reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.7 - License performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensee shall
				ensure that all asbestos work performed conforms to those license performance
				standards as identified at
N.J.A.C.
				12:120-4.4(a)3  and
				8:60-4.4(a)3,
				including, but not limited to, the following:
1. Accepted engineering practices which protect
				human health and the environment;
2.
				Compliance with 40 C.F.R. Part 61, National Emission Standards for Hazardous Air
				Pollutants, Subparts A and M;
3.
				Compliance with
N.J.A.C. 7:26
, Solid and Hazardous Waste
				Regulations; and
4. Compliance with
				N.J.A.C. 5:23-8, Asbestos Hazard Abatement Subcode of the Uniform Construction Code
				in educational facilities and public buildings as defined at
				5:23-8.2.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.8 - Suspension or revocation of employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any employer may
				have his license suspended or revoked for:
1.
				Incompetence;
2. Negligence;
3. Failure to comply with contract specifications;
				or
4. Any violation of the Asbestos
				Control and Licensing Act,
				34:5A-32 et seq. or this
				chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 4 - LICENSING OF EMPLOYERS › Section 8:60-4.9 - Renewal of employer license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application for
				renewal of a license shall be submitted at least 30 days prior to the date of
				expiration. When the application for renewal of a license is submitted within the
				required time period, the license may continue in effect until the Commissioner
				renders a determination regarding the application.
(b) The license shall be renewed
				annually.
(c) The application fee for
				renewal of a license shall be the same as the application fee charged for an initial
				license under 12:120-4.3(h)  and
				8:60-4.3(h).
(d) The application fee for renewal of a license
				shall accompany the application and is non-refundable.
(e) The application fee for renewal of a license
				shall be paid by certified check or money order made payable to the Commissioner of
				Labor and Workforce Development.
(f) No
				liability shall be assumed by the Division of Public Safety and Occupational Safety
				and Health and Standards for loss in transmission of the application fee for renewal
				of a license.
(g) An application for
				renewal of a license shall not be approved until all outstanding penalties lawfully
				imposed on the applicant under the Act or this chapter have been paid.
(h) An application for renewal of a license that
				has expired shall be treated as an original application.
(i) The replacement cost of a license which has
				been altered, defaced, mutilated, or lost shall be the same as the fee charged for
				the issuance of a duplicate license under
				12:120-4.3(h)  and
				8:60-4.3(h).
				Replacement shall be made only after review by the Commissioner.
(j) Photostats, photographs, or reproductions of a
				license shall have no status and shall not be recognized.
(k) In all cases where the Commissioner refuses to
				renew a license, the employer shall have the right to an informal conference or
				formal hearing, or both, pursuant to N.J.A.C. 12:120-8.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to each person applying for or
				  renewing either an asbestos worker permit or an asbestos supervisor permit.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.2 - Exempted activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner of Health may exempt from the
				permit requirements those designated asbestos-activities based on sufficient data
				which indicates that no significant exposure exists to perform such activity. Such
				data shall be submitted to the Commissioner of Health for review at least 10
				calendar days prior to the beginning of such work.
(b) These exempted activities shall involve
				non-friable asbestos containing material that is not rendered friable by the
				activity.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.3 - Requirements for obtaining an asbestos worker or an asbestos supervisor permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The Commissioner shall issue a permit to each applicant who satisfies the
				requirements listed below. The applicant shall:
1.
				Be at least 18 years of age;
2.
				Successfully complete either the asbestos abatement worker or asbestos abatement
				supervisor training course approved by the Department of Health and pass a written
				examination devised and administered under the approval of the Department of Health
				for each respective position.
i. Proof of passing
				the written examination shall be submitted with the permit application;
				and
3. Complete the permit
				application, a copy of which may be obtained from the Department of Labor and
				Workforce Development.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.4 - Procedures for completing training course and examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant
				required by this subchapter to complete asbestos training shall register at a
				training agency that has been certified by the New Jersey Department of Health to
				offer such training. A list of certified training agencies is available from the
				Department of Health.
1. The topics for worker
				training are set forth at
N.J.A.C.
				12:120-6.2
and
6.6
and
				8:60-6.2 and
6.6
;
2.
				The topics for supervisor training are set forth at
N.J.A.C.
