New Jersey Administrative Code

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…

(a) A request for an election may be made by representatives of either an employer or a labor organization and shall contain the following: 1. Name and address of the employer; 2. Name and address of the labor organization or organizations concerned in the representation question…

(a) Prior to accepting a consent stipulation for the conduct of an election the Board will advise the regional office of the AFL-CIO and the independent unions of New Jersey regarding the pendency of a consent election. (b) Within five days after receipt of notice of pendency of …

Elections shall be conducted under the supervision of the chairman who may designate a representative to act on behalf of the Board. All elections shall be by secret ballot which shall be prepared by the Board. Where parties to the consent election so agree, mail ballots shall be…

Parties to the election will be permitted to station authorized observers at the polling place during the election to assist in its conduct, to challenge the eligibility of voters and to verify the tally. Upon conclusion of the balloting, a tally of ballots will be prepared and f…

If the right of an employee to vote is challenged, the employee shall be permitted to vote, but his ballot shall be sealed by him in a separate envelope and the employee shall deliver the envelope to the agent duly designated to conduct the election. If the challenged ballots are…

Objections to the conduct of an election may be filed with the Board within five days after closing of the polls, with copies of such objections being forwarded to each of the other parties. The Board or its agent shall investigate the issues raised by the objections and the Boar…

In the event that two or more labor organizations are to appear on a ballot together with a choice of "no union," the parties shall agree in advance of the election regarding conditions for a second or runoff election should no choice on the ballot receive a majority of the valid…

The chairman, upon disposition of all questions pertaining to the election, shall either certify to the parties the results of the election or make other appropriate disposition of the matter. Notes N.J. Admin. Code § 12:106-2.8

The purpose of this chapter is to ensure that all public employees are provided with a safe and healthful work environment free from recognized hazards. Notes N.J. Admin. Code § 12:110-1.1 Recodified from N.J.A.C. 12:110-1.3 and amended by R.1998 d.33, effective 1/5/1998. See: 29…

This chapter shall apply to employers, employees, and agencies as described in the New Jersey Public Employees Occupational Safety and Health Act, N.J.S.A. 34:6A-25 et seq. Notes N.J. Admin. Code § 12:110-1.2 Recodified from N.J.A.C. 12:110-1.4 by R.1998 d.33, effective 1/5/1998.…

The availability of standards and publications referred to in this chapter is explained in N.J.A.C. 12:110-9. Notes N.J. Admin. Code § 12:110-1.3 Recodified from N.J.A.C. 12:110-1.5 and amended by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey…

(a) These rules shall be construed to ensure that recognized workplace hazards are remedied as expeditiously as possible. (b) Words importing the singular number may extend and be applied to the plural and vice versa. (c) For all references to employees, the Commissioner, or any …

Notes N.J. Admin. Code § 12:110-1.5 Recodified to N.J.A.C. 12:110-1.3 by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).

Notes N.J. Admin. Code § 12:110-1.6 Recodified to N.J.A.C. 12:110-1.4 by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).

Notes N.J. Admin. Code § 12:110-1.7 Repealed by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a). Section was "Validity".

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. "Commissioner" means the Commissi…

This subchapter sets forth the responsibilities and rights for the procedures developed for the safety and health programs under the Act. Notes N.J. Admin. Code § 12:110-3.1

The Commissioner, in consultation with the Commissioner of Health and/or the Commissioner of Community Affairs, as required, shall be the administrator of the New Jersey Public Employees' Occupational Safety and Health Act. Notes N.J. Admin. Code § 12:110-3.2 Amended by R.1998 d.…

(a) Every employer shall provide each of his employees with employment and a place of employment which are free from recognized hazards which may cause serious injury, physical harm or death to his employees. (b) Every employer shall comply with the occupational safety and health…

(a) Every public employee shall comply with the occupational safety and health standards and all regulations promulgated under the Act which are applicable to his or her own actions and conduct. (b) Each employee shall comply with all orders issued by the employer in accordance w…

(a) Copies of the Act, these rules, N.J.A.C. 12:100, Safety and Health Standards for Public Employees, and applicable standards adopted by reference therein and details of the employer's occupational safety and health program shall be made available by the employer upon request t…

This subchapter establishes procedural rules on inspections, orders to comply, and penalties. Notes N.J. Admin. Code § 12:110-4.1 Amended by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).

