New Jersey Administrative Code

(a) Stairways shall conform to the Uniform Construction Code, N.J.A.C. 5:23. (b) All stairways shall be equipped with handrails not more than 34 inches nor less than 30 inches high, measuring from the top of the rail to the surface of the tread in line with the face of the risers…

(a) Ladders other than those used for ingress and egress from deep pit quarries shall meet the requirements of the American Safety Code for Portable Wood Ladders, A14.1-1959. (b) Wood for side rails shall not be less than two inches by four inches nominal, in cross-section, and f…

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 t…

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. Notes N.J. Admin. Code § 12:185-3.2 Amended by R.2006 d.428, effective 12/4/2006. See: 38 N.J.R. 3130(a), 38 N.…

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 pr…

(a) The operator of every pit or quarry shall appoint a competent worker who shall be personally in charge of the pit or quarry excavation. (b) In every pit or quarry where tunneling or underground mining operations are carried on, such operations shall comply with departmental r…

(a) In workings of clay, sand, gravel or other types of unconsolidated material the removal of material by undermining is prohibited; provided, however, that in dredging and hydraulic operations undermining will be permitted if the employee is a safe distance from the bank. (b) E…

(a) All new quarries which commence operations after the effective date of these regulations shall work the face by a multiple bench method with the height of the face not exceeding 50 feet; provided, however, that in circumstances where the surface topography influences the heig…

(a) This Subchapter for the control of dust shall apply to all operations done in connection with the pit and quarry industry. (b) All pit and quarry operations shall be so conducted that there shall be no exposure to atmospheric dust concentrations in excess of those concentrati…

(a) Sampling and determination 1. The free silicon dioxide content of stone shall be determined from composite samples representative of the material as a whole. When different kinds of stone are handled or processed separately, each shall be sampled and classified separately. 2.…

(a) General provisions 1. Every exhaust system shall be designed and constructed in accordance with this Section and shall be installed in a substantial and workmanlike manner. 2. All parts of the system shall be as free as possible from air leakage either into or out of the syst…

(a) The wet method of dust control shall include an adequate and continuous supply of water delivered to the process and terminating in suitable water sprays or jets at the point of dust generation. (b) Water used for dust control purposes shall not be cross connected with the dr…

When general ventilation is employed as the principal method of dust control, it shall be designed to function properly in accordance with the provisions of N.J.A.C. 12:185-31.1(c). Notes N.J. Admin. Code § 12:185-31.5 Amended by R.2006 d.428, effective 12/4/2006. See: 38 N.J.R. …

(a) Respiratory protective equipment shall not be employed as the principal means of protecting workers against dust except in connection with isolated or infrequent operations. (b) Respiratory protective equipment may be used in conjunction with other methods of dust control onl…

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. Notes N.J. Admin. Code § 12:185-4.1

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. Notes N.J. Admin. Code § 12:185-4.2

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…

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. Notes N.J. Admin. Code § 12:185-5.2

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. Notes N.J. Admin. Code § 12:185-6.1

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 investiga…

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. Notes N.J. Admin. Code § 12:185-6.3

No person under the age of 18 years shall be employed or permitted to be employed in or about any pit or quarry. Notes N.J. Admin. Code § 12:185-7.1

Notes N.J. Admin. Code § 12:185-7.2 Repealed by R.2006 d.428, effective 12/4/2006. See: 38 N.J.R. 3130(a), 38 N.J.R. 5165(b). Section heading was "Females".

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 h…

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. Notes N…

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. Notes N…

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. Notes N.J. Admin. Code § 12:185-8…

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 N.J.A.C. 12:185-2.1, the successor employer shall immediately notify the Commissioner in writing, giving the name of the former employer and the name …

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. Notes N.J. Admin. Code § 12:185-9.2

The purpose of this chapter is to set forth the definitions to be used throughout N.J.A.C. 12:16 through 12:19, and to provide examples illustrating the definitions and, in some instances, exceptions to the definitions. Notes N.J. Admin. Code § 12:19-1.1 Amended by R.1995 d.318, …

The following words and terms, when used throughout N.J.A.C. 12:16 through 12:19, shall have the following meaning unless the context clearly indicates otherwise: "Agricultural labor" means the following activities: 1. Service performed on a farm in connection with cultivation of…

