reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 7 - ASBESTOS WORK NOTIFICATION REQUIREMENTS › Section 12:120-7.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 7 - ASBESTOS WORK NOTIFICATION REQUIREMENTS › Section 12:120-7.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 12:120-8.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 12:120-8.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 8 - APPEALS AND COMPLAINTS › Section 12:120-8.3 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:120-9.1 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:120-9.2 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 9 - STANDARDS AND PUBLICATIONS REFERRED TO IN THIS CHAPTER › Section 12:120-9.3 - 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 N.J.A.C. 12:120-9.1 and 8:60-9.1.
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New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - 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 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 1 - GENERAL PROVISIONS › Section 12:121-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated to establish reasonable standards for:
1. The licensing of certain crane operators;
2. The establishment of a code of ethics and standards for licensing of crane operators in congruence with all Occupational Safety and Health Act standards of practice for the safe operation of cranes; and
3. Enforcement of the Licensing of Crane Operators Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 1 - GENERAL PROVISIONS › Section 12:121-1.2 - Adoptions by reference

Current through Register Vol. 56, No. 14, July 15, 2024
The American Society of Mechanical Engineers (ASME) B30.5-2000 and its subsequent editions are hereby incorporated as a rule of safety standard for the operation of cranes.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 1 - GENERAL PROVISIONS › Section 12:121-1.3 - Validity

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, paragraph, sentence or word of this chapter is determined to be invalid by any court of competent jurisdiction, such determination shall not affect or impair the validity of the remainder of this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 3 - CRANE OPERATORS LICENSE ADVISORY BOARD › Section 12:121-3.1 - Establishment of the Crane Operators License Advisory Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Crane Operators License Advisory Board shall be established within the Department of Labor and Workforce Development consisting of seven members who are residents of the State of New Jersey, as follows:
1. The Commissioner or his or her designee, as the chairperson, serving ex-officio and representing the Department of Labor and Workforce Development;
2. One heavy highway, utility, or transportation construction contractor representative;
3. A building contractor representative; and
4. Four licensed crane operators who have been actively engaged in crane operations in this State for at least five years immediately preceding their appointment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 3 - CRANE OPERATORS LICENSE ADVISORY BOARD › Section 12:121-3.2 - Reimbursement of Board members

Current through Register Vol. 56, No. 14, July 15, 2024
Members of the Board shall be reimbursed for expenses attendant to their duties and provided with office and meeting facilities and personnel required for the proper conduct of the Board's business.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 3 - CRANE OPERATORS LICENSE ADVISORY BOARD › Section 12:121-3.3 - Duties of the Board

