reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 8:59-1.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
The regulations contained in this chapter are promulgated
				  pursuant to the authority of the Worker and Community Right to Know Act, L.1983,
				  c.315, 34:5A-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 8:59-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the purpose of
				these regulations to:
1. Provide a procedure and
				comprehensive program whereby residents of the State may gain access to information
				about hazardous substances in the workplace and the community;
2. Protect the public health, safety, and
				welfare;
3. Make it easier to monitor
				and detect any adverse health effects attributable to hazardous
				substances;
4. Enable individuals to
				detect and minimize effects of exposure to hazardous substances by making them aware
				of the identity of substances to which they are exposed and the early symptoms of
				unsafe exposure;
5. Provide individuals
				with the information to enable them to handle hazardous substances in a safe
				manner;
6. Provide individuals with
				information explaining the full range of the risks they face from exposure to
				hazardous substances so that they are in a position to make knowledgeable
				decisions;
7. Provide local health,
				fire, police, safety and other governmental officials with detailed information
				about the identity, characteristics, and quantities of hazardous substances used and
				stored in their communities in order to adequately plan for, and respond to,
				emergencies; and
8. Implement the New
				Jersey Worker and Community Right to Know Act, L.1983, c.315,
				34:5A-1 et seq.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 8:59-1.4 - Covered employers exempt from provisions of the law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any public employer
				that transmits to the Department a Right to Know survey, which indicates that no
				hazardous substances are present at the facility, shall be exempt from the
				provisions of the Act for that facility, except for the requirement to annually
				update the Right to Know Survey pursuant to 8:59-2, and except for the provisions of
34:5A-33
and 8:59-8 providing enforcement of violations of the Act. Any residential dwelling
				that meets this condition, including those located in State, county, and local
				parks, shall be exempt from meeting the requirement of 8:59-2.
(b) Any public employer exempted from the
				provisions of the Act pursuant to this section that transmits to the Department an
				update of the Right to Know Survey, which indicates that a hazardous substance is
				present at the public employer's facility, immediately shall be subject to all the
				provisions of the Act.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 1 - GENERAL INFORMATION › Section 8:59-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any
				  person or circumstance is held invalid, such invalidity shall not affect other
				  provisions of these rules and to this end, the provisions of these rules are
				  declared to be severable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 2 - RIGHT TO KNOW SURVEY-FOR PUBLIC EMPLOYERS › Section 8:59-2.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall prepare a Right to Know
				Survey and mail it to every public employer covered under the New Jersey
				unemployment insurance law who is also covered by the Act.
(b) Every public employer shall report every five
				years each hazardous substance listed on the Right to Know Hazardous Substance List
				which is present at its facility, beginning with the 1993 Right to Know
				Survey.
(c) In each of the four years
				between complete inventory surveys, every public employer shall report any new
				hazardous substances listed on the Right to Know Hazardous Substance List which are
				present at its facility.
(d) Within 90
				days of receipt of a Right to Know Survey, or by July 15, whichever is later, a
				public employer shall complete and transmit the survey to the Department; the county
				health department, county clerk, or designated county lead agency, of the county in
				which the employer's facility is located; the local health department; the local
				emergency planning committee; the local fire department; and the local police
				department.
(e) The Department shall
				provide, upon request, a Spanish translation of a blank copy of the Right to Know
				survey to public employers; to county health departments, county clerks, or
				designated county lead agencies; and to the public.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 2 - RIGHT TO KNOW SURVEY-FOR PUBLIC EMPLOYERS › Section 8:59-2.2 - Completion of Right to Know Survey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public employer
				shall report the hazardous substances which are present at its facility on the Right
				to Know Survey as follows:
1. Hazardous substances
				shall be reported by the common name permitted by
				8:59-5.7, and Chemical Abstracts Service
				number listed on the Right to Know Hazardous Substance List.
2. Hazardous substances which are special health
				hazard substances shall be reported on the Right to Know Survey in accordance with
				8:59-10.1(b).
3. Hazardous substances other than special health
				hazard substances which are included in a mixture shall be reported on the Right to
				Know Survey if they constitute one percent or more of the mixture or if the
				substance is present in the aggregate of 500 pounds or more in a container at the
				facility regardless of the percentage of the substance in a mixture.
