Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:5A-10.3. Posting of notice of construction, activity involving hazardous substance 3. a. The Board of Education or the chief school administrator in the case of any public school, or the person having responsibility for the operation of any private school or child care center,…

34:5A-10.4. Responsibility for enforcement; violations, penalties 4. The local health agency for the jurisdiction in which the public or private school or child care center is located shall enforce the provisions of this act. Whenever, on the basis of information available, a loc…

34:5A-10.5 Regulations. 5. The Department of Health, in consultation with the Departments of Education, Human Services, Children and Families and Environmental Protection, and within 180 days of the enactment of P.L.1997, c.364 (C.34:5A-10.1 et seq.), shall adopt, pursuant to the…

34:5A-11. Request for Spanish translation a. An employer shall, upon request, provide an employee whose native language is Spanish with a Spanish translation of a workplace survey, hazardous substance fact sheet, and, if applicable, an environmental survey obtained from the Depar…

34:5A-12. Employer's central file; posting of notice; distribution of literature on employee rights; employee access to information Every employer shall establish and maintain a central file at his facility in which he shall retain a workplace survey for the facility, appropriate…

34:5A-13. Employee education, training program; certification of instructors 13. a. Every employer shall have until October 30, 1985 to establish an education and training program for his employees, which shall be designed to inform employees in writing and orally of the nature o…

34:5A-14 Labeling of containers. 14. a. Every employer shall have until October 30, 1985 to take any action necessary to assure that every container at the employer's facility containing a hazardous substance shall bear a label indicating the chemical name and Chemical Abstracts …

34:5A-15. Trade secret claim a. If an employer believes that disclosing information required by this act will reveal a trade secret, he may file with the appropriate department a trade secret claim as herein provided. As used in this section, "department" means either the Departm…

34:5A-16. Employee requests for information; refusal to work; complaint; civil actions; penalty a. Any employee or employee representative may request, in writing, from his employer, a copy of a workplace survey, hazardous substance fact sheet, or, where applicable, an environmen…

34:5A-17. Discharge or penalizing of employee for exercising rights; complaint; adjudication a. No employer shall discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee or his employee representative has exe…

34:5A-2. Legislative findings and declarations The Legislature finds and declares that the proliferation of hazardous substances in the environment poses a growing threat to the public health, safety, and welfare; that the constantly increasing number and variety of hazardous sub…

34:5A-21 Joint procedures concerning revision of workplace or environmental hazardous substance list. 21. The Department of Health, the Department of Environmental Protection, and the Department of Labor and Workforce Development shall jointly establish a procedure for annually r…

34:5A-22. County health department file of surveys; public access Each county health department shall maintain a file of workplace surveys and environmental surveys transmitted to it pursuant to the provisions of this act. These surveys, pursuant to the provisions of subsection f…

34:5A-23. Civil actions for violations; jurisdiction; award Any person may bring a civil action in law or equity on his own behalf against any employer for a violation of any provision of this act or any rule and regulation promulgated pursuant thereto or against the Department o…

34:5A-24. Substances not included on hazardous substance lists; reporting; liability Substances not included on the workplace hazardous substance list or the environmental hazardous substance list shall not be subject to the reporting provisions of this act. However, the absence …

34:5A-25. Local police or fire departments; availability of surveys to public; request for additional information; communications program with research and development laboratory a. No local police department or local fire department receiving workplace surveys or environmental s…

34:5A-26 "Worker and Community Right to Know Fund." 26. a. There is established in the Department of the Treasury a nonlapsing, revolving fund to be known as the "Worker and Community Right To Know Fund." The "Worker and Community Right To Know Fund" shall be credited with all fe…

34:5A-26.1. Fee refund The Department of Labor shall refund any fee collected pursuant to section 26 of P.L. 1983, c. 315 (C. 34:5A-26) to any employer who has paid this fee and is exempt from the fee pursuant to section 8 of P.L. 1983, c. 315 (C. 34:5A-8). L. 1985, c. 534, s. 2,…

34:5A-27. Legislative intent It is the intent of the Legislature that the program established by this act for the disclosure of information concerning hazardous substances to employees and the public constitute the principal program in this State. To this end, no municipality or …

34:5A-28. Joint report Within two years of the effective date of this act the Department of Health, the Department of Environmental Protection, and the Department of Labor shall jointly prepare and submit to the Governor and the Legislature a report evaluating the implementation …

34:5A-29. Right to enter facility to determine compliance a. The Department of Health shall have the right to enter an employer's facility during the normal operating hours of the facility to determine the employer's compliance with the provisions of subsection a. of section 7, a…

34:5A-3. Definitions 3. As used in this act: a. "Chemical Abstracts Service number" means the unique identification number assigned by the Chemical Abstracts Service to chemicals. b. "Chemical name" means the scientific designation of a chemical in accordance with the nomenclatur…