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall advise the Commissioner in establishing, prescribing or changing the rules necessary to effectuate the purposes of the Act. It shall also:
1. Meet at least twice a year and may hold additional meetings as necessary to discharge its duties;
2. Approve and recognize the certification programs of any organization found by the Board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the National Commission of Certifying Agencies;
3. Advise the Commissioner in the establishing, prescribing or changing of fees to the extent necessary to defray all proper expenses incurred by the Board in the performance of its duties, and any staff employed to administer the Act; and
4. Annually elect from its members a vice-chairperson and may appoint a secretary, who need not be a member of the Board.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.1 - Scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the procedures required to obtain or to renew a license as a crane operator.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.2 - Eligibility requirements for obtaining a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall issue a license to each applicant who satisfies the requirements listed below. The applicant for a license shall:
1. Be at least 18 years of age at the time of application;
2. Maintain a current medical examiner's certificate;
3. Possess at the time of application either one of the following:
i. A current NCCCO certificate that meets the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies; or
ii. An equivalent certification found by the Board to meet the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies;
4. Have at least 1,000 hours of crane-related experience; and
5. Submit a license application completed in accordance with 12:121-4.3 and 4.6.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.3 - Procedures for completing license application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant for a license shall complete an application, which can be obtained from the Department of Labor and Workforce Development at:
Division of Public Safety and Occupational Safety and Health
Office of Public Safety Compliance
1 John Fitch Plaza, 3rd Floor
PO Box 386
Trenton, NJ 08625-0386
(b) Each applicant shall provide the following information to the Department of Labor and Workforce Development:
1. Name, address, date of birth, age, sex, height, weight, eye color, driver's license number, and telephone number;
i. Proof that the applicant is at least 18 years of age at the time of the application shall be provided with the application by submitting a notarized photocopy of one or more of the following documents:
(1) Photo driver's license;
(2) County/State identification;
(3) Passport; or
(4) Birth certificate;
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.4 - License renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Renewals shall be applied for in the same manner as initial license applications.
(b) An application for renewal shall be submitted at least 45 days prior to the expiration date of the license.
1. It is the duty and responsibility of the licensee to renew his or her license on forms prescribed by the Department of Labor and Workforce Development.
2. The filing date of the renewal application shall be deemed to be the date the envelope is postmarked, or, if hand-delivered, the date it is received and date-stamped in the Department of Labor and Workforce Development office.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.5 - Replacement and/or duplicate licenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An altered, defaced, mutilated, lost, or stolen license may be replaced upon written request of the license holder and only after a review of the circumstances by the Commissioner.
1. Any individual who loses his or her license or has it stolen shall immediately notify the Department of that fact in writing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.6 - License fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application fee of $ 250.00 for five years shall be submitted with the original (initial) application for license, completed per the requirements of 12:121-4.3.
(b) A renewal license application fee of $ 250.00 for five years shall be submitted with the completed renewal application for license, per the requirements of 12:121-4.4.
1. A late fee of $ 25.00 shall be assessed for failing to renew a license at least 45 days prior to its expiration date;
2. An additional late fee of $ 50.00 shall be assessed if the license had expired more than 365 calendar days after the date on which the expiration occurred.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.7 - Granting of license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A license shall be granted in accordance with (b) below when the individual applicant complies with the requirements of 12:121-4.2 and 4.3.
(b) The license shall:
1. Be in writing;
2. Contain the name and address of the operator to whom it is issued;
3. Contain the license holder's unique identification number;
4. Contain the date of issuance and the date of expiration; and
5. Contain a photograph of the face of the licensee in accordance with 12:121-4.3(b)4.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.8 - License duration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licenses shall be issued for a period of five years and may be renewed when the applicant provides proof of recertification by the NCCCO or any other organization found by the Board to offer an equivalent testing and certification program which meets the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies.
(b) A license shall be automatically canceled on the date of its expiration. Any person performing the duties of a licensee and holding an expired license shall be subject to the penalty provisions of the Act.
(c) Any person using fraudulent means to obtain a license shall be subject to civil and criminal prosecution under the Act. Any license acquired through such means shall be invalid.
(d) In all cases where the Commissioner refuses to grant a license or to renew a license, the person shall have the right to an informal conference or formal hearing, or both, in accordance with the Administrative Procedure Act, P.L. 1968, c.410 (52:14B-1 et seq.), and the Uniform Administrative Procedure Rules (N.J.A.C. 1:1).
(e) Crane operators holding long boom licenses issued by the State as of the effective date of the Act, April 1, 2004, shall not be required to be licensed pursuant to the Act and these rules until the expiration of said licenses.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 4 - LICENSING › Section 12:121-4.9 - Identification of a licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each individual operating a crane as defined in 12:121-2.1 shall have his or her crane operator license available at the site of crane operation and readily available for inspection by representatives of the Commissioner of the Department of Labor and Workforce Development.
