New Jersey Administrative Code

All variances from a standard which are granted pursuant to N.J.S.A. 34:6A-39 shall have only future effect. In his discretion, the Commissioner may decline to entertain an application for a variance on a subject or issue when an order has been issued to the employer involved and…

Every final action granting a variance shall specify the alternative to the standard involved which the particular variance permits. Every such final action shall be posted for at least 30 days at the place or places where notices to employees are normally posted. The employer sh…

(a) No particular form is prescribed for applications and other papers which may be filed in proceedings for a variance. Any applications and other papers shall be clearly legible. (b) An original and two copies of any application or other papers shall be filed. Clear carbon copi…

(a) Pursuant to N.J.S.A. 34:6A-39, any employer or group of employers, may request a temporary variance from a standard, or provision thereof, by filing a written application containing the information specified in (b) below with the: Commissioner of Labor and Workforce Developme…

(a) Pursuant to N.J.S.A. 34:6A-39, any employer or group of employers, may request a permanent variance and may file a written application containing the information specified in (b) below with the: Commissioner of Labor and Workforce Development New Jersey Department of Labor an…

(a) An affected employer or an affected employee, group of employees, or employee representative, may apply, in writing, to the Commissioner for a modification or revocation of an order for a permanent variance any time after six months from its issuance. The application shall co…

(a) If an application filed pursuant to N.J.A.C. 12:110-6.5, 6.6 or 6.7 does not conform to the provisions required in the applicable section, the Commissioner may deny the application. (b) Prompt notice of the denial of an application shall be given to the applicant. 1. A notice…

(a) Any application for a temporary variance, renewal of a temporary variance, permanent variance or revocation or modification of a permanent variance shall be transmitted by the Commissioner to the Office of Administrative Law for hearing before an administrative law judge upon…

This subchapter establishes the procedural rules governing a public employee's allegations of discrimination by a public employer or person. Notes N.J. Admin. Code § 12:110-7.1

(a) Employees who refuse to comply with occupational safety and health standards or valid safety or health rules implemented by the employer in furtherance of the Act are not considered to be exercising any rights afforded by the Act. (b) Disciplinary measures taken by employers …

(a) No employer or person shall discharge, or in any manner discriminate against any employee, because the employee has directly or indirectly: 1. Filed any complaint pursuant to, or related to, the Act with the employer, the Commissioner of Labor and Workforce Development, the C…

(a) Actions taken by an employer, or others, which adversely affect an employee may be predicated upon nondiscriminatory grounds. The proscriptions of the Act apply when the adverse action occurs because the employee has engaged in protected activities. An employee's engagement i…

(a) All complaints to the Commissioner shall be in writing, signed by the person complaining (complainant) or his or her representative and shall include the reason for the complaint and the specific relief requested. (b) The complaint shall be filed with the Commissioner within …

(a) The burden of proof in any proceeding under this section shall rest with the employee. (b) In the absence of any direct evidence of retaliation by the employer for the employee's exercise of protected rights under this Act, a prima facie case must be established by the employ…

(a) Warnings, reprimands, or derogatory references resulting from the protected activity which may have been placed in the complainant's personnel file shall be expunged. (b) Reinstatement of the employee, back pay, benefits, seniority and reasonable legal costs may be awarded in…

(a) Within 10 days of receipt of the complaint, the Commissioner, or his or her designee, shall make an initial determination based on the information contained therein and upon any personal contact with the complainant, if such had been deemed necessary, to determine whether an …

(a) If the Commissioner determines that the request for a hearing was timely filed, he or she shall transmit the matter to the Office of Administrative Law for hearing before an administrative law judge. See N.J.A.C. 1:1 for Office of Administrative Law hearing procedures. (b) At…

(a) The Act does not afford employees the right to walk off the job because of potential unsafe conditions at the workplace. (b) If hazardous conditions that may be violative of the Act are not corrected by the employer once brought to his or her attention or if there is dispute …

(a) This subchapter sets forth the requirements for the establishment of a consultation program for public employers. Notes N.J. Admin. Code § 12:110-8.1

(a) The Commissioner and the Commissioner of Health may make available to public employers a method to assist employers and employees in reducing and eliminating occupational safety and health hazards through non-enforceable On-Site Consultation initiatives. (b) The service shall…

(a) During a consultation, the employer shall: 1. Take immediate steps to eliminate employee exposure to imminent danger conditions; 2. Abate all serious hazards identified on or before mutually agreed upon abatement dates; 3. Allow consultants to confer with individual employees…

Employees, employee representatives and members of any workplace safety and health committee shall be encouraged to participate in the on-site consultation, to the extent feasible, as determined by the employer. In the opening conference, the consultant shall encourage the employ…

(a) The Commissioner of Labor and Workforce Development shall determine appropriate mechanisms to promote the availability of consultation programs. (b) Consultation activity shall be provided only at the request of the employer. (c) Employers requesting consultation shall be enc…

(a) Prior to the visit, the consultant may obtain from the employer safety and health related documents which he or she deems necessary regarding employer establishments or operations which are encompassed by the consultation request. (b) An initial on-site visit shall consist of…

