New Jersey Administrative Code

(a) The Occupational Noise Exposure Standard, Section 1910.95 of 29 CFR Part 1910, adopted by reference at N.J.A.C. 12:100-4.2(a)6, shall be applicable at indoor firing ranges. (b) To minimize the effect of peak sound pressure levels on individuals in the indoor range, all reflec…

Each firing range should be equipped with a floor drain and trap to facilitate cleaning by a wet method. The drain location should be approximately 20 feet down range of the firing line. The floor should slope two to three inches toward the drain. Notes N.J. Admin. Code § 12:100-…

(a) The ventilation system shall be in operation at all times while the range is in use and during clean-up. (b) The range shall be cleaned by vacuum or a wet method. The use of a hand broom shall be prohibited. Vacuum cleaners shall be equipped with high efficiency particulate f…

(a) The purpose of this chapter is to implement N.J.S.A. 29:4-9 through 12, which requires, among other things, that hotel employers in the hospitality industry provide hotel employees with panic devices for safety purposes, in order to protect such workers from sexual assault an…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means N.J.S.A. 29:4-9 through 12. "Commissioner" means the Commissioner of the Department of Labor and Workforce Development, or his …

(a) A hotel employer must provide a panic device to each hotel employee assigned to work in a guest room without any other employees present. (b) The panic device at (a) above must be provided by the hotel employer at no cost to the hotel employee. (c) A hotel employee may use th…

(a) A hotel employer must do the following: 1. Keep a record of the accusations it receives that a guest has committed an act of violence, including sexual assault, sexual harassment, or other inappropriate conduct toward a hotel employee, and maintain the name of the guest so ac…

The Commissioner and his or her authorized representatives shall enforce and administer the Act and this chapter, and the Commissioner and his or her authorized representatives are empowered to investigate alleged violations of the Act. Notes N.J. Admin. Code § 12:101-4.1 Adopted…

(a) The Commissioner and his or her authorized representatives are empowered to enter and inspect such places of business, question such employees and investigate such facts, conditions, or matters, as they may deem appropriate to determine whether any person has violated any pro…

(a) When it is determined by the Commissioner that a hotel employer has violated any provision of the Act or this chapter, the Commissioner may assess and collect administrative penalties in the amounts that follow: 1. First violation -- not more than $ 5,000. 2. Second and subse…

(a) When the Commissioner assesses an administrative penalty pursuant to N.J.A.C. 12:101-5.1, the employer shall have the right to request a hearing pursuant to (b) below. (b) A request for a formal hearing must be received within 15 calendar days following receipt of the notice …

(a) The purpose of this subchapter is to provide reasonable standards for drinking, toilet and washing facilities for seasonal farm workers when working in a field. (b) This subchapter shall be applicable to all farms subject to N.J.S.A. 34:9A-37 et seq. when 10 or fewer seasonal…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Approved" means acceptable to the Commissioner. Any product certified, or classified, or labeled by a nationally recognized testing agen…

(a) An adequate supply of fresh, cool, potable water shall be provided for workers in the working area, except when cool potable water facilities are available to the workers: 1. At a central facility within 500 feet travel distance of the working area in the field; or 2. At a lo…

(a) Portable containers used to dispense drinking water shall be capable of being tightly closed, and shall be equipped with a tap. (b) Water shall not be dipped from containers. (c) Any container used to distribute drinking water shall be clearly marked as to the nature of its c…

(a) Toilet facilities shall be provided for workers in the working area, except when toilet facilities: 1. Are available to the workers at a central facility within 500 feet travel distance or a five-minute walking time of the working area in the field; 2. Are available to the wo…

(a) Adequate handwashing facilities shall be provided for workers in the working area and in the vicinity of toilet facilities required by this subchapter, except when handwashing facilities: 1. Are available to the workers at a central facility within 500 feet travel distance of…

Failure to comply with the provisions of this subchapter shall subject the farm operator to a fine pursuant to N.J.S.A. 34:9A-40. Notes N.J. Admin. Code § 12:102-1.7

(a) The Commissioner may grant exceptions from this subchapter, provided that it shall be clearly evident that such exception will provide for conditions that are equal to or better than the literal requirements set forth in this subchapter. (b) Toilet facilities are not required…

(a) The rules and regulations contained in this chapter shall be deemed a part of an arbitration agreement between parties whenever in their collective bargaining agreements or submissions they have provided for arbitration through the New Jersey State Board of Mediation or under…

(a) The arbitrator shall interpret and apply the rules in this chapter insofar as they relate to his or her powers and duties. (b) If there is more than one arbitrator and a difference arises among them concerning the meaning or application of any such rules, it shall be decided …

(a) Arbitration proceedings may be instituted in any one of the following methods: 1. Under collective bargaining agreements wherein the board is designated as the agency through which action is to be taken as the final step of the grievance procedure. 2. Either party to such col…

Request for arbitration may be made by either party under a general arbitration clause in a collective bargaining agreement where the parties have agreed by stipulation or otherwise to arbitrate under the administration and rules of the Board. Notes N.J. Admin. Code § 12:105-2.2…

Arbitration may also be initiated by the board, whether or not a collective bargaining agreements exists, upon filing a copy of a written agreement by the parties to arbitrate under the rules and regulations of the board. Notes N.J. Admin. Code § 12:105-2.3

(a) Pursuant to written mutual agreement by the parties certain provisions of the arbitration appointment procedure (as prescribed in subchapter 3) may be modified in order to provide the expedited designation of an arbitrator. (b) The board will endeavor to conform with the wish…