(a) A separate registration number and experience rating shall be assigned to each partnership that is composed of identical partners with identical interests, if all of the following conditions are met:1. Each separate partnership joins in such a request to the Controller or the…

(a) The following situations outline special employment relationships which exist for tax purposes: 1. A crew leader shall be considered the employer of the crew which the crew leader has provided to the agricultural entity if: i. The agreement between the farmer and the crew lea…

This regulation shall be known and may be cited as Chapter 190, Explosives of Title 12, N.J.A.C. Notes N.J. Admin. Code § 12:190-1.1

The purpose of this chapter is to protect the public and property by establishing reasonable standards for the manufacture, sale, transportation, storage, use, possession and disposition of explosives. Notes N.J. Admin. Code § 12:190-1.2 Amended by R.1998 d.110, effective 3/2/199…

(a) This chapter shall apply to every person who manufactures, sells, transports, stores, uses or possesses explosives, except as provided in (b) below. (b) This chapter shall not apply to: 1. The military or naval forces of the United States or its allies, or the duly authorized…

The availability of standards and publications referred to in this chapter is explained in N.J.A.C. 12:190-12. Notes N.J. Admin. Code § 12:190-1.4

Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, such decision shall not affect the remaining portions of this chapter. Notes N.J. Admin. Code § 12:190-1.5

In cases of practical difficulty or unnecessary hardship the commissioner may grant exceptions from this chapter provided that a request for such exceptions has been made in writing. Exceptions shall only be granted when it is clearly evident that a satisfactory and safe conditio…

(a) Installations that were in accordance with the applicable chapters on explosives of Title 12, N.J.A.C. prior to the effective date of this chapter may be continued in service if found by the appropriate officials of the Division of Public Safety and Occupational Safety and He…

(a) The manufacture of any explosive material shall be prohibited unless such manufacture is authorized by Federal license, when required, and is conducted in accordance with recognized safe practices. (b) No person shall manufacture, store, sell, transport, use, dispose of, or p…

The Commissioner shall have jurisdiction over the manufacture, sale, transportation, storage, disposition, possession and use of explosives in accordance with N.J.S.A. 21:1A-139 and 21:1A-141. Notes N.J. Admin. Code § 12:190-1.9 Administrative correction. See: 29 New Jersey Regis…

(a) This subchapter shall apply to: 1. The storage of smokeless powder and black powder for the reloading of small arms ammunition; and 2. The channels of distribution for the users of smokeless powder and black powder. (b) This subchapter shall not apply to the storage or proces…

(a) A cabinet for smokeless powder shall have walls at least one inch thick, with an interior of nonsparking material. Shelves shall not exceed a three foot separation. The cabinet shall have at least one lock and hinges and hasps that cannot be removed when the door is closed an…

(a) Black powder not exceeding 50 pounds may be stored in a residence. Black powder not exceeding five pounds stored in a residence shall be in approved USDOT shipping containers. Black powder exceeding five pounds but not exceeding 50 pounds in a residence shall be in a type 4 m…

If smokeless powder is stored in the same magazine with black powder, the total quantity of explosives so stored shall not exceed that permitted for black powder. Notes N.J. Admin. Code § 12:190-10.4

No person shall sell, give or deliver any smokeless powder or black powder to any person for any use unless such person has a valid permit for such use, except that smokeless powder in amounts not to exceed 36 pounds and black powder not to exceed five pounds may be sold to priva…

Recordkeeping for smokeless powder and black powder shall be in accordance with N.J.A.C. 12:190-3. Notes N.J. Admin. Code § 12:190-10.6 New Rule, R.1998 d.110, effective 3/2/1998. See: 29 New Jersey Register 4624(a), 30 New Jersey Register 847(a).

(a) This subchapter shall apply to the sale of commercial explosives, except as provided in (b) below. (b) This subchapter shall not apply to the sale of explosives under contract to the U.S. Government nor to the sale of explosives from one manufacturer to another manufacturer. …

(a) No person shall sell, display or expose for sale any commercial explosives on any highway, street, sidewalk, public way or public place. (b) Before a product line of explosives is offered for sale, the seller shall file a complete description of the explosives in such line an…