1. A crane operator's license shall be valid only in conjunction with:
i. A current certification from the NCCCO or an equivalent form of current certification accepted by the Board; and
ii. A current medical examiner's certificate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 5 - ACCIDENT NOTIFICATION REQUIREMENTS › Section 12:121-5.1 - Accident notification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All crane-related accidents resulting in injury to a person or persons or damage to property shall be reported to the Department in writing by the crane operator or by the crane operator's employer when the crane operator is unable to do so, within 24 hours of occurrence. The information provided must include:
1. The crane operator's name, complete address, the crane operator's unique identification number, and the crane operator's telephone number;
2. The location, date and time of the incident;
3. The type of crane involved in the incident;
4. The name of the employer of the crane operator with the employer's business address and telephone number;
5. The nature of injury or injuries to a person or persons with the name and address of the injured person or persons;
6. The nature of damage(s) to property with the name and address of the property owner as well as the location of the damaged property; and
7. Any other relevant information that may assist in the incident investigation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 6 - SUSPENSION, REVOCATION OR REFUSAL TO GRANT A LICENSE › Section 12:121-6.1 - Suspension or revocation of a crane operator's license or refusal to grant a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the grounds for license revocation as set forth in 45:1-21, the Commissioner may refuse to grant or may suspend or revoke a crane operator's license for any good cause within the meaning and purposes of the Act or this chapter or if that individual has:
1. Obtained a certification, registration, license or authorization to sit for an examination through fraud, deception, misrepresentation or under false pretense;
2. Fraudulently or deceitfully performed work for which a license is required under this Act;
3. Engaged in gross negligence or gross incompetence which damaged or endangered the life, health, welfare, safety or property of any individual;
4. Caused or contributed in any manner which directly or indirectly resulted in an injury to a person or damage to property;
5. Engaged in repeated acts of negligence or incompetence;
6. Engaged in professional or occupational misconduct as may be determined by the Commissioner;
7. Been convicted of, or engaged in acts constituting, any crime or offense relating adversely to the licensing activity as may be determined by the Commissioner;
8. Been debarred from public contracting pursuant to 34:11-56.2 5 et seq.;
9. Had his or her authorization, certification, or license to engage in work as a crane operator revoked or suspended by any other state, the District of Columbia or a United States commonwealth, territory or possession, agency or authority;
10. Violated or failed to comply with the provisions of P.L. 2003, c. 171, 45:26-1 et seq., or this chapter, as may be determined by the Commissioner;
11. Demonstrated the incapacity or incapability, for medical reasons or any other good cause, of discharging the functions of a licensee in a manner consistent with public health, safety or welfare;
12. Engaged in present or past drug or alcohol use that is likely to impair the skill and safety necessary to operate a crane, or any duties pertaining thereto;
13. Facilitated, permitted, or allowed an unlicensed individual to perform an act for which a crane operator license, registration, authorization or certification is required, or aided and abetted an unlicensed individual in performing such an act;
14. Falsely or fraudulently advertised his or her services as a crane operator;
15. Acted in a manner which demonstrates incompetence;
16. Committed or caused the commission of any violation of P.L. 2003, c. 171, 45:26-1 et seq., or this chapter;
17. Loaned, abandoned, or allowed his or her license to pass from his or her personal control;
18. Violated an administrative order issued by the Commissioner; or
19. Demonstrated that he or she is unfit to hold a license for any valid reason as may be determined by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 7 - ENFORCEMENT › Section 12:121-7.1 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful for any person, partnership, firm, association, or corporation, and/or any officer, agent, or employee thereof, to violate or proximately contribute to the violation of any of the provisions of the Act or of the rules promulgated pursuant thereto.
(b) Each incident which occurs in violation of the Act's provisions shall constitute an additional, separate and distinct offense.
(c) It shall be unlawful for anyone to engage in the operation of a crane, offer himself or herself for employment as a crane operator or otherwise act, attempt to act, present or represent himself or herself as a crane operator unless licensed as such under the provisions of the Act.
(d) It shall be unlawful for any employer to permit a person to engage in the operation of a crane, offer himself or herself employment as a crane operator or otherwise act, attempt to act, present or represent himself or herself as a crane operator unless licensed as such under the provisions of the Act.
(e) Any violation of this Act and regulations by an employee, acting within the scope of his or her authority, of any person, partnership, firm, association, or corporation also shall be deemed to be a violation committed by the person, partnership, firm, association, or corporation.
(f) It shall be unlawful for a crane operator or employee, acting within the scope of his or her authority, of any person, partnership, firm, association, or corporation to violate any provision of the Act and/or this chapter.
(g) It shall be a violation to loan, abandon, or allow the license to pass from the licensee's personal control.
(h) It shall be a violation for any individual to fail to comply with an order from the Commissioner pertaining to the Act and this chapter within the time specified by such order.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 7 - ENFORCEMENT › Section 12:121-7.2 - Orders to cease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commissioner shall enforce the provisions of the Act, make complaints against persons violating provisions of the Act and the rules adopted thereunder, and prosecute such violations.
(b) The Commissioner, and any duly authorized representative of the Commissioner, shall have the authority to enter and inspect any place or establishment covered by the Act and inspect the licensing credentials of all crane operators. If, upon inspection, the Commissioner discovers a condition which exists in violation of the provisions of the Act or this chapter, he or she shall be authorized to order such violation to cease.