				12:120-6.2
and
6.7
and
				8:60-6.2 and
6.7
; and
3. Upon successful completion of the training
				course, all applicants shall complete an "Asbestos Trainee Evaluation" form
				(ASB-24).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.5 - Procedures for completing permit application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for a
				permit shall complete an application which can be obtained from the Division of
				Public Safety and Occupational Safety and Health.
(b) Each applicant shall provide the following to
				the Division of Public Safety and Occupational Safety and Health:
1. Name, address, date of birth, age, sex, height,
				weight, eye color, driver's license number, and telephone number;
2. The name and location of the course where the
				applicant has successfully completed asbestos training, the date of completion, and
				number of hours of training;
i. The applicant
				shall submit to the Division of Public Safety and Occupational Safety and Health
				documentation that indicates successful completion of the asbestos training course
				with the application for permit.
ii. The
				applicant shall submit proof of passing the written examination.
3. Two recent, identical passport-size
				color photographs taken against a white background or backdrop with the applicant's
				face being not less than three quarters of an inch in width. The applicant shall not
				wear a hat, glasses or any other item which may alter or disguise the overall
				features of the face in the photographs; and
i.
				The applicant shall legibly print his or her name on the back of both photographs
				submitted.
ii. The applicant shall
				attach one passport size color photograph in the space provided on the
				application.
4. The name and
				address of the applicant's present employer, the applicant's position with the
				employer and the date employment commenced.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.6 - Length of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permit issued
				by the Commissioner shall be valid for one year from the date of issuance.
(b) A permit shall be automatically cancelled on
				the date of its expiration.
(c) Any
				person performing asbestos work requiring a permit under the Act or this chapter who
				performs such work while holding an expired permit shall be subject to the penalty
				provisions of the Act.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.7 - Contents of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each permit for an
				asbestos worker or asbestos supervisor shall be issued in writing, signed by the
				Commissioner of Labor and Workforce Development, and shall contain:
1. The date of issuance;
2. The expiration date;
3. The name and address of the worker or
				supervisor to whom it is issued; and
4.
				The worker's or supervisor's unique identification number supplied by the Department
				of Labor and Workforce Development.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.8 - Identification of permit holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each worker or
				supervisor performing asbestos work shall have their permits available at the job
				site and readily available for inspection by representatives of the Commissioners of
				the Department of Labor and Workforce Development and Health and of the contracting
				agency.
(b) Tampered with, altered, or
				defaced permits shall be void.
(c) Any
				photostats, photographs, or reproductions of a permit shall be invalid.
(d) Any worker or supervisor who loses his or her
				permit or has it stolen shall immediately notify the Division of Public Safety and
				Occupational Safety and Health in writing.
(e) An altered, defaced, mutilated, lost, or
				stolen permit may be replaced upon written request and a review of the circumstances
				by the Commissioner.
(f) A request for a
				replacement or duplicate permit shall be notarized and include:
1. The name, address and date of birth of the
				permit holder;
2. The worker's or
				supervisor's unique identification number;
3. The circumstances surrounding the loss of the
				permit, including when, where and how the permit was altered, defaced or mutilated,
				lost or stolen; and
4. The altered,
				defaced, or mutilated permit, if applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.9 - Suspension and revocation of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner may
				suspend or revoke any permit for the following reasons:
1. The worker or supervisor is incompetent to
				perform asbestos work;
2. The worker or
				supervisor is negligent in performing asbestos work; and/or
3. The worker or supervisor loans the permit,
				abandons the permit, or allows it to pass from his or her possession.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 5 - REQUIREMENTS AND PROCEDURES FOR OBTAINING AN ASBESTOS WORKER OR AN ASBESTOS SUPERVISOR PERMIT › Section 8:60-5.10 - Renewal of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for renewal of a permit shall
				be submitted at least 30 days prior to its expiration date. When the application for
				renewal is submitted within the required time period, the permit may continue in
				effect until the Commissioner renders a determination regarding the application. The
				applicant shall be notified in writing by the Department whether a valid extension
				has been granted. This validation together with the expired permit shall be carried
				upon the worker's person and be readily available for inspection by representatives
				of the Commissioners of the Departments of Labor and Workforce Development and
				Health and the contracting agency.
