriculture;
10. IARC, International Agency for Research on Cancer Monographs;
11. NFPA 1971-1986, Protective Clothing for Structural Fire Fighting;
12. NFPA 1972-1987, Helmets for Structural Fire Fighting;
13. NFPA 1973-1988, Gloves for Structural Fire Fighting;
14. NFPA 1974-1987, Protective Footwear for Structural Fire Fighting;
15. NFPA 1975-1985, Station/Work Uniforms for Fire Fighters;
16. NFPA 1981-1987, Open-Circuit Self-Contained Breathing Apparatus for Fire Fighters;
17. NFPA 1982-1988, Personal Alert Safety Systems (PASS) for Fire Fighters;
18. NFPA 1983-1985, Fire Service Life-Safety Rope, Harnesses, and Hardware;
19. NFPA 1901-1991, Pumper Fire Apparatus;
20. NFPA 1902-1991, Initial Attack Fire Apparatus;
21. NFPA 1903-1991, Mobile Water Supply Fire Apparatus;
22. NFPA 1904-1991, Aerial Ladder and Elevating Platform Fire Apparatus;
23. NFPA 1914-1991, Testing Fire Department Aerial Devices;
24. N.J.A.C. 5:23, Uniform Construction Code;
25. N.J.A.C. 7:26, Solid Waste Regulations;
26.
										34:6A-25 et seq., New Jersey Public Employees Occupational Safety and Health Act;
27.
										34:13A-1 et seq., Employer-Employee Relations Act; and
28. NTP, National Toxicology Program Annual Report on Carcinogens (10th Edition).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 19 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:100-19.2 - 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 normal working days:
New Jersey Department of Labor and Workforce Development
Division of Public Safety and Occupational Safety and Health
225 East State Street
Trenton, New Jersey
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 100 - SAFETY AND HEALTH STANDARDS FOR PUBLIC EMPLOYEES › Subchapter 19 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:100-19.3 - 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 N.J.A.C. 12:100-19.1:
ACGIH
American Conference of Governmental Industrial Hygienists
CFR
1330 Kemper Meadow Drive
Cincinnati, OH 45240
ANSI
American National Standards Institute
25 West 43rd Street
New York, New York 10036
CFR
Code of Federal Regulations
Copies available from:
Superintendent of Documents
Government
Publishing Office
732 N. Capitol Street NW
Washington, DC 20401
or
U.S. Government Publishing Office
Government Book Store
Robert Morris Building
100 North 17th Street
Philadelphia, PA
Phone: (215) 636-1900
710 N. Capitol Street NW
Washington, DC 20401
CGA
Compressed Gas Association Inc.
14501 George Carter Way, Suite 103
Chantilly, VA 20150
IARC
International Agency for Research on
Cancer World Health Organization
150 Cours Albert Thomas
69372 Lyon CEDEX08
France
NFPA
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169
NIOSH
National Institute of Occupational Safety and Health
Division of Technical Services
Cincinnati, Ohio 45226
NJAC
New Jersey Administrative Code
Copies available from:
N.J. Department of Labor and Workforce Development
Division of Public Safety and Occupational Safety and Health
PO Box 386
Trenton, NJ 08625-0386
NJSA
New Jersey Statutes Annotated
Copies available from:
Division of Public Safety and Occupational Safety and Health
N.J. Department of Labor and Workforce Development
PO Box 386
Trenton, NJ 08625-0386
NTP
National Toxicology Program
US Department of Health and Human Services
National Institutes of Environmental
Health Sciences
111 T.W. Alexander Drive
Research Triangle Park, NC 27709
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 1 - GENERAL PROVISIONS › Section 12:101-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to implement N.J.S.A. 29:4-9 through 12, which requires, among other things, that hotel employers in the hospitality industry provide hotel employees with panic devices for safety purposes, in order to protect such workers from sexual assault and other violent acts.
(b) This chapter applies to "hotel employers" and "hotel employees."
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 2 - DEFINITIONS › Section 12:101-2.1 - 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 N.J.S.A. 29:4-9 through 12.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his or her designee.
"Department" means the Department of Labor and Workforce Development.
"Guest room" means any room made available by a hotel for overnight occupancy by guests.
"Hotel" means any hotel, inn, boarding house, motel, or other establishment whose proprietor offers and accepts payment for rooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the premises that are let, which contains at least 100 guest rooms.
"Hotel employee" or "employee" means any natural person who works full-time or part-time performing housekeeping or room service duties at a hotel for, or pursuant to, the direction of the hotel employer or any subcontractor of the hotel employer for wages or salary or remuneration of any type pursuant to a contract or subcontract of employment.
"Hotel employer" or "employer" mean any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary staffing agency, employs or exercises control over the wages, hours, or working conditions of any person employed in furtherance of the hotel's provision of lodging and other related services for the public.
"Large font" means at least 14-point font.
"Panic device" means a two-way radio or other electronic device that is kept on an employee's person when the employee is in a guest room, that permits an employee to communicate with, or otherwise effectively summon immediate on-scene assistance from, a security officer, manager or supervisor, or other appropriate hotel staff member.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 3 - PROVISION OF PANIC DEVICE; EMPLOYER RESPONSIBILITIES › Section 12:101-3.1 - Provision and use of panic device