(c) Orders to cease shall:
1. State with specificity the nature of the cited violation(s) of the provisions of the Act or this chapter; and
2. Provide a reasonable, specified time within which the required remedial action shall be taken by the person responsible, if applicable.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 7 - ENFORCEMENT › Section 12:121-7.3 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any violation of any of the provisions of the Act or of these rules promulgated pursuant thereto shall be punishable by a monetary penalty of not less than $ 100.00 and not more than $ 10,000 for each violation. For a second or a subsequent offense a penalty of not less than $ 500.00 and not more than $ 100,000 shall be imposed for each violation. Penalties shall be collected in accordance with "The Penalty Enforcement Law of 1999," P.L. 1999, c. 274, 2A:58-10 et seq.
(b) Any violation of the Act by an officer, agent or employee may also be deemed to be a violation committed by the employer who will be penalized therefor under the terms of the Act and of this chapter.
(c) Where the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
(d) The Commissioner, at his or her discretion, may compromise and settle any claim for a penalty imposed under the Act in such amount as he or she deems to be appropriate and equitable under all of the circumstances, including, but not limited to:
1. The past record of compliance with provisions of the Act by the person cited;
2. The degree of cooperation afforded to the Commissioner's representatives by the person cited in securing compliance with the provisions of the Act;
3. Whether the violation was willful in nature; and
4. Whether the violation resulted in injury or bodily harm.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 8 - HEARINGS › Section 12:121-8.1 - Hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No penalty shall be collected pursuant to 12:121-7.3 unless the person cited is first provided with:
1. Notification of the violation;
2. The amount of the penalty to be imposed; and
3. An opportunity to request a formal hearing.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 121 - LICENSING OF CRANE OPERATORS › Subchapter 9 - AVAILABILITY OF DOCUMENTS › Section 12:121-9.1 - Availability of documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Copies of the publications referred to in this chapter may be obtained from the following organizations:
1. The American Society of Mechanical Engineers publishes Mobile and Locomotive Cranes, B30.5 and addenda. This publication and its addenda are available from:
The American Society of Mechanical Engineers
22 Law Drive, Box 2900
Fairfield, New Jersey 07007
or
The American Society of Mechanical Engineers
Three Park Avenue
New York, New York 10016
2. The ASME B30.5 publication and its addenda are also available from:
The American National Standards Institute
11 West 42nd Street
New York, New York 10036
3. The NCCCO or CCO Certification information may also be obtained from:
The National Commission for the Certification of Crane Operators
2750 Prosperity Ave.
Fairfax, VA 22031-4312
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 1 - PURPOSE AND SCOPE › Section 12:185-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Chapter is promulgated to establish reasonable minimum requirements for the construction, operation and maintenance of pits and quarries in the interest of the life, health and safety of employees, as well as protection of property.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 1 - PURPOSE AND SCOPE › Section 12:185-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This Chapter is applicable to every quarry, sand pit, gravel pit, clay pit and shale pit in this State.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 1 - PURPOSE AND SCOPE › Section 12:185-1.3 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
In cases of practical difficulty or unnecessary hardship, the Commissioner may grant exceptions from this Chapter provided that a request for such exception has been made in writing. Exceptions can only be granted when it is clearly evident that a satisfactory, safe and sanitary condition is attained, but cannot be granted in any case where conflict would be created with mandatory requirements of the law.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 2 - DEFINITIONS › Section 12:185-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Abandoned" means the relinquishment of rights, with the intention of not returning to perform work at any quarry or pit.
"Approval" means approved by the Commissioner.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her authorized representatives.
"Employee" means any person or persons who shall work on, in or about any mill excavation, quarry, sand pit, clay pit, gravel pit or shale pit of whatever kind or character as defined in this section.
"Employer" means any owner, agent, manager, superintendent, foreman, lessee or other person or persons, whether individual partnership, corporation or association, having charge of any mill, excavation, quarry, sand pit, clay pit, gravel pit or shale pit of whatever kind or character as defined in this section.
"Explosives" are as defined in 21:1A-129.
"Face" or "bank" means the sides from the bottom or floor of a pit or quarry to the surface surrounding the pit. Where one or more benches or levels are used in a pit, each bench or level has a separate face.
"Mill" means any ore mill, crushing, grinding or screening plant.
"Mineral" means any metalliferous or nonmetalliferous substance that can be extracted from the earth for profit.
"Pit" or "quarry" includes any excavation, pit, bank or open cut working for the extraction of stone, rock, gravel, sand or any other mineral and shall embrace any and all parts of the property of such quarry or open pit mine that contribute directly or indirectly to the extraction of such mineral.
"Shall" means a mandatory requirement.
"Should" means an advisory or recommended practice.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 3 - GENERAL PROVISIONS › Section 12:185-3.1 - Health and safety requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Every pit and quarry shall be so excavated, equipped, arranged, operated, maintained and conducted in all respects as to provide reasonable and adequate protection for the life, health and safety of all persons employed therein or legally frequenting the same and to provide for the protection of property. Every person shall comply with all applicable requirements contained in this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 3 - GENERAL PROVISIONS › Section 12:185-3.2 - Requirements imposed by Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner, by written order, shall impose reasonable requirements not contained in this chapter if in the opinion of the Commissioner a sufficient hazard exists.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 3 - GENERAL PROVISIONS › Section 12:185-3.3 - Use of existing equipment