4. The name of the product in which the hazardous
				substance is contained shall be reported on the Right to Know Survey in alphabetical
				order. For each product, the type of container, greatest amount of the product in
				the prior 12 months (inventory), physical state of the product (unit), number of
				employees exposed or potentially exposed to the product, and the exact location of
				the product on site, shall be reported.
5. The name of the hazardous ingredients of a
				product shall be listed in alphabetical order underneath the product name. For each
				ingredient, the New Jersey Right to Know Hazardous Substance List Substance Number,
				Chemical Abstracts Service number (CAS), United States Department of Transportation
				Hazardous Materials Identification Number (DOT No.), percentage of the hazardous
				ingredients in the product (mixture), and the Special Health Hazard Codes of the
				ingredients, shall be reported.
6. The
				Right to Know Survey inventory pages shall be divided into large quantities of
				hazardous products at single locations and all other products, to be called small
				quantities. Large quantity is defined as a product present in a quantity greater
				than 100 pounds, gallons or cubic feet (inventory range codes 12 through 20). The
				Department shall have the discretion not to require the reporting of location of
				product for small quantities.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 2 - RIGHT TO KNOW SURVEY-FOR PUBLIC EMPLOYERS › Section 8:59-2.3 - Additional information requested by local agencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any county health
				department, county clerk, or designated county lead agency, local police department,
				or local fire department may request from a public employer submitting a Right to
				Know survey to it further information concerning the survey, except for information
				claimed as trade secret on the survey form, and the public employer shall provide
				the additional information upon the request therefore. The public employer shall
				provide a response within 30 days.
(b)
				The public employer may require the county health department, county clerk, or
				designated county lead agency; local police department; or local fire department to
				sign an agreement protecting the confidentiality of any additional information
				provided pursuant to (a) above.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is promulgated pursuant to the
				Worker and Community Right to Know Act, L.1983, c.315,
				34:5A-1 et seq., in particular,
				34:5A-15 and 30, and
				13:1D-9.
(b) This subchapter is a jointly adopted rule of
				the Departments of Health and Environmental Protection (see 7:1G-6 ).
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Trade secret claims will be filed or
				maintained by employers who are subject to the Act to maintain the confidentiality
				of information requested on the Right to Know Survey or the environmental survey and
				for the names of substances on container labels. It is the purpose of this
				subchapter to prescribe:
1. The procedures and
				guidelines for filing trade secret claims and maintaining trade secret
				information;
2. The information required
				by the DOH/DEP for determination of a trade secret claim;
3. The methods for maintaining the confidentiality
				and security of trade secret information;
4. The criteria for determination of a trade
				secret claim;
5. The procedure for
				requesting trade secret information;
6.
				The procedures for appeal of a determination of a trade secret claim; and
7. The procedures and guidelines for the
				disclosure of trade secret information.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"DOH/DEP" means, for purposes of this subchapter, the Department
				  of Health and/or the Department of Environmental Protection, as applicable in the
				  context of the section, unless otherwise indicated.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.5 - Prohibited claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A trade secret claim cannot be made to the
				Department for the following information:
1. The
				name and Chemical Abstracts Service number of any substance listed on the Special
				Health Hazard Substance List (N.J.A.C. 8:59-10 ), which meets the criteria
				established pursuant to N.J.A.C. 8:59-10;
2. Any information required to be publicly
				disclosed pursuant to any other act;
3.
				The following information requested on the Right to Know Survey:
i. Name of the employer;
ii. Location of the facility.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.6 - Procedure for filing trade secret claims and maintaining trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Reporting shall be done as follows:
1. A public
				employer that claims that disclosing information on a Right to Know Survey would
				reveal a trade secret shall list a trade secret registry number in place of the
				trade secret information in the Right to Know Survey to be distributed to the
				Department and all county and local agencies that are required by law, rule, or
				regulation to receive the survey. The employer shall derive the registry number by
				adding a numeral beginning with "5000" at the end of its Department of Labor and
				Workforce Development employer identification number (EIN) separated by a dash and
				preceded by the words, "Trade secret registry." See (b)2 below for examples. Each
				new trade secret claim shall be numbered consecutively. A second version of the
				Right to Know Survey that includes both the trade secret registry number and the
				trade secret information shall be filed with the Department along with the
				information required in (c) below, at the time of submission of the first
				survey.