(b)
				The Commissioner shall renew a worker or supervisor permit if the renewal applicant
				has:
1. Completed an application as set forth at
				12:120-5.5 and
				8:60-5.5 within one year of the
				expiration date of the expired permit;
2. Provided evidence of refresher training
				pursuant to 12:120-6.8 and
				8:60-6.8; and
i. Permit holders whose permits expire on or after
				October 1, 1990 shall submit proof of refresher training.
3. Paid all penalties lawfully imposed on the
				renewal applicant under the Act and this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the procedures and qualifications
				  required to obtain and maintain or renew certification from the Commissioner of
				  Health to conduct training courses on asbestos abatement as provided for in the Act.
				  At a minimum, training courses shall meet the following requirements as set forth in
				  this subchapter or
40 CFR 763
, "Asbestos Model Accreditation Plan;
				  Interim Final Rule," whichever is more stringent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.2 - Types of courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The asbestos
				abatement worker training course shall be presented over four days and shall include
				a minimum of 28 hours of training, of which a minimum of 14 hours shall be dedicated
				to the conduct of hands-on training. The topics which shall be presented are set
				forth at 12:120-6.6 and
				8:60-6.6.
(b) The asbestos abatement contractor/supervisor
				training course shall be presented over five days and shall include a minimum of 35
				hours of training, of which a minimum of 14 hours shall be dedicated to the conduct
				of hands-on training. The topics which shall be presented are set forth at
				12:120-6.7 and
				8:60-6.7.
(c) Annual refresher training for asbestos workers
				shall be at least seven hours. Annual refresher training for asbestos supervisors
				shall be at least eight hours. The items required to be presented during refresher
				training are set forth at
				12:120-6.8 and
				8:60-6.8.
(d) The hour requirements listed in (a) through
				(c) above shall be exclusive of lunch and break times.
(e) Demonstrations not involving individual
				participation shall not be considered hands-on training.
(f) Initial and refresher training courses for
				both disciplines shall be specific to a single discipline and shall not be combined
				with training for other disciplines.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.4 - Training agency operating requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certified training
				agencies shall have the burden of demonstrating compliance, or the ability to
				comply, with the requirements of this subchapter.
(b) Certified training agencies shall have access
				to sufficient classrooms, off-site demonstration facilities, equipment, materials
				and instructors to ensure that adequate training courses meeting the requirements of
				this subchapter can be conducted.
(c)
				Certified training agencies shall use any training materials, examinations, forms,
				questionnaires, surveys, informational or audiovisual aids which may be required by
				the Department of Health and Senior Services.
(d) Certified training agencies shall ensure that
				at least one course instructor represents them at any meeting sponsored by the
				Department of Health for the purpose of maintaining uniform and high quality
				training courses among certificants.
(e)
				Certified training agencies shall limit class size to 25 students for initial
				training courses.
(f) Certified training
				agencies shall limit class size to 30 students for refresher training
				courses.
(g) All certified training
				agencies shall notify the Department of Health at least two weeks in advance of the
				beginning of any training course. All notifications shall be in writing and shall be
				submitted on forms provided by the Department of Health . If any course information
				changes, the training agency shall notify the Department of Health as soon as that
				agency becomes aware of such changes.
(h) Certified training agencies shall ensure that
				all refresher trainees have met the requirements for obtaining a New Jersey permit
				as outlined at 12:120-5.3 and
				8:60-5.3. Certificates of completion
				shall be issued only to those individuals who have met these requirements and have
				successfully completed the refresher course.
(i) Certified training agencies shall submit
				instructor documentation meeting the requirements of
N.J.A.C.
				12:120-6.5
and
8:60-6.5
to the Department of Health for approval prior to allowing that instructor to
				conduct any training course.
(j)
				Certified training agencies shall issue a certificate of completion to trainees upon
				their successful completion of an initial or a refresher training course. The
				certificate shall specify the following:
1. A
				unique certificate number;
2. The full
				name of the trainee;
3.
				Discipline;
4. The expiration date of
				the certificate;
5. The course
				completion date;
6. The name, address
				and telephone number of training agency;
7. The language in which the training course was
				given; and
8. Shall bear the signature
				of the course instructor.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.5 - Criteria for training course instructors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for
				certification of any training course, three or more course instructors shall be
				employed. A sufficient number of instructors shall be hired to ensure that all of
				the education and experience criteria for instructors set forth below are met:
1. At least one instructor shall have experience
				in both the design, field performance and evaluation of air monitoring programs, and
				in the design and implementation of respiratory protection programs.