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this chapter shall prevent the use of existing equipment during its lifetime, when maintained in good condition and performing with the proper safety factor, and used as required by existing safety standards prior to the effective date of this chapter, but provided that all replacements shall conform to all the provisions herein contained.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 4 - INTOXICATING LIQUORS › Section 12:185-4.1 - Intoxicated persons

Current through Register Vol. 56, No. 14, July 15, 2024
No person while under the influence of intoxicating liquors, beverages or drugs, shall enter or be permitted to enter or to loiter about any pit or quarry, buildings or other part of the working premises.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 4 - INTOXICATING LIQUORS › Section 12:185-4.2 - Exclusion

Current through Register Vol. 56, No. 14, July 15, 2024
No intoxicating liquors, beverages or drugs shall be permitted in, at or around any pit or quarry, building or other parts of the working premises.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 5 - ACCIDENT REPORTS › Section 12:185-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
If an accident occurs at a pit or quarry involving serious personal injury to any person or persons which will prevent the injured person from resuming work on his regular shift, such accident will promptly be reported to the Commissioner by the employer. A copy of the employer's report sent to the Division of Worker's Compensation shall be sufficient compliance with the requirement. Fatal accidents shall be reported to the Commissioner by the employer within 24 hours of the occurrence.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 5 - ACCIDENT REPORTS › Section 12:185-5.2 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
Every employer shall maintain a record of all accidents resulting in disabling injuries which record shall include the type of injury, cause of injury, the agent of injury and time lost by the injured person.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 6 - ACCIDENT INVESTIGATION › Section 12:185-6.1 - Investigation by Commissioner

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner upon receipt of a notice of serious injury will investigate the same and make a report one copy of which shall be forwarded to the employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 6 - ACCIDENT INVESTIGATION › Section 12:185-6.2 - Scene of accident, commencement of investigation

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall, except for the purpose of saving life or relieving human suffering, interfere with, destroy, carry away or alter the position of any wreckage, articles or things at the scene of, or connected with a fatal accident until the Commissioner has commenced an investigation of the circumstances surrounding the fatality. This investigation shall commence within four hours after notification by the employer, provided however that the said time is within an operating shift.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 6 - ACCIDENT INVESTIGATION › Section 12:185-6.3 - Investigation by employer, corrective action

Current through Register Vol. 56, No. 14, July 15, 2024
All accidents involving disabling personal injury shall be thoroughly investigated by the employer. The employer shall take such corrective action as he may determine to be necessary as the result of his investigation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 7 - EMPLOYMENT LIMITATIONS › Section 12:185-7.1 - Age

Current through Register Vol. 56, No. 14, July 15, 2024
No person under the age of 18 years shall be employed or permitted to be employed in or about any pit or quarry.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 8 - ASSIGNMENT OF EMPLOYEES › Section 12:185-8.1 - Inexperienced employee