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A hotel employer must provide a panic device to each hotel employee assigned to work in a guest room without any other employees present.
(b) The panic device at (a) above must be provided by the hotel employer at no cost to the hotel employee.
(c) A hotel employee may use the panic device if the employee believes there is an ongoing crime, or immediate threat of assault or harassment, or other emergency in the employee's presence.
(d) The hotel employee must be permitted, without retaliation by the hotel employer, to cease work and leave the immediate area of perceived danger or inappropriate conduct to await the arrival of assistance.
(e) This section shall not apply if the terms of a collective bargaining agreement address the issuance of panic devices to hotel employees or otherwise address safety and reporting procedures for hotel employees working in guest rooms without any other employees present.
(f) Upon a hotel employee activating a panic device, an appropriate staff member of the hotel, manager or supervisor, or security officer shall respond promptly to the location of the hotel employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 3 - PROVISION OF PANIC DEVICE; EMPLOYER RESPONSIBILITIES › Section 12:101-3.2 - Additional safety responsibilities of the hotel employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A hotel employer must do the following:
1. Keep a record of the accusations it receives that a guest has committed an act of violence, including sexual assault, sexual harassment, or other inappropriate conduct toward a hotel employee, and maintain the name of the guest so accused on the list for a period of five years from the date of the incident;
2. Report any incident involving alleged criminal conduct by a guest or other person to the appropriate law enforcement agency, so that the law enforcement agency may make a determination as to whether to pursue criminal charges and cooperate with any investigation undertaken by the law enforcement agency;
3. Notify hotel employees who are assigned to housekeeping or room service duties of the room in which an alleged incident occurred of the presence and location of any guest named on the list pursuant to (a)1 above;
4. Provide hotel employees, other than the hotel employee who activated the panic device, the option of either servicing the guest room of a guest on the list with a partner hotel employee or opting out of servicing the room for the duration of the guest's stay at the hotel;
5. Ensure that the hotel employee who activated the panic device is immediately reassigned to a different work area away from the guest room of the guest for the duration of the guest's stay at the hotel;
6. Develop and maintain a program, which may include written information, to educate hotel employees regarding the use of panic devices and the rights of hotel employees in the event that they activate their devices, and to encourage hotel employees to activate panic devices, when appropriate; and
7. Advise hotel guests using one or both of the following methods that the hotel provides panic devices to hotel employees:
i. Require hotel guests to acknowledge the policy as part of the hotel terms and conditions upon checking in to the hotel; or
ii. Place signs on the interior of guest room doors in a prominent location and in large font, detailing the panic device policy and the rights of hotel employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 4 - ENFORCEMENT; INSPECTION › Section 12:101-4.1 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner and his or her authorized representatives shall enforce and administer the Act and this chapter, and the Commissioner and his or her authorized representatives are empowered to investigate alleged violations of the Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 4 - ENFORCEMENT; INSPECTION › Section 12:101-4.2 - Inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner and his or her authorized representatives are empowered to enter and inspect such places of business, question such employees and investigate such facts, conditions, or matters, as they may deem appropriate to determine whether any person has violated any provision of the Act or this chapter, or which may aid in the enforcement of the provisions of the Act or this chapter, including, but not limited to, demanding production, upon request, by any hotel employer of any or all of the records required to be kept pursuant to the Act or this chapter.
(b) The Commissioner and his or her authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, records, and testimony, and to take depositions and affidavits in any proceeding before the Commissioner.
(c) If a person fails to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter that he or she may be lawfully questioned, it shall be the duty of the Superior Court, on application by the Commissioner, to compel obedience by proceedings for contempt, as in the case of disobedience with the requirements of a subpoena issued from such court or a refusal to testify in such court.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 5 - ADMINISTRATIVE PENALTIES; HEARINGS › Section 12:101-5.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it is determined by the Commissioner that a hotel employer has violated any provision of the Act or this chapter, the Commissioner may assess and collect administrative penalties in the amounts that follow:
1. First violation -- not more than $ 5,000.
2. Second and subsequent violations -- not more than $ 10,000.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 101 - SAFETY STANDARDS FOR HOTEL EMPLOYEES › Subchapter 5 - ADMINISTRATIVE PENALTIES; HEARINGS › Section 12:101-5.2 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Commissioner assesses an administrative penalty pursuant to N.J.A.C. 12:101-5.1, the employer shall have the right to request a hearing pursuant to (b) below.
(b) A request for a formal hearing must be received within 15 calendar days following receipt of the notice of the penalty assessment
(c) No administrative penalty shall be levied pursuant to this chapter, unless the alleged violator is provided with:
1. A notification of the violation;
2. The amount of the penalty to be imposed; and
3. An opportunity to request a formal hearing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to provide reasonable standards for drinking, toilet and washing facilities for seasonal farm workers when working in a field.
(b) This subchapter shall be applicable to all farms subject to 34:9A-37 et seq. when 10 or fewer seasonal farm workers are working in a field.
1. If, at any time during a one-year period from the date of inspection, more than 10 seasonal farm workers have been employed, the Federal Occupational Safety and Health Act (OSHA) standards pursuant to 29 CFR 1928.110, shall be applicable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"Approved" means acceptable to the Commissioner. Any product certified, or classified, or labeled by a nationally recognized testing agency may be deemed to be acceptable, unless specifically banned by order of the Commissioner.