2. A public employer may assign
				trade secret registry numbers to ingredients or products.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.8 - Decision-making agency on a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department is
				authorized to approve or deny a trade secret claim concerning:
1. Information reported on the Right to Know
				Survey.
2. Labeling a container with the
				chemical name and Chemical Abstract Service number of the substance in the
				container.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.9 - Criteria for determination of the validity of a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any formula,
				plan, pattern, process, production data, information, or compilation of information
				shall be considered a trade secret if the employer establishes that its secrecy is
				certified by an appropriate official of the Federal government as necessary for
				national defense purposes, or if the employer establishes that:
1. It is not patented;
2. It is known only to the employer and certain
				other individuals;
3. It is used in the
				research and development or production of an article or of a mixture; and
4. It gives the employer possessing it a
				competitive advantage over businesses who do not possess it.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.10 - Request for trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may
				submit, at any time, a written request for the disclosure of information for which a
				trade secret claim is pending or has been approved to the DOH/DEP at the address
				provided in
8:59-3.4
(
N.J.A.C.
7:1G-6.4
). The request shall state the requestor's name, address,
				and affiliation, and may include information concerning the validity of a pending or
				approved trade secret claim. The names of employees making requests for trade secret
				information on a Right to Know Survey or a label shall be kept
				confidential.
(b) A request for
				disclosure of an approved trade secret may be submitted only if accompanied by new
				significant information not previously submitted concerning the invalidity of the
				trade secret claim.
(c) The Department
				shall render a decision on a request for the disclosure of trade secret information
				from a single employer within 120 days of receipt of the request and shall notify
				the requestor of its determination. The Department may extend this deadline for an
				additional 120 days if the request involves a large number of substances.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.11 - Notification of determination of the validity of a trade secret claim

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon making
				a determination on the validity of a trade secret claim, the DOH/DEP shall notify
				the employer and the requestor of the determination by certified mail, return
				receipt requested. The notice shall state that the employer has 45 days from receipt
				of the determination to file a written request with the DOH/DEP for an
				administrative hearing on the determination.
(b) Within 15 days of receiving an approval of a
				trade secret claim from the Department, a public employer shall post on bulletin
				boards readily accessible to employees a notice of the determination. Every public
				employer that employs persons whose native language is Spanish shall also post the
				notice in Spanish, such notice to be provided by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.13 - Appeal of determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the DOH/DEP denies an employer's trade
				secret claim, the employer shall have 45 days from the receipt of the determination
				to file with the DOH/DEP a written request for an administrative hearing on the
				determination.
(b) Within 15 days after
				filing a request for an administrative hearing, a public employer shall post on
				bulletin boards readily accessible to employees a notice of the request. Every
				public employer filing a request shall send a copy of the notice to the county
				health department, county clerk, or designated county lead agency in which the
				employer's facility is located. Every public employer filing a claim that employs
				persons whose native language is Spanish shall also post a notice in Spanish. The
				notice shall state for which survey the request was made and the date of the request
				and shall invite any person to submit comments to the Department and provide
				testimony at the administrative hearing on the trade secret claim.
(c) If a request for an administrative hearing is
				made pursuant to (a) above, the DOH/DEP shall refer the matter to the Office of
				Administrative Law for a hearing thereon.
(d) Within 45 days of receipt of the
				administrative law judge's initial decision containing a recommendation on a matter
				referred to in (c) above, the DOH/DEP shall affirm, reject, or modify the
				recommendation. The DOH/DEP shall inform the employer of its decision on the
				administrative law judge's recommendation by certified mail, return receipt
				requested. The action of the DOH/DEP shall be considered final agency action for
				purposes of the "Administrative Procedure Act,"
52:14B-1
et seq., and shall be subject
				only to judicial review as provided in the Rules of Court.