34:5A-30. Rules and regulations Except as otherwise provided in this act, the Department of Health, the Department of Environmental Protection, the Department of Labor and the Department of the Treasury shall adopt any rules and regulations necessary to carry out their respective…

34:5A-31. Remedies 33. a. Whenever, on the basis of information available to him, the Commissioner of Environmental Protection finds that an employer is in violation of subsection b. of section 7, or of subsection b. or c. of section 9 of this act, or any rule and regulation adop…

34:5A-32. Findings 1. The Legislature finds that the application, enclosure, removal and encapsulation of asbestos when improperly performed creates unnecessary health and safety hazards which are detrimental to the State's interest in protecting the health, safety, and welfare o…

34:5A-33. Policy declaration 2. The Legislature declares it to be its purpose and policy to reduce asbestos-related hazards by: a. Encouraging contracting parties, citizens and insurance companies in their efforts to reduce disabling asbestos hazards and to stimulate initiation o…

34:5A-34. Definitions 3. As used in this act: a. "Asbestos" means the asbestiform varieties of chrysotile (serpentine); crocidolite (riebeckite); amosite (cummuningtonitegrunerite); anthophyllite; termolite; and actinolite; b. "Asbestos-containing material" means any material whi…

34:5A-35. Specifications required 4. Any private or public agency letting contracts for any activity involving the application, enclosure, repair, removal or encapsulation of asbestos in any structure for which a license is required shall include in these contracts specifications…

34:5A-36. License for asbestos work; exception 5. No employer shall either directly or indirectly perform any of the functions of application, enclosure, removal, or encapsulation of asbestos in any structure, nor enter into any contract with the owner or the owner's representati…

34:5A-37. Performance permit, exception 6. Every employee performing functions of application, enclosure, repair, removal, or encapsulation of asbestos, with the exception of employees of an employer subject to the federal Occupational Safety and Health Act of 1970 (29 U.S.C. s. …

34:5A-38. Issuance of license, permits; certification of training courses; fees 7. Beginning not later than one year following the effective date of this act, licenses and permits shall be issued by the Commissioner of Labor, or his designee, and shall be valid for 12 months, in …

34:5A-39. Standards, regulations; hearings 8. Not later than six months after the effective date of this act, the Commissioners of Labor and Health jointly shall, in consultation with the Commissioner of Environmental Protection, adopt all standards and regulations which they dee…

34:5A-4. Development of environmental hazardous substance list 4. a. The Department of Environmental Protection shall develop an environmental hazardous substance list which shall include the list of substances developed and used by the department for the purposes of the Industri…

34:5A-40. Enforcement 9. P.L.1984, c.173 (C.34:5A-32 et seq.), and its standards and regulations, shall be enforced by the Commissioner of Labor and Workforce Development and the Commissioner of Health, who have the right-of-entry to all pertinent premises and records for purpose…

34:5A-41 Violations; penalties. 10. Any person who knowingly hinders or delays the Commissioners of Labor and Workforce Development or Health or the authorized representative thereof, in the performance of the duty to enforce P.L.1984, c.173 (C.34:5A-32 et seq.), or knowingly sub…

34:5A-42. Discrimination against complaining employee; penalties Any employer who discriminates against or otherwise sanctions an employee who complains or cooperates with the Commissioner of Labor or Health, or the designee thereof, in administering this act is a disorderly pers…

34:5A-43. Adoption of standards; exemptions; fees 7. a. The Commissioner of Health shall, by regulation, adopt standards and other requirements for the certification of training programs and for approving examinations for the issuance of licenses or permits pursuant to P.L.1984, …

34:5A-44. Petition for enforcement action 12. Any person who believes that a violation of this act has occurred may petition the Commissioner of Health or the Commissioner of Labor to bring an enforcement action pursuant to this section. Any citizen complaint filed pursuant to th…

34:5A-5. Workplace hazardous substance list; special health hazard substance list; workplace survey; hazardous substance fact sheet; Spanish translation a. The Department of Health shall develop a workplace hazardous substance list which shall include: (1) Any substance or substa…

34:5A-6. Distribution of workplace and environmental surveys to employer a. Within five days of the effective date of this act, the Department of Health shall transmit copies of the workplace survey to the Department of Labor. Upon receipt of the workplace survey, the Department …

34:5A-7. Completion, transmittal of workplace survey 7. a. Except as otherwise provided in section 15 of this act, an employer shall have until October 30, 1985, or within 90 days of the employer's receipt of the workplace survey, whichever is later, to complete the survey and tr…

34:5A-8. Hazardous substance fact sheets a. Upon receipt of a completed workplace survey from an employer, the Department of Health shall transmit to that employer a hazardous substance fact sheet for each hazardous substance reported by the employer on the workplace survey. If a…

34:5A-9. Environmental surveys; file; clarifying information; update; request for copy a. The Department of Environmental Protection shall maintain a file of all completed environmental surveys received from employers. Each environmental survey received by the department shall be…