"Central facilities" means drinking, toilet and washing facilities housed at a central location which comply with Federal, State and local regulations and are at least equivalent in all respects to the facilities required by this subchapter.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development of the State of New Jersey or his or her designee.
"Cool" means water which is maintained at a temperature of not more than 60 degrees Fahrenheit.
"Farm operator" means any individual, family member, corporation, partnership, joint venture, firm, company, or other legal entity, or any officers or agents thereof, in immediate possession of any farm as owner or lessee, and, as such, responsible for its management and condition.
"Potable water" means water which has been tested and approved for compliance with the Safe Drinking Water Act, 58:12A-1 et seq.
"Seasonal farm worker" means any person who is engaged in seasonal or temporary farm work and is a term that may be used interchangeably with the terms "migrant laborer" and "temporary farm worker".
"Unreasonable distance" means a travel distance from a working area in a field of more than 500 feet for drinking, toilet and washing facilities.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.3 - Availability of water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An adequate supply of fresh, cool, potable water shall be provided for workers in the working area, except when cool potable water facilities are available to the workers:
1. At a central facility within 500 feet travel distance of the working area in the field; or
2. At a location, separate from a central facility, within 500 feet travel distance of the working area in the field.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.4 - Water containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Portable containers used to dispense drinking water shall be capable of being tightly closed, and shall be equipped with a tap.
(b) Water shall not be dipped from containers.
(c) Any container used to distribute drinking water shall be clearly marked as to the nature of its contents and shall not be used for any other purpose.
(d) The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.
(e) Where single service cups are supplied, a sanitary container for the unused cups and a receptacle for disposing of the used cups shall be provided.
1. Single service cups shall not be used more than once.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.5 - Toilet facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Toilet facilities shall be provided for workers in the working area, except when toilet facilities:
1. Are available to the workers at a central facility within 500 feet travel distance or a five-minute walking time of the working area in the field;
2. Are available to the workers at a location, separate from a central facility, within 500 feet travel distance or a five-minute walking time of the working area in the field; or
3. Are accessible and immediately available to all the workers at all times within five minutes travel time by approved transportation provided by the farm operator.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.6 - Handwashing facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Adequate handwashing facilities shall be provided for workers in the working area and in the vicinity of toilet facilities required by this subchapter, except when handwashing facilities:
1. Are available to the workers at a central facility within 500 feet travel distance of the working area in the field and in the vicinity of toilet facilities required by this subchapter;
2. Are available to the workers at a location, separate from a central facility and in the vicinity of toilet facilities; within 500 feet travel distance or five minutes walking time of the working area in the field; or
3. In the vicinity of toilet facilities are accessible and immediately available to all the workers at all times within five minutes travel time by approved transportation provided by the farm operator.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.7 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with the provisions of this subchapter shall subject the farm operator to a fine pursuant to 34:9A-40.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 102 - SEASONAL FARM WORKERS › Subchapter 1 - FIELD SANITATION › Section 12:102-1.8 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may grant exceptions from this subchapter, provided that it shall be clearly evident that such exception will provide for conditions that are equal to or better than the literal requirements set forth in this subchapter.
(b) Toilet facilities are not required where workers operate mobile equipment, as such workers can carry an adequate supply of potable water on the equipment and are able to travel to toilet and handwashing facilities in accordance with the time-frames set forth at 12:102-1.5 and 1.6.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:105-1.1 - Rules incorporated in arbitration agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules and regulations contained in this chapter shall be deemed a part of an arbitration agreement between parties whenever in their collective bargaining agreements or submissions they have provided for arbitration through the New Jersey State Board of Mediation or under its rules.
(b) This chapter, or any amendments thereof, properly adopted by the board, shall apply in the form obtaining at the time the procedure is instituted.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 1 - GENERAL PROVISIONS › Section 12:105-1.2 - Interpretation and application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The arbitrator shall interpret and apply the rules in this chapter insofar as they relate to his or her powers and duties.
(b) If there is more than one arbitrator and a difference arises among them concerning the meaning or application of any such rules, it shall be decided by a majority vote.
(c) All other rules shall be interpreted by an authorized representative of the board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 2 - INITIATION OF ARBITRATION › Section 12:105-2.1 - Collective bargaining agreement designation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Arbitration proceedings may be instituted in any one of the following methods:
1. Under collective bargaining agreements wherein the board is designated as the agency through which action is to be taken as the final step of the grievance procedure.
2. Either party to such collective bargaining agreement may demand arbitration under the terms of the agreement by sending to the other party and to the board a statement outlining the nature of the dispute and the remedy sought. The statement to the board also should contain a copy of the collective bargaining agreement or of the contract grievance procedure.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 2 - INITIATION OF ARBITRATION › Section 12:105-2.2 - Collective bargaining agreement non-designation