(e) If the DOH/DEP determines, pursuant to (d)
				above, that the trade secret claim is not valid, the employer shall have 45 days
				from receipt of the determination to notify the DOH/DEP, in writing, that it has
				filed to appeal the decision of the DOH/DEP in the courts. If the employer does not
				so notify the DOH/DEP, the DOH/DEP shall disclose the information for which the
				trade secret claim was made in the manner set forth in
8:59-3.14
.
(f) Special
				rules applicable to trade secret claim appeals are set forth at N.J.A.C.
				1:21.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.14 - Disclosure of information determined not to be a trade secret

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a trade secret
				claim has been denied and all appeals and the right to bring an appeal have been
				exhausted, the DOH/DEP shall take the following action:
1. Modify the employer's Right to Know Survey or
				environmental survey, as the case may be, on file with the DOH/DEP to substitute the
				omitted information for the trade secret docket or registry number and add the
				information wherever else appropriate; and
2. Direct the employer to modify the Right to Know
				Survey or environmental survey on file at the employer's facility to include the
				information for which the trade secret claim was denied and add the information
				wherever else appropriate; to send modified copies of the revised Right to Know
				Survey or environmental survey to the DOH/DEP and all county and local agencies that
				are required by law, rule, or regulation to receive the survey containing this
				information; and to replace the trade secret registry number with the chemical name
				and CAS number on its fact sheets and container labels, if applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.15 - Restricted access to trade secret information retained by the DOH/DEP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in (b) through (g) below and
				8:59-3.7 or when so ordered by a court,
				no person shall willingly and knowingly disclose, and no person shall willingly and
				knowingly receive, trade secret information protected by this subchapter without the
				employer's written consent.
(b) An
				officer or employee of the State may be granted access to trade secret information
				protected by this subchapter, only in accordance with this section, upon a
				demonstration to the satisfaction of the DOH/DEP that such request is in connection
				with the official duties of the officer or employee under any law for the protection
				of public health.
1. An officer or employee of the
				State designated by the head of an agency may make a written request to the DOH/DEP
				for information on a pending or approved trade secret claim. Such request shall
				state:
i. Name, title, program, division, and
				department of the officer or employee;
ii. The officer or employee's need for the
				information and its connection with official duties;
iii. The reason why the information cannot be
				obtained from other sources; and
iv. The
				public health law for which the information is needed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.16 - Penalties for unauthorized disclosure of trade secret information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any officer or
				employee of the State, contractor of the State, physician or osteopath, or employee
				of a county health department, county clerk, or designated county lead agency, local
				fire department, or local police department, or any other person who has access to
				any confidential information, and who willingly and knowingly discloses the
				confidential information to any person not authorized to receive it, is guilty of a
				crime of the third degree.
(b)
				Disclosure of trade secret information by any contractor or agent of the DOH/DEP or
				its employees in violation of the Act shall constitute grounds for debarment,
				suspension, and disqualification from contracting with the DOH/DEP.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 3 - TRADE SECRETS › Section 8:59-3.17 - Labeling

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer shall
				affix a label with the trade secret registry number to the container in which a
				hazardous or other substance claimed as a trade secret is held in accordance with
				the requirements of N.J.A.C. 8:59-5 or N.J.A.C. 8:59-11, as appropriate. A trade
				secret claim shall be filed or maintained in accordance with
				8:59-3.6 prior to affixing the label to
				the container.
(b) An employer shall
				affix a label with the trade secret registry number to a container received by an
				employer in which a substance claimed as a trade secret is held before employees
				open the container or within five working days of the container's arrival at the
				employer's facility, whichever is sooner, and shall file or maintain a trade secret
				claim in accordance with
				8:59-3.6.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 4 - HAZARDOUS SUBSTANCE FACT SHEETS-FOR PUBLIC EMPLOYERS › Section 8:59-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall develop a hazardous
				substance fact sheet for each hazardous substance on the Right to Know Hazardous
				Substance List. This requirement does not include generic categories of
				substances.
(b) When a public employer
				files a trade secret claim, it may prepare its own hazardous substance fact sheet
				pursuant to 8:59-4.4(b)  subject to
				the approval of the Department.
(c) The
				Department shall retain each hazardous substance fact sheet prepared either by the
				Department or a public employer for 30 years.