(a) Should questions arise in connection with the request of either party to combine grievances to be heard before the arbitrator, said questions shall be determined by the arbitrator as a threshold issue and in no way will a determination be made by the board. (b) Should questio…

(a) First list: 1. Upon receipt of a Demand or submission for arbitration, the board shall submit simultaneously to the parties an identical list of 10 names chosen from the panel, including a biographical sketch and a per diem fee for each arbitrator. 2. Each party within 10 wor…

A member of the panel shall not serve as arbitrator in any proceeding if he or she has any financial or personal interest in the result of the arbitration unless the parties, in writing, waive such disqualification. Notes N.J. Admin. Code § 12:105-3.2 Amended by R.1996 d.26, effe…

If after designation any arbitrator resigns, dies, withdraws, refuses or is unable to perform his or her duties, the board shall rescind the appointment and shall fill the vacancy in the same manner as the original appointment (as prescribed in section 1 of this subchapter) and t…

(a) An arbitrator, once appointed, shall communicate with the parties and endeavor to make satisfactory arrangements for the date, time and place of the hearing. In the event that satisfactory arrangements cannot be made with the parties, the arbitrator shall have the power to se…

(a) At the arbitration hearing, the parties may offer such evidence as they desire and shall produce such additional evidence as the arbitrator may deem necessary. Conformance to legal rules of evidence is not necessary, and the arbitrator shall be the judge of the relevancy and …

If the arbitrator deems it necessary, he or she may make an inspection in connection with the subject matter of the dispute after written notice to the parties who may, if they so desire, be present at such inspection. Notes N.J. Admin. Code § 12:105-4.11 Amended by R.1996 d.26, …

(a) The arbitrator shall specifically ask the parties whether they have further evidence or witnesses to produce before terminating the hearings. If not, the arbitrator shall declare the hearings closed. (b) The arbitrator shall declare the hearings closed as of the final date es…

The hearing may be reopened by the arbitrator upon his or her own motion or at the request of either party for good cause shown at any time before the award is made, with the arbitrator to be the sole judge of the sufficiency of the reason. When hearings are reopened, the effecti…

Prior to the hearing, arbitrators shall sign an oath of arbitrator. The arbitrator is required to provide the board with a signed oath. Notes N.J. Admin. Code § 12:105-4.2

The parties to the arbitration shall sign an original and three copies of the submission form prior to arbitration. The original shall be retained by the board, the arbitrator and the parties to the dispute shall each retain a copy. Notes N.J. Admin. Code § 12:105-4.3

After appointment, the legal relationship of an arbitrator is with the parties and not with the board. Notes N.J. Admin. Code § 12:105-4.4

(a) The postponing of a scheduled hearing or the adjourning of a hearing is entirely within the discretion of the arbitrator. (b) If either or both of the parties seek a postponement or cancellation with n1 48 hours (two working days) of the time agreed upon for the conduct of a …

Any party may be represented at the hearing by counsel, subject to existing state laws, provided that any party intending to be so represented shall notify the other party and the board at least three days prior to the date set for the hearing at which counsel is to first appear.…

A stenographic record of arbitration proceedings may be taken. Should one of the parties desire to make such a record at its own expense and the other party refuses to share in the cost, it shall not be necessary for the party arranging for such record to supply a copy to the oth…

(a) Persons having a direct interest in the arbitration are entitled to attend hearings, but it shall be discretionary with the arbitrator to determine the propriety of attendance of any other persons. (b) Such arbitrator shall have the power to require the retirement of any witn…

Where more than one arbitrator is sitting in a case, all decisions of the arbitration board shall be by majority vote unless the power of making such decision is delegated to the chairperson; all awards shall be by majority vote unless concurrence of all is specifically required …

(a) The award shall be made promptly within the time limit set in the agreement between the parties or a mutually agreed upon extension but in no case more than 30 days after the closing of hearing. (b) If a decision is not rendered after 30 days, it is the obligation of the part…

(a) The award shall be in writing, signed by the sole arbitrator or by the majority of an arbitration board, and the signature or signatures shall be witnessed by a qualified notary. (b) The award may or may not be followed or accompanied by an opinion by the sole arbitrator or t…

If a dispute is settled during the course of an arbitration, the arbitrator may, upon request of the parties, set forth the terms of the agreed settlement in an award. Notes N.J. Admin. Code § 12:105-5.3

The award shall be sent to the parties and to the board. The parties shall accept as legal delivery of the award the placing of the award or a true copy thereof in the mails addressed to such parties or their attorneys at their last known addresses. It is the responsibility of th…

After an award has been delivered to the parties, such award shall be final and binding upon them subject only to due process of law. Notes N.J. Admin. Code § 12:105-5.5

An arbitrator becomes functus officio upon signing his or her award and he or she may not add to, subtract from or in any way explain, correct or modify his or her award unless all parties, in writing, agree to reinstate his or her authority. Notes N.J. Admin. Code § 12:105-5.6 A…

Any party who proceeds with an arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state his or her objection thereto in writing shall be deemed to have waived his or her right to appeal. Notes N.J. Admin. Code …

(a) The New Jersey State Board of Mediation established by the "New Jersey Labor Mediation Act" (N.J.S.A. 34:13A-1 et seq.) is restricted in its functions to voluntary mediation and arbitration and is not authorized by statute, except in public utility disputes, to order election…