2. All applicants applying for instructor approval
				after April 3, 1995, must take the New Jersey asbestos supervisor course and
				successfully complete the examination approved by the Department of Health .
3. To teach the sections of the course
				concerning the health effects of asbestos, the instructor shall be a qualified
				health professional.
4. To qualify to
				teach the hands-on training sessions, an instructor shall have at least one year of
				experience as a New Jersey asbestos abatement contractor or as a supervisor of
				asbestos abatement workers. This person shall have had direct experience in all
				phases of asbestos abatement work.
5. At
				least one instructor shall have experience in designing, implementing, and
				evaluating either employee educational programs in occupational health and safety or
				vocational education programs.
6. To
				qualify to teach the smoking cessation topics, instructors shall have successfully
				completed a course in smoking cessation approved by the Department of
				Health.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.6 - Criteria for topics in asbestos abatement worker training course

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training courses
				shall be designed and conducted to include, at a minimum, the following topics:
1. Background information on asbestos:
i. History of asbestos use; and
ii. Physical characteristics of
				asbestos.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.7 - Criteria for topics in the asbestos abatement contractors/supervisor training course

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Training courses
				shall be designed and conducted to include, at a minimum, the following topics:
1. All of the topics pursuant to
				12:120-6.6 and
				8:60-6.6;
2. Respiratory protection programs and medical
				monitoring programs (hands-on training required);
3. Insurance and liability issues;
4. Recordkeeping for asbestos abatement
				projects;
5. Supervisory techniques for
				asbestos abatement activities;
6.
				Contract specifications; and
7. Course
				review and course examination.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.8 - Criteria for topics in refresher training courses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Refresher training
				for asbestos worker and contractor/supervisor courses shall consist of the topics
				designed to increase or enhance an individual's skills and knowledge necessary to
				perform the job tasks and job functions associated with the respective
				certification.
(b) Refresher training
				shall include, but not be limited to:
1. An
				overview of key health and safety practices;
2. An update on any relevant Federal, State or
				local regulatory changes;
3. Any new
				developments in applicable state-of-the-art technologies and abatement
				procedures;
4. Respiratory protection
				programs and medical surveillance; and
5. Course review.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.9 - Granting of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No training agency
				shall be eligible for course certification unless the applicant has first received
				certification as an approved training agency pursuant to either this section or
				8:60-6.4 and
				12:120-6.4.
(b) An annual certification shall be granted to a
				training agency which has demonstrated the ability to meet the requirements of this
				subchapter, including course content, teaching methods, and instructor qualification
				based upon the application submission required by
N.J.A.C.
				12:120-6.3
and
8:60-6.3
,
				and such investigation as the Commissioner of the Department of Health should deem
				necessary.
(c) All applicants shall be
				of good moral character. If the applicant is a corporation, this requirement shall
				apply both to the corporation and to those individuals who are responsible for the
				day-to-day operation of the corporation.
(d) An annual letter of certification shall:
1. Specify the date of issuance;
2. Specify an expiration date;
3. Specify the name and address of the training
				agency which is certified;
4. Specify
				what training courses the certificant is authorized to teach;
5. Be signed by the Commissioner of the Department
				of Health or his or her designee; and
6.
				Be nontransferable.
i. Where a training agency
				certification is issued to a close corporation, the transfer in ownership of 10
				percent or more of the shares in the agency shall constitute a certification
				transfer.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.10 - Renewal of training agency certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to approve
				a training agency certification renewal application, the Commissioner of Health
				shall determine, based upon the application, that:
1. The certificant has certified that all
				information contained on the original application is still correct, or where
				applicable, has updated such information;
2. All outstanding penalties lawfully imposed on
				the certificant have been paid;
3. The
				certificant has exhibited competence, integrity, and responsibility; and
4. The training agency can operate in compliance
				with this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 6 - CERTIFICATION OF TRAINING COURSES › Section 8:60-6.11 - Suspension or revocation of training agency certification or instructor approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				certified training agency may have its application denied, certification suspended
				or revoked, and/or shall be required to pay the administrative penalties set forth
				at
N.J.A.C.
				12:120-3.5
and
8:60-3.5
for each violation listed below:
1.
