New Jersey Administrative Code

(a) Each permit for an asbestos worker or asbestos supervisor shall be issued in writing, signed by the Commissioner of Labor and Workforce Development, and shall contain: 1. The date of issuance; 2. The expiration date; 3. The name and address of the worker or supervisor to whom…

(a) Each worker or supervisor performing asbestos work shall have their permits available at the job site and readily available for inspection by representatives of the Commissioners of the Department of Labor and Workforce Development and Health and of the contracting agency. (b…

(a) The Commissioner may suspend or revoke any permit for the following reasons: 1. The worker or supervisor is incompetent to perform asbestos work; 2. The worker or supervisor is negligent in performing asbestos work; and/or 3. The worker or supervisor loans the permit, abandon…

This subchapter shall apply to the procedures and qualifications required to obtain and maintain or renew certification from the Commissioner of Health to conduct training courses on asbestos abatement as provided for in the Act. At a minimum, training courses shall meet the foll…

(a) In order to approve a training agency certification renewal application, the Commissioner of Health shall determine, based upon the application, that: 1. The certificant has certified that all information contained on the original application is still correct, or where applic…

(a) Any certified training agency may have its application denied, certification suspended or revoked, and/or shall be required to pay the administrative penalties set forth at N.J.A.C. 12:120-3.5 and 8:60-3.5 for each violation listed below: 1. Incompetence; 2. Failure to adequa…

Notes N.J. Admin. Code § 12:120-6.12 Recodified as N.J.A.C. 12:120-6.11 by R.1995 d.193, effective 4/3/1995. See: 27 New Jersey Register 71(a), 27 New Jersey Register 1465(a).

Notes N.J. Admin. Code § 12:120-6.13 Amended by R.1990 d. 278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a). Recodified from N.J.A.C. 12:120-6.11. Added new (a)-(c) as (b)-(d). Revised new (a) and added sections (e)-(f). Repealed by R.199…

Notes N.J. Admin. Code § 12:120-6.14 Amended by R.1990 d.278, effective 6/4/1990. See: 22 New Jersey Register 736(a), 22 New Jersey Register 1773(a). Recodified from N.J.A.C. 12:120-6.12. Added new subsection (a)1, deleting old subsection (b). Repealed by R.1995 d.193, effective …

(a) The asbestos abatement worker training course shall be presented over four days and shall include a minimum of 28 hours of training, of which a minimum of 14 hours shall be dedicated to the conduct of hands-on-training. The topics which shall be presented are set forth at N.J…

(a) An applicant for certification of an asbestos abatement training course shall submit an application and a proposal on forms provided by the Department of Health, specifying the following: 1. The name and address of the agency, institution or private firm which plans to conduc…

(a) Certified training agencies shall have the burden of demonstrating compliance, or the ability to comply, with the requirements of this subchapter. (b) Certified training agencies shall have access to sufficient classrooms, off-site demonstration facilities, equipment, materia…

(a) To be eligible for certification of any training course, three or more course instructors shall be employed. A sufficient number of instructors shall be hired to ensure that all of the education and experience criteria for instructors set forth below are met: 1. At least one …

(a) Training courses shall be designed and conducted to include, at a minimum, the following topics: 1. Background information on asbestos: i. History of asbestos use; and ii. Physical characteristics of asbestos. 2. Relevant Federal, State, and local regulatory requirements, pro…

(a) Training courses shall be designed and conducted to include, at a minimum, the following topics: 1. All of the topics pursuant to N.J.A.C. 12:120-6.6 and 8:60-6.6; 2. Respiratory protection programs and medical monitoring programs (hands-on training required); 3. Insurance an…

(a) Refresher training for asbestos worker and contractor/supervisor courses shall consist of the topics designed to increase or enhance an individual's skills and knowledge necessary to perform the job tasks and job functions associated with the respective certification. (b) Ref…

(a) No training agency shall be eligible for course certification unless the applicant has first received certification as an approved training agency pursuant to either this section or N.J.A.C. 8:60-6.4 and 12:120-6.4. (b) An annual certification shall be granted to a training a…

(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 poss…

(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, exc…

Notes N.J. Admin. Code § 12:120-7.3 Repealed by R.1995 d.193, effective 4/3/1995. See: 27 New Jersey Register 71(a), 27 New Jersey Register 1465(a). Formerly "Penalties".

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 …

(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 …

(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; …

(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 H…

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…

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 list…

(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 pract…

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. Notes N.J. Admin. Code § 12:121-1.2

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. Notes N.J. Admin. Code § 12:121-1.3

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: "Act" means the Licensing of Crane Operators Act, N.J.S.A. 45:26-1 et seq. "Applicant" means any person seeking to obtain a New Jersey lice…

(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…

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. Notes N.J. Admin. Code § 12:121-3.2

(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 recog…

This subchapter shall apply to the procedures required to obtain or to renew a license as a crane operator. Notes N.J. Admin. Code § 12:121-4.1

(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 ap…

(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 38…

(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 o…

(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 De…

(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 N.J.A.C. 12:121-4.3. (b) A renewal license application fee of $ 250.00 for five years shall be submitted with the completed …

(a) A license shall be granted in accordance with (b) below when the individual applicant complies with the requirements of N.J.A.C. 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 l…

(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 t…

(a) Each individual operating a crane as defined in N.J.A.C. 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 Devel…

(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…

(a) In addition to the grounds for license revocation as set forth in N.J.S.A. 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…

(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) Eac…

(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 h…

(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 …

(a) No penalty shall be collected pursuant to N.J.A.C. 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. (b) A request for a formal hearing sh…

(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…

(a) Under the Unemployment Compensation Law and the Temporary Disability Benefits Law, benefits financed from tax or contributions are paid to eligible workers who become unemployed, disabled or who require leave from work to participate in the providing of care for a family memb…