(d) Except for fact sheets prepared by public
				employers claiming a trade secret, the Department shall prepare a Spanish
				translation of each hazardous substance fact sheet.
(e) The Department shall make available to public
				employers, county health departments, county clerks, or designated county lead
				agencies, and the public a Spanish translation of each hazardous substance fact
				sheet.
(f) A public employer shall
				maintain, and make available to employees, material safety data sheets that have
				been developed or acquired for substances listed on the Right to Know Hazardous
				Substance List for which hazardous substance fact sheets have not been completed and
				for mixtures, in the same manner as hazardous substance fact sheets. The material
				safety data sheets shall be distributed in addition to hazardous substance fact
				sheets and not as a substitute. The material safety data sheets shall be made
				available to the Department upon request.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 4 - HAZARDOUS SUBSTANCE FACT SHEETS-FOR PUBLIC EMPLOYERS › Section 8:59-4.2 - Contents of hazardous substance fact sheet

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A hazardous
				substance fact sheet shall be a written document that includes, but is not limited
				to, the following information:
1. The chemical
				name, the Chemical Abstracts Service number, the trade name, and common names of the
				hazardous substance;
2. A reference to
				all relevant information on the hazardous substance from the most recent edition of
				the National Institute for Occupational Safety and Health's Registry of Toxic
				Effects of Chemical Substances;
3. The
				hazardous substance's solubility in water, vapor pressure at standard conditions of
				temperature and pressure, and flash point;
4. The hazard posed by the hazardous substance,
				including its toxicity, carcinogenicity, mutagenicity, teratogenicity, flammability,
				explosiveness, corrosivity and reactivity, including specific information on its
				reactivity with water;
5. A description,
				in nontechnical language, of the acute and chronic health effects of exposure to the
				hazardous substance, including the medical conditions that might be aggravated by
				exposure, and any permissible exposure limits established by the Federal
				Occupational Safety and Health Administration;
6. The potential routes and symptoms of exposure
				to the hazardous substance;
7. The
				proper precautions, practices, necessary personal protective equipment, recommended
				engineering controls, and any other necessary and appropriate measures for the safe
				handling of the hazardous substance, including specific information on how to
				extinguish or control a fire that involves the hazardous substance; and
8. The appropriate emergency and first aid
				procedures for spills, fires, potential explosions, and accidental or unplanned
				emissions involving the hazardous substance.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 4 - HAZARDOUS SUBSTANCE FACT SHEETS-FOR PUBLIC EMPLOYERS › Section 8:59-4.3 - Transmittal to employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a completed Right to Know
				Survey from a public employer, the Department shall transmit to that employer a
				hazardous substance fact sheet for each hazardous substance reported by the employer
				on the Right to Know Survey.
(b) The
				Department shall transmit to a public employer who was unable to list the hazardous
				substance components of a substance or mixture on the Right to Know Survey, a
				hazardous substance fact sheet for each hazardous substance contained in the
				substance or mixture when the Department obtains the names of the hazardous
				substances.
(c) Upon receipt of a Right
				to Know Survey which reports new hazardous substances, the Department shall supply
				the public employer with any necessary additional hazardous substance fact
				sheets.
(d) The Department shall
				transmit a Spanish translation for each hazardous substance reported by a public
				employer on the Right to Know Survey, upon request.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 4 - HAZARDOUS SUBSTANCE FACT SHEETS-FOR PUBLIC EMPLOYERS › Section 8:59-4.4 - Trade secret claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a public employer makes a trade secret
				claim for a substance on the Right to Know Survey pursuant to 8:59-3, the Department
				shall transmit to the public employer a hazardous substance fact sheet for the
				substance with the employer's trade secret registry number for the substance listed
				in place of the name of the substance and the CAS number, unless the public employer
				notifies the Department that it desires to prepare its own hazardous substance fact
				sheet in accordance with (b) below.
(b)
				A public employer may prepare a hazardous substance fact sheet for any substance for
				which a trade secret claim has been made in order to maintain the confidentiality of
				the trade secret.