				Incompetence;
2. Failure to adequately
				present either the topics set forth in this subchapter or any other materials
				required by the Department of Health ;
3. Any violation of
				8:60-6.10 and
				12:120-6.10;
4. Submitting false information on an initial or
				renewal application, trainee evaluation form, or course notification form;
5. Failure to submit information or notification
				within the required time periods specified in this subchapter;
6. Falsification of training records, instructor
				qualifications, or other certification information;
7. Failure to maintain required records;
8. Any violation of this subchapter; or
9. Any good cause within the meaning and purpose
				of the law.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 7 - ASBESTOS WORK NOTIFICATION REQUIREMENTS › Section 8:60-7.1 - Purpose and scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is to establish the requirements for notifying the Departments of Labor
				and Workforce Development and Health as to when and where asbestos work will be
				undertaken.
(b) This subchapter shall be
				applicable to all employers who are required to possess an asbestos license pursuant
				to N.J.A.C. 12:120-4 and 8:60-4 and who enter into a contract to perform asbestos
				work in New Jersey.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 7 - ASBESTOS WORK NOTIFICATION REQUIREMENTS › Section 8:60-7.2 - Notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every employer under
				the scope of this subchapter who plans to perform asbestos work in New Jersey shall
				submit a written notification of intent to perform asbestos work at least 10
				calendar days prior to beginning such work on forms specified by the Department of
				Health, except where such work is exempted at
N.J.A.C.
				12:120-1.4(b)
(8:60-1.4(b)).
1. The date of submission of the
				notice is determined to be the date as postmarked by the United States Postal
				Service on the transmittal envelope.
2.
				If the postmark is not legible, or if metered mail is used, the date of submission
				of the notice is determined to be the date of receipt by either the Commissioner of
				Labor and Workforce Development or Health and Senior Services.
3. If an earlier mailing date is established by
				proof of mailing with a recognized United States Postal Service receipt, the date of
				submission of the notice is determined to be the established date.
4. The pick-up date of a recognized overnight
				delivery or courier service shall be deemed equivalent to a United States Postal
				Service postmark.
5. Facsimile
				transmissions of written notifications of intent to perform asbestos work are only
				accepted as submissions where emergency circumstances are warranted pursuant to this
				subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 8:60-8.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the procedures for appealing any
				  action or inaction by the Commissioner of Labor and Workforce Development or the
				  Commissioner of Health , under the Act, including, the revocation, suspension, or
				  refusal to renew a license or permit, or denial of an application for a license or
				  permit; the denial, revocation, or suspension of a training agency certification or
				  instructor approval; and the assessment of a civil administrative penalty. It shall
				  also apply to the procedures for filing a citizen complaint alleging a violation of
				  the Act.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 8:60-8.2 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any individual who is aggrieved by any action
				or inaction of the Commissioner of Labor and Workforce Development or the
				Commissioner of Health or his or her designee, under this chapter, shall have the
				right to an informal conference under (c) below or a formal hearing under (d) below
				or both upon receipt by the Commissioner of Labor and Workforce Development or
				Health , as the case may be, of a written request within 10 calendar days of receipt
				of notice of the proposed agency action.
(b) In the interest of protecting employee or
				public health and safety, the Commissioner of Labor and Workforce Development or the
				Commissioner of Health may suspend a license, permit, instructor approval or
				training agency certification prior to a hearing. When the license, permit, training
				agency certification, or instructor approval has been suspended, the aggrieved
				person shall have the right to a hearing within 10 calendar days of the notice of
				suspension.
(c) Upon receipt of the
				written request, an informal conference shall be held before a designee of the
				Commissioner of Labor and Workforce Development or Health , as the case may be,
				within 30 calendar days. The designee of the Commissioner of Labor and Workforce
				Development or Health, as the case may be, shall render a decision within 45
				calendar days of the conference. Such decision shall state the findings and
				conclusions and shall be transmitted to the aggrieved person.
(d) Any party who disagrees with the decision of
				the Commissioner of Labor and Workforce Development or Health's designee may submit
				a written request for a formal hearing in accordance with (e) below.
(e) Upon receipt of the written request, a formal
				hearing shall be held pursuant to the Administrative Procedure Act,
				52:14B-1 et seq., and the Uniform
				Administrative Procedure Rules, N.J.A.C. 1:1.