Current through Register Vol. 56, No. 14, July 15, 2024
Request for arbitration may be made by either party under a general arbitration clause in a collective bargaining agreement where the parties have agreed by stipulation or otherwise to arbitrate under the administration and rules of the Board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 2 - INITIATION OF ARBITRATION › Section 12:105-2.3 - Mutual request for arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
Arbitration may also be initiated by the board, whether or not a collective bargaining agreements exists, upon filing a copy of a written agreement by the parties to arbitrate under the rules and regulations of the board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 2 - INITIATION OF ARBITRATION › Section 12:105-2.4 - Expedited arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to written mutual agreement by the parties certain provisions of the arbitration appointment procedure (as prescribed in subchapter 3) may be modified in order to provide the expedited designation of an arbitrator.
(b) The board will endeavor to conform with the wishes of the parties wherever possible.
(c) Upon designation of an arbitrator, all rules and regulations not specifically modified shall remain in force.
(d) Pursuant to written mutual agreement by the parties in disputes where pension and welfare fund payments delinquencies is the sole issue alleged, the moving party may request an expedited designation of an arbitrator by proceeding directly to a "third list" panel (as prescribed in 12:105-3.1 ). The board will notify the employer representative of the claimed dispute and the request for expedited arbitration by certified mail, return receipt requested. Immediately thereafter, the board will proceed in accordance with the provisions of 12:105-3.1(c).
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 2 - INITIATION OF ARBITRATION › Section 12:105-2.5 - Procedural determinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Should questions arise in connection with the request of either party to combine grievances to be heard before the arbitrator, said questions shall be determined by the arbitrator as a threshold issue and in no way will a determination be made by the board.
(b) Should questions arise in connection with arbitrability of a grievance, said questions shall be determined by the arbitrator as a threshold issue and in no way will a determination be made by the board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 3 - APPOINTMENT OF ARBITRATORS › Section 12:105-3.1 - Nomination of arbitrators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) First list:
1. Upon receipt of a Demand or submission for arbitration, the board shall submit simultaneously to the parties an identical list of 10 names chosen from the panel, including a biographical sketch and a per diem fee for each arbitrator.
2. Each party within 10 working days from the date of mailing said lists shall strike those names deemed unacceptable and return said list to the board. Parties may list a preference among those deemed acceptable.
3. The board shall designate as arbitrator a person available from those lists who is acceptable to both parties.
4. If either party objects to the complete list of 10 names as submitted, it may request that the board submit a new list of 10 names.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 3 - APPOINTMENT OF ARBITRATORS › Section 12:105-3.2 - Conflict of interest