1. The hazardous substance fact
				sheet prepared by a public employer shall contain the information set forth in
				8:59-4.2(a)2  to 8. The
				information required in
				8:59-4.2(a)3  may be
				expressed in descriptive terminology. The interpretation of data for a fact sheet
				prepared by a public employer shall follow the intent of and information contained
				in the corresponding fact sheet prepared by the Department, including information
				supplied in addition to that required by
				8:59-4.2(a).
2. A public employer shall attach a standardized
				explanatory sheet prepared by the Department to every hazardous substance fact sheet
				prepared by the public employer.
3. A
				hazardous substance fact sheet prepared by a public employer shall be available for
				employee use in the same manner as a fact sheet prepared by the Department, and a
				copy shall be submitted to the Department within 30 days of receiving the
				Department's hazardous substance fact sheet. A hazardous substance fact sheet
				prepared by a public employer need only be distributed to employees on request and
				to the Department for review. In the case of trade secret claims made after return
				of the Right to Know Survey, a copy of the hazardous substance fact sheet pertaining
				to the claim shall be submitted to the Department within one month of submission of
				the trade secret claim.
4. The public
				employer shall list its trade secret registry number for the substance on the
				hazardous substance fact sheet.
5. A
				public employer shall prepare a Spanish translation of the hazardous substance fact
				sheet and submit a copy to the Department within 30 days of approval of its
				hazardous substance fact sheet.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.2 - Pipelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employers shall be
				required to label pipelines only at the valve or valves located at the point at
				which a substance enters a facility's pipeline system, and at normally operated
				valves, outlets, vents, drains and sample connections designed to allow the release
				of a substance from the pipeline. "Normally operated" means those valves, outlets,
				vents, drains and sample connections designed to allow the release of a substance
				from a pipeline which releases substances at least once during a 24 hour period or
				in connection with repairs or maintenance at least once per month. Where a series of
				multiple valves are in close proximity on a single pipeline connected to a single
				process container, only one valve out of the series need be labeled.
(b) Valves, outlets, vents and drains which
				control the emission or discharge of any solid, liquid, semi-solid or gaseous waste
				material from a facility shall be labeled. The information required on a label
				pursuant to the Resource Conservation and Recovery Act (RCRA) may be substituted for
				the information required by
				8:59-5.1, even though the employer is
				not regulated by RCRA.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.3 - Research and development laboratories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Alternative labeling
				system requirements follow:
1. Instead of labeling
				pursuant to this subchapter, an employer that follows the procedure in (c) below and
				that the Department approves as a research and development laboratory may label
				containers in the research and development laboratory by means of a code or number
				system. The code or number system must enable a public employee or emergency
				responder to readily make a cross reference to a hazardous substance fact sheet or
				documentary material that is retained on file by the employer at the facility, which
				will provide the public employee or emergency responder with the chemical name or
				common name permitted by
8:59-5.7
, and CAS number of the substance
				contained in the container, if it exists, or the trade secret registry number
				assigned to the substance. The labeling threshold based on container size set forth
				in
8:59-5.6
shall apply to research and development laboratories
				using the alternative labeling system.
2. The code or number system shall be designed to
				allow the public employee free and ready access at all times to the chemical name
				and Chemical Abstracts Service number of the substances in the container, shall be
				designed to allow the public employee access to this information without the
				permission or assistance of management, and shall be available to the public
				employee at close proximity to his or her specific job location or
				locations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.4 - Mixtures

Current through Register Vol. 56, No. 14, July 15, 2024
If a container contains a mixture, an employer shall label the
				  container according to N.J.A.C. 8:59-5.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.5 - Exceptions to labeling requirements; Federal and State labeling laws

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The labeling
				requirements of 8:59-5.1 shall not apply to containers
				affixed with labels pursuant to the requirements of the Federal Insecticide,
				Fungicide, and Rodenticide Act, 61 Stat. 163 (
				7 U.S.C.
				136 et al.).
(b) Containers labeled with shipping names of
				specific substances with identification numbers from the United States Department of
				Transportation's Hazardous Materials Table,
				49 CFR
				172.101, columns 2 and 4, may be substituted for
				the information required by
				8:59-5.1 if the name on the container is
				identical to the chemical or common name on the Right to Know Hazardous Substance
				List.