(f) For purposes of this section, due notice shall
				mean written notice mailed to the aggrieved person's last filed address which
				specifies:
1. The intended agency
				action;
2. The legal basis for such
				action;
3. The facts supporting such
				legal basis; and
4. Notice of the right
				to an informal conference or formal hearing;
i.
				The 10 calendar day period to request such informal conference or formal hearing;
				and
ii. The address to which such
				requests shall be sent.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 8:60-8.3 - Citizen complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who believes a violation of the
				provisions of the Act has occurred may file a citizen complaint petitioning the
				Commissioner of Labor and Workforce Development or Health to bring an enforcement
				action. The citizen complaint shall specify:
1.
				The alleged violation;
2. The facts
				constituting the alleged violation; and
3. The name and address of the citizen filing the
				complaint.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 8:60-9.1 - 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 and publications referred to in this chapter are as
				follows:
1. 40 CFR Part 61, National Emission
				Standards for Hazardous Air Pollutants;
2.
N.J.A.C. 1:1
, Uniform
				Administrative Procedure Rules;
3.N.J.A.C. 5:23-8, Asbestos Hazard Abatement
				Subcode of the Uniform Construction Code;
4.
N.J.A.C. 7:26
, Solid and
				Hazardous Waste Regulations;
5.
										34:5A-32 et seq., Asbestos Control and
				Licensing Act;
6.
										52:14B-1 et seq., Administrative
				Procedures Act;
7.
										29 C.F.R.
				1910.134 --Respiratory Protection;
8.
										29 C.F.R.
				1926.1101(h) --Respiratory
				Protection; and
9. 40 C.F.R. Part 763
				--Asbestos Model Accreditation Plan; Interim Final Rule.
10. "Test Method -- Method for the Determination
				of Asbestos in Bulk Building Materials," EPA/600/R-93/116, July 1993.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 8:60-9.2 - 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 normal working days:
New Jersey Department of Labor and Workforce Development
Division of Public Safety and Occupational Safety and
				  Health
1 John Fitch Plaza, 3rd Floor
PO Box 392
Trenton, New Jersey 08625-0392
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 8:60-9.3 - 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
				  12:120-9.1 and
				  8:60-9.1.
Click here to view image.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 60 - ASBESTOS LICENSES AND PERMITS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of analyzing Category I non-friable asbestos
				containing material and other non-friable organically bound material, the Department
				of Labor and Workforce Development and the Department of Health shall utilize the
				"Test Method -- Method for Determination of Asbestos in Bulk Building Materials,"
				EPA/600/R-93/116, July 1993, in the following manner:
1. Samples shall be prepared using the gravimetric sample
				preparation procedures.
2. Samples shall be analyzed first by Polarized Light Microscopy
				(PLM).
3. In the event that the results of PLM analysis indicate that a
				sample contains less than or equal to 10 percent asbestos, the sample shall be point
				counted.
4. Only where PLM analysis indicates that a sample contains one
				percent or less than one percent asbestos (including findings that a sample contains
				no asbestos), shall the sample be analyzed by Transmission Electron Microscopy
				(TEM).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 2 - PARTICIPATION AND ATTENDANCE AT SCHOOL BY INDIVIDUALS WITH HIV INFECTION › Section 8:61-2.1 - Attendance at school by students or adults with HIV infection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No student with HIV
				infection shall be excluded from attending school for reason of the HIV infection.
				Exclusion of an HIV-infected student can only be for reasons that would lead to the
				exclusion of any other student.
(b) No
				student with HIV infection shall be restricted from his or her normal employment at
				school for reason of the HIV infection, unless the student has another illness that
				would restrict that employment.
(c) No
				student shall be excluded from school services, including transportation,
				extra-curricular activities, and athletic activities, or assigned to separate
				services, such as home instruction, for reason of HIV infection or living with or
				being related to someone with HIV infection, as required by
				N.J.A.C.
				6A:16-1.4.
(d) Any person shall be removed from the school
				setting if the person has uncovered weeping skin lesions.
(e) Any public or nonpublic school or day care
				facility, regardless of whether students or adults with HIV are present, shall adopt
				written policies and routine procedures for handling blood and body fluids and make
				available training and appropriate supplies to all school personnel, in conformance
				with 6A:16-1.3 and 2.3(e).