(a) Consultations shall be conducted independent of any PEOSH enforcement activity. The discovery of hazards shall not result in citations or penalties. Hazards shall only be reported to the PEOSH enforcement authority if they are not abated by the mutually agreed upon dates or e…

(a) Unless offered by the employer, a consultant's written report shall not be considered by the enforcement officer in a subsequent enforcement inspection. If offered by the employer, such report shall not be binding on the enforcement officer. Notes N.J. Admin. Code § 12:110-8.…

(a) The full title and edition of each of the standards or publications referred to in this chapter are as follows: 1.N.J.S.A. 34:6A-25 et seq., New Jersey Public Employees Occupational Safety and Health Act. Notes N.J. Admin. Code § 12:110-9.1

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 regular working days: New Jerse…

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 liste…

The purpose of this chapter is to set forth the appeal procedures of the New Jersey Public Employees Occupational Safety and Health Review Commission. Notes N.J. Admin. Code § 12:112-1.1 Amended by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jers…

Upon the motion of the Chairperson or the Review Commission, or upon the motion of any party, the Chairperson or the Review Commission may, for good cause, order any proceeding severed with respect to some or all issues or parties. Notes N.J. Admin. Code § 12:112-1.10 Recodified …

Notes N.J. Admin. Code § 12:112-1.11 Recodified to N.J.A.C. 12:112-1.8 by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Filing".

Notes N.J. Admin. Code § 12:112-1.12 Recodified to N.J.A.C. 12:112-1.9 by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Consolidation".

Notes N.J. Admin. Code § 12:112-1.13 Recodified to N.J.A.C. 12:112-1.10 by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Severance".

This chapter shall govern all matters, including uncontested cases, before the Review Commission. Contested cases transmitted to the Office of Administrative Law shall be governed by N.J.A.C. 1:1. Notes N.J. Admin. Code § 12:112-1.2 Amended by R.1998 d.456, effective 9/8/1998. Se…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Act" means the New Jersey Public Employees Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq. "Chairperson" means the Review Co…

(a) In computing any period of time prescribed or allowed in this chapter, the day from which the designated period begins to run shall not be included. (b) The last day of the period so computed shall be included unless it is a Saturday, Sunday, Federal holiday, or State holiday…

Requests for extensions of time for the filing of any document shall be in writing, addressed to the Chairperson of the Review Commission and received in advance of the date on which the document is due to be filed. Extensions of time shall be honored for good cause. Notes N.J. A…

(a) The initial document filed by any party or non-party shall contain his or her name, address, and telephone number. Any change in such information shall be communicated promptly in writing to the Review Commission and to all other parties and non-parties. (b) A party or non-pa…

(a) At the time of filing documents, a copy shall be served by the filing party on every other party or non-party. (b) Service upon a party or non-party who has appeared through a representative shall be made only upon such representative. (c) Unless otherwise ordered, service ma…

(a) Prior to the assignment of a case to the Review Commission, all papers shall be filed with the Commissioner at PO Box 386, Trenton, New Jersey 08625-0386. Subsequent to the assignment of the case to the Review Commission, and before the issuance of its decision, all papers sh…

Cases may be consolidated upon the motion of the Chairperson or the Review Commission or upon the motion of any party, where there exist common parties, common questions of law or fact, or both, or in such other circumstances as the administration of the Act require. Notes N.J. A…

(a) A petition for a non-party to participate as a witness or in an amicus curiae capacity shall be filed at least 10 days before the commencement of the meeting of the Review Commission. (b) The petition shall set forth the interest of the non-party in the matter before the Revi…

(a) When a meeting is held, any party or non-party may appear in person or through a representative. (b) A representative of a party or non-party shall be deemed to control all matters respecting the interest of such party or non-party in the matter before the Review Commission. …

(a) A representative of a party or non-party shall indicate such by signing the first document filed on behalf of the party or non-party in accordance with (b) below, or thereafter by filing a notice of representation in accordance with (c) below. (b) If the first document filed …

(a) All representatives appearing before the Review Commission shall comply with the letter and spirit of ethical conduct. (b) If an attorney or other representative practicing before the Review Commission engages in unethical or unprofessional conduct or fails to comply with any…

(a) Any counsel or representative of record desiring to withdraw his or her representation shall file a motion with the Chairperson or the Review Commission requesting leave therefor, and showing that prior notice of the motion has been given by him or her to his or her client or…

(a) Cases initiated by a Notice of Contest shall be titled: (Name of Contestant), Complainant versus Commissioner of Labor, Respondent. (b) The titles listed in (a) above shall appear at the left upper portion of the initial page of any document filed. (c) The initial page of any…

Notes N.J. Admin. Code § 12:112-3.10 Recodified as N.J.A.C. 12:112-3.4 by R.1998 d.456, effective 9/8/1998. See: 30 New Jersey Register 1893(b), 30 New Jersey Register 3247(a). Section was "Failure to obey rules".

(a) Motions shall be signed by the filing party or non-party or their representative. The signature of a representative constitutes a representation by him or her that he or she is authorized to represent the party or non-party on whose behalf the action is filed. (b) The signatu…