(c) Containers containing waste
				material shall be labeled. The information required on a label for waste material
				pursuant to the Federal Resource Conservation and Recovery Act (RCRA) and the New
				Jersey Solid Waste Management Act (SWMA) may be substituted for the information
				required by N.J.A.C. 8:59-5.1, even though the employer is not regulated by RCRA or
				SWMA.
(d) Any food, food additive, color
				additive, drug, cosmetic, or medical or veterinary device, including materials
				intended for use as ingredients in such products (for example, flavors and
				fragrances), as such terms are defined in the Federal Food, Drug, and Cosmetic Act (
				21 U.S.C.
				301 et seq.) and regulations issued under that
				Act, shall be exempt from the labeling requirements of N.J.A.C. 8:59-5 when they are
				subject to the labeling requirements under the Federal Food, Drug, and Cosmetic Act
				by the Food and Drug Administration and are in containers that are less than 55
				gallons or 450 pounds.
1. All raw food materials,
				food additives, and finished food products intended for human or animal consumption
				regulated by Federal law shall be exempt from the labeling requirements of N.J.A.C.
				8:59-5 regardless of the size of the container they are contained in.
2. A public employer shall make available to
				public employees on request, all hazardous substance fact sheets prepared by the
				Department relevant to the above products, including hazardous substance fact sheets
				on inactive ingredients as defined by the FDCA.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.7 - Common name

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only common names that the Department
				specifies may be substituted for required chemical names on labels.
(b) For hazardous substances listed on the Right
				to Know Hazardous Substance List:
1. The first
				name shall be considered the common name for the hazardous substance for purposes of
				labeling containers.
If there is only one name listed for a hazardous substance on the
				  Right to Know Hazardous Substance List, no other name shall be used for purposes of
				  labeling containers;
2. Any
				synonym (designated as "syn") listed on the Right to Know Hazardous Substance List
				shall be considered an acceptable common name for purposes of labeling containers;
				and
3. Generic names (designated as
				"gen") listed on the Right to Know Hazardous Substance List can only be used on
				container labels if there is a CAS number next to the generic name, except fuel oil
				and petroleum oil, which can be used without a CAS number. The phrase " fuel oil"
				should be used to label heating oil.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.8 - Labels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A label shall be a
				sign, emblem, sticker or marker of a durable nature affixed to or stenciled onto a
				container.
(b) The printing on a label
				shall be easily readable and not obscured.
(c) The label shall be prominently displayed on
				the container.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.9 - Trade secret registry number

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employer who
				files a trade secret claim pursuant to N.J.A.C. 8:59-3 shall affix or stencil the
				trade secret registry number onto each container containing a substance for which
				the trade secret claim was made, in accordance with the deadlines set forth in
				8:59-5.1.
(b) An employer shall replace the trade secret
				registry number on the container with the chemical name or common name permitted by
8:59-5.7
, and the CAS number, pursuant to 8:59-3, within 10 days of
				notification by the Department that a trade secret claim has been denied and after
				all appeals have been exhausted.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 5 - LABELING CONTAINERS › Section 8:59-5.10 - Subcontractors

Current through Register Vol. 56, No. 14, July 15, 2024
If a public or private subcontractor stores hazardous or other
				  substances at a public employer's facility, the public employer shall ensure that
				  the containers holding these substances are labeled in accordance with this
				  subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 6 - EDUCATION AND TRAINING PROGRAM-FOR PUBLIC EMPLOYERS › Section 8:59-6.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The requirements for training public employees
				about hazardous chemicals can be found in the PEOSH Hazard Communication Standard,
				12:100-7, adopted and enforced by the Public Employees Occupational Safety and
				Health (PEOSH) Programs in the Departments of Labor and Workforce Development and
				Health.
(b) -(c) (Reserved)
(d) All public employers shall submit, attached to
				their Right to Know Survey, a certification that employees who are exposed or are
				potentially exposed to hazardous substances in the course of their employment, have
				received an education and training program that meets the requirements of 8:59-6.3
				that were in effect prior to April 18, 2005, within the deadlines set forth in
				8:59-6.2 that were in effect prior to April 18, 2005. Research and development
				laboratories shall certify by letter that all employees have received an education
				and training program that meets the requirements of 8:59-6.3 by January 1 of each
				year. This requirement shall end after the 2003 Right to Know Survey.
