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

34:6A-12. Report of accidental deaths, fines, etc. Whenever accidental loss of life, or a major fire, major explosion or major structural failure shall occur at a place of employment, the employer shall report such occurrence to the bureau in the quickest manner possible. L.1965,…

34:6A-13. Service and assistance to employers The commissioner is authorized to provide service and assistance to employers in carrying out their responsibilities under this act and to suggest to employers or groups of employers methods and procedures by which they may develop sa…

34:6A-14. Bureau of Engineering and Safety There is hereby established within the Division of Labor of the Department a Bureau of Engineering and Safety, the function of which shall be, under the direction of the commissioner, to administer and enforce the provisions of this act …

34:6A-15. New Jersey State Industrial Safety Committee There is hereby established within the department the New Jersey State Industrial Safety Committee. The membership, in a number not to exceed 100, shall be appointed by the commissioner and shall comprise persons who have tak…

34:6A-16. Industrial Safety Board There is hereby established within the department an industrial safety board. The board shall consist of 15 members, all of whom shall be residents of the State of New Jersey; 14 appointed by the Governor and the commissioner who shall serve as c…

34:6A-17. Existing rights or remedies unaffected; burden of care This act shall not in any way enlarge or diminish any right or remedy otherwise existent pursuant to the Revised Statutes of New Jersey or at common law, or increase the burden of care ordinarily imposed by the comm…

34:6A-18. Appeals Except as otherwise provided herein, relief from any final order, ruling, or action of the commissioner made pursuant to this act may be sought by application to the Appellate Division of the Superior Court of New Jersey. L.1965, c. 154, s. 18.

34:6A-19. Penalties; compromise of claims. 19. Any person violating any of the provisions of this act shall be liable to a penalty of not less than $975 nor more than $13,653 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.…

34:6A-2. Definitions 2. The following terms wherever used or referred to in this act shall have the following meaning: (a) "Act" means this act and rules and regulations promulgated hereunder. (b) "Board" means the Industrial Safety Board established under this