(f) Any public or nonpublic school and day care
				facility shall adopt written policies and procedures for post-exposure evaluation
				and follow up for any employee exposed to blood or body fluids. District boards of
				education shall develop written policies and procedures for post-exposure
				management, in conformance with the Occupational Safety and Health Administration
				(OSHA) Safety and Health Standards for Occupational Exposure to Bloodborne
				Pathogens,
				29 C.F.R. §
										1910.1030, as amended and supplemented, and the
				Safety and Health Standards for Public Employees provided at
				12:100-4.2.
(g) Any employee of a district board of education
				or school shall share information that identifies a student as having HIV infection
				or AIDS only with prior written informed consent of the student age 12 or greater,
				or of the student's parent or guardian, as required by
				26:5C-5 et seq., except as may be
				authorized or required under other laws.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to describe the clinical and
				  financial criteria which individuals must meet, in order to become enrolled in the
				  AIDS Drug Distribution Program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.2 - Coverage

Current through Register Vol. 56, No. 14, July 15, 2024
The medications designated for coverage shall be based on
				  considerations of cost, efficacy and frequency of use as determined by the Division
				  of HIV/AIDS Services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.3 - Clinical eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
To be considered clinically eligible to participate in the AIDS
				  Drug Distribution Program, an individual must meet the clinical criteria established
				  by the manufacturer of the drug, as determined by a licensed physician or other
				  licensed health care practitioner acting within his or her scope of practice.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.4 - Income eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be
				eligible for this program, the individual(s) shall be a permanent resident of New
				Jersey and must have an annual income that does not exceed 500 percent of the
				Federal Poverty Level in accordance with the provisions of
				42 U.S.C.
				§
										9902(2) as amended and
				supplemented.
1. An applicant and spouse shall be
				considered separated when each maintains a separate residence and the applicant does
				not have access to or receive support from the spouse's income.
2. An applicant and spouse shall be considered
				separated when the spouse has been institutionalized in an assisted living facility,
				long-term care facility, either skilled or intermediate, or in a State or county
				psychiatric hospital at least 30 consecutive days prior to application.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.5 - Residence

Current through Register Vol. 56, No. 14, July 15, 2024
Residence shall be determined in accordance with the standards
				  delineated at N.J.A.C. 8:83-6.4.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.6 - Third party coverage

Current through Register Vol. 56, No. 14, July 15, 2024
Individuals who are eligible to receive the covered medications
				  from entitlement programs or third party payers are not eligible to receive benefits
				  under this program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 3 - ELIGIBILITY CRITERIA TO PARTICIPATE IN THE AIDS DRUG DISTRIBUTION PROGRAM › Section 8:61-3.7 - Application process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications to
				enroll in the program can be obtained by calling toll free, at
				1-877-613-4533.
(b) Once an interested
				individual receives the application, the form should be completed and returned to
				the address indicated on the application. The application requires personal
				information on residency, immigration status, race/ethnicity, marital status,
				household income, employment status, insurance coverage, certification by a
				pharmacist and physician.
(c) If
				approved for participation in the Program, the Department or its designee will
				notify the individual, his or her physician or other licensed health care
				practitioner acting within his or her scope of practice, and the pharmacy from which
				the prescription will be filled.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 61 - ATTENDANCE AND PARTICIPATION AT SCHOOL BY PERSONS WITH HIV INFECTION; AIDS DRUG DISTRIBUTION PROGRAM; HIV/AIDS COUNSELING AND TESTING OF PREGNANT WOMEN FOR HIV; AND DISCLOSURE OF CHILDREN'S HIV/AIDS STATUS › Subchapter 4 - TESTING OF PREGNANT WOMEN AND NEWBORNS FOR HIV OR HUMAN IMMUNODEFICIENCY VIRUS › Section 8:61-4.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this
				subchapter is to implement the requirements of P.L. 1995, c. 174 (26:5C-15 et seq.) and set standards in
				accordance with the revised recommendations of the Centers for Disease Control and
				Prevention (CDC) on routine screening and testing of pregnant women and newborns for
				Human Immunodeficiency Virus.
(b) This
				subchapter applies to clinical practitioners, hospitals and ambulatory care facility
				birth centers that provide prenatal care, newborn care, screening and order
				diagnostic tests for HIV or AIDS, diagnose individuals with HIV or AIDS or provide
				treatment for individuals diagnosed with HIV or AIDS.