(e) Public employers shall maintain a written
				record of training given to employees prior to the adoption of the PEOSH Hazard
				Communication Standard, on May 3, 2004. This record, at a minimum, shall describe
				the training, the date or dates on which it was given, the names and signatures of
				the employees, and the person conducting the training. These records shall be
				maintained by the public employer for the duration of each employee's employment and
				shall be made available to the Department upon request.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 6 - EDUCATION AND TRAINING PROGRAM-FOR PUBLIC EMPLOYERS › Section 8:59-6.3 - Contents of program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) -(c) (RESERVED)
(d) Every public employer shall post, on bulletin
				boards or in other conspicuous areas in the facility, any posters that the
				Department designs and provides, to inform employees of their rights under the
				Act.
(e) Research and development
				laboratories shall provide their employees appropriate hazardous substance fact
				sheets and available material safety data sheets upon request.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 6 - EDUCATION AND TRAINING PROGRAM-FOR PUBLIC EMPLOYERS › Section 8:59-6.4 - Documentation for program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A public employer
				must maintain the following documentation of all initial and biennial Right to Know
				education and training programs given to employees prior to adoption of the PEOSH
				Hazard Communication Standard on May 3, 2004:
1.
				The date and location of the training program;
2. The name and qualifications of the instructor.
				This shall include a resume or, in the case of consultants who are certified
				pursuant to N.J.A.C. 8:59-12, proof of current certification;
3. Rosters of attendance, which shall include the
				names and signatures of participants for each session. If the classroom and
				walkthrough sessions are given at different times, separate rosters must be
				maintained. The participant's title or job description shall also be listed. For
				emergency responders who have taken the State Police or other Department-approved
				Hazardous Materials Emergency Responder Awareness and Operational training courses,
				certificates from these courses shall be sufficient proof of attendance at these
				courses;
4. Whether the course is an
				initial or biennial program;
5. The
				course objectives, which shall include both cognitive (learned) and behavioral
				goals;
6. A detailed course outline or
				detailed description of covered topics, which shall include the length of time for
				each major topic and which describes the methods of instruction of the
				topics;
7. If a videotape is used to
				cover required subjects, a brief written description of the videotape, including
				title, producer and the subject covered. In place of this description, a copy of the
				videotape may be kept with the education and training program records;
8. Copies of all materials handed out to
				participants; and
9. The methods used to
				evaluate the effectiveness of the program such as tests, exercises or written
				evaluations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 7 - EMPLOYEE AND PUBLIC ACCESS TO INFORMATION › Section 8:59-7.1 - Department obligations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall maintain a file of all
				completed Right to Know Surveys received from public employers and hazardous
				substance fact sheets prepared by the Department or by public employers.
(b) The Department shall retain hazardous
				substance fact sheets that it prepared, and each Right to Know survey and hazardous
				substance fact sheet received from public employers, for 30 years.
(c) Any person may request in writing from the
				department a copy of a Right to Know survey for a facility or a copy of any
				hazardous substance fact sheet.
(d) The
				Department shall transmit any material requested pursuant to (c) above within 30
				days of the request.
(e) The Department
				shall treat as confidential any request made pursuant to (c) above by an employee
				for material pertaining to the facility at which he or she is employed.
(f) Any person who requests the disclosure of
				information for which a trade secret claim has been made or approved shall follow
				the procedures set forth in
8:59-3.10
.
(g) The Department shall not distribute to any
				person, except as provided in
				8:59-3.15, hazardous substance fact
				sheets prepared by public employers for the protection of trade secrets.
(h) The Department shall have the right to charge
				for making and supplying copies of any documents requested by any persons in
				accordance with
				47:1A-1 et seq. The Department shall
				have the right to charge for copies of hazardous substance fact sheets requested by
				any person except for those sent to an employer in response to hazardous substances
				reported on the workplace survey and except for research and development
				laboratories covered by the Act.