(a) If the Commissioner determines that an employer has violated a provision of the Act or a safety or health standard or any rules promulgated pursuant to the Act, he or she shall, within 30 days of the completion of inspection processes conducted by the Department of Labor and …

(a) If the time for compliance with an Order to Comply issued pursuant to this section elapses, and the employer has not made a good faith effort to comply, the Commissioner shall issue a second Order to Comply imposing a civil administrative penalty of up to $ 7,000 per day for …

(a) Any employer to whom an Order to Comply citing a violation or a penalty has been issued or any employee or employee representative may notify the Commissioner or his or her designee in writing that he intends to contest such order before the Review Commission. (b) Such notice…

(a) An affected employer, employee or employee representative may request the initiation of a settlement conference for the purpose of discussing issues raised by an Order to Comply or a notice of intent to contest. If a party requests a settlement conference or the Commissioner …

Notes N.J. Admin. Code § 12:110-4.14 Recodified to N.J.A.C. 12:110-4.13 by R.1998 d.33, effective 1/5/1998. See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).

(a) The Compliance Officer shall enter without delay and at reasonable times any establishment or field site of any employer where work is performed by an employee where there is reason to believe that a violation of a safety or health standard exists and to conduct such investig…

(a) Advance notice of inspections shall not be given except in the following situations: 1. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; 2. In circumstances where the inspection can most effectively be conducted after re…

(a) Subject to the provisions at N.J.A.C. 12:110-4.3, inspections shall take place at such times and in such places of employment as the Commissioner, Commissioner of Health, or their designees, may direct. (b) At the beginning of an inspection there shall be an opening conferenc…

(a) A Compliance Officer shall be in charge of inspections and questioning of persons. A representative of the employer, complaining party, and an employee representative shall be given an opportunity to accompany the Compliance Officer during the physical inspection of any workp…

(a) Employers shall make appropriate arrangements enabling a Compliance Officer to consult with employees during regular working hours concerning matters of occupational safety or health to the extent necessary for the conduct of an effective and thorough inspection. (b) During t…

(a) Any employee or employee representative who believes that a violation of the Act exists in the establishment or field site where such employee is employed may request an inspection by giving notice of the alleged violation to the Commissioner, the Commissioner of Health, or t…

(a) If the Commissioner, Commissioner of Health, or their designees, determine that an inspection is not warranted because there are no reasonable grounds to believe that a violation or danger exists with respect to a complaint pursuant to N.J.A.C. 12:110-4.7, the complaining par…

(a) As soon as a Compliance Officer concludes, on the basis of an inspection, that conditions or practices exist in any establishment or field site which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be…

(a) This subchapter establishes procedural rules for recording and reporting occupational injuries and illnesses of public employees involving work-related deaths, injuries and illnesses, other than minor injuries which require only first aid treatment and which do not involve me…

Notes N.J. Admin. Code § 12:110-5.10 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Change of employer".

Notes N.J. Admin. Code § 12:110-5.11 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Employees not in fixed establishments".

Notes N.J. Admin. Code § 12:110-5.12 Repealed by R.2003 d.189, effective 5/5/2003. See: 35 New Jersey Register 335(a), 35 New Jersey Register 1920(a). Section was "Duties of employers".

Notes N.J. Admin. Code § 12:110-5.2 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Log and summary of occupational injuries and illnesses".…

Notes N.J. Admin. Code § 12:110-5.3 Repealed by R.2003 d.189, effective 5/5/2003. See: 35 New Jersey Register 335(a), 35 New Jersey Register 1920(a). Section was "Period covered".

Notes N.J. Admin. Code § 12:110-5.4 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Supplementary record".

Notes N.J. Admin. Code § 12:110-5.5 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Annual summary".

Notes N.J. Admin. Code § 12:110-5.6 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Retention of records".

Notes N.J. Admin. Code § 12:110-5.7 Amended by R.1998 d.33, effective 1/5/1998. See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a). Repealed by R.2003 d.189, effective 5/5/2003. See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a). Section was "Access to records".