Current through Register Vol. 56, No. 14, July 15, 2024
The employer shall not assign any inexperienced employee to any work for which he or she is not qualified to do, unless he or she is put to work with an experienced and qualified person whose duty it shall be to instruct the employee in the safe and proper performance of his or her duties; nor shall he or she knowingly place any employee in any job which he or she is physically unable to do.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 8 - ASSIGNMENT OF EMPLOYEES › Section 12:185-8.2 - Non-English speaking employees

Current through Register Vol. 56, No. 14, July 15, 2024
No employer shall assign any employee who does not understand the English language to any duty or place where this lack or partial lack of understanding or speaking English might be seriously harmful to his or her own safety or the safety or well-being of other employees.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 8 - ASSIGNMENT OF EMPLOYEES › Section 12:185-8.3 - Hazardous condition

Current through Register Vol. 56, No. 14, July 15, 2024
No employee shall be permitted to work under or near a face or bank where he or she is endangered by materials rolling or sliding down the face or bank, nor anywhere there is danger from loose rock or overhang, until the dangerous or hazardous condition has been remedied.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 8 - ASSIGNMENT OF EMPLOYEES › Section 12:185-8.4 - Instruction

Current through Register Vol. 56, No. 14, July 15, 2024
The employer shall furnish adequate instruction so that new employees, or employees assigned to new work, will not endanger themselves or others by the unsafe use of hazardous machinery, tools or equipment or any methods, operations or processes.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 9 - NOTIFICATION OF OWNERSHIP › Section 12:185-9.1 - Change in name or ownership

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever there has been a change of a name of the operating company, or a change of ownership of any pit or quarry, as defined in 12:185-2.1, the successor employer shall immediately notify the Commissioner in writing, giving the name of the former employer and the name of the new employer, with their addresses or the change in the name of the pit or quarry.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 9 - NOTIFICATION OF OWNERSHIP › Section 12:185-9.2 - Resumption of operations

Current through Register Vol. 56, No. 14, July 15, 2024
The employer shall notify the Commissioner in writing of the resumption of operations at a pit or quarry which has not been in production for one year.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 10 - ABANDONED OPERATIONS › Section 12:185-10.1 - Plan filing

Current through Register Vol. 56, No. 14, July 15, 2024
Within one month after the abandonment of any quarry the employer shall file with the Commissioner an accurate plan showing the workings of the quarry up to the time of abandonment and the boundaries of the property in which these workings are situated.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 10 - ABANDONED OPERATIONS › Section 12:185-10.2 - Permanent record

Current through Register Vol. 56, No. 14, July 15, 2024
The plan filed under 12:185-10.1 shall be preserved as a permanent record, but no persons except officials of the Department shall be permitted, without the consent of the owner, to see the plans so filed until after a lapse of 10 years of abandonment, except when in the opinion of the Commissioner it is necessary in the interests of safety to show the plan to the owner of the adjoining property or of surface rights.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 10 - ABANDONED OPERATIONS › Section 12:185-10.3 - Safeguards

Current through Register Vol. 56, No. 14, July 15, 2024
The owner, agent or lessee of any abandoned pit or quarry which is dangerous by reason of its depth or other conditions, shall place or cause to be placed guardrails, fences or other approved means, sufficient to prevent any accidental fallings into any abandoned pit or quarry and shall keep them in good repair.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 10 - ABANDONED OPERATIONS › Section 12:185-10.4 - Safeguard requirements

Current through Register Vol. 56, No. 14, July 15, 2024
The fence referred to in 12:185-10.3 shall be not less than six feet high and signs marked "Danger--Keep Out" shall be placed thereon or in the vicinity of any excavation.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 185 - PITS AND QUARRIES (SAFETY REGULATION NUMBER 12) › Subchapter 10 - ABANDONED OPERATIONS › Section 12:185-10.5 - Responsibility for work and expense

Current through Register Vol. 56, No. 14, July 15, 2024
When the Commissioner finds that any fencing or other safeguards are required in order to avoid danger to persons or property, he or she may cause the work to be done and all expenses incurred thereby shall be chargeable to and shall be paid by the owner, agent or lessee.