Current through Register Vol. 56, No. 14, July 15, 2024
A member of the panel shall not serve as arbitrator in any proceeding if he or she has any financial or personal interest in the result of the arbitration unless the parties, in writing, waive such disqualification.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 3 - APPOINTMENT OF ARBITRATORS › Section 12:105-3.3 - Vacancies

Current through Register Vol. 56, No. 14, July 15, 2024
If after designation any arbitrator resigns, dies, withdraws, refuses or is unable to perform his or her duties, the board shall rescind the appointment and shall fill the vacancy in the same manner as the original appointment (as prescribed in section 1 of this subchapter) and the matter shall be heard in its entirety by the new arbitrator.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.1 - Date, time and place

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An arbitrator, once appointed, shall communicate with the parties and endeavor to make satisfactory arrangements for the date, time and place of the hearing. In the event that satisfactory arrangements cannot be made with the parties, the arbitrator shall have the power to set the date and time.
(b) If satisfactory arrangements cannot be made as to the place of the hearing, the arbitrator may use the offices of the board subject to availability. Arbitrators are required to keep the board informed of arrangements made and of any changes.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.2 - Oath of arbitrator

Current through Register Vol. 56, No. 14, July 15, 2024
Prior to the hearing, arbitrators shall sign an oath of arbitrator. The arbitrator is required to provide the board with a signed oath.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.3 - Submission

Current through Register Vol. 56, No. 14, July 15, 2024
The parties to the arbitration shall sign an original and three copies of the submission form prior to arbitration. The original shall be retained by the board, the arbitrator and the parties to the dispute shall each retain a copy.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.5 - Postponements and adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The postponing of a scheduled hearing or the adjourning of a hearing is entirely within the discretion of the arbitrator.
(b) If either or both of the parties seek a postponement or cancellation with n1 48 hours (two working days) of the time agreed upon for the conduct of a hearing or the continuance of a hearing, the party or parties responsible for the postponement or cancellation shall be liable for payment of the arbitrator's full fee for the cancelled or postponed day.
n1 So in original. Probably should read "within".
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.6 - Representation by counsel

Current through Register Vol. 56, No. 14, July 15, 2024
Any party may be represented at the hearing by counsel, subject to existing state laws, provided that any party intending to be so represented shall notify the other party and the board at least three days prior to the date set for the hearing at which counsel is to first appear. When the initiation of any arbitration is made by counsel or the reply of the other party is given by counsel, such notice is deemed to have been given.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 105 - ARBITRATION › Subchapter 4 - THE HEARING › Section 12:105-4.7 - Taking of stenographic record

Current through Register Vol. 56, No. 14, July 15, 2024
A stenographic record of arbitration proceedings may be taken. Should one of the parties desire to make such a record at its own expense and the other party refuses to share in the cost, it shall not be necessary for the party arranging for such record to supply a copy to the other party, but a copy, if transcribed, shall be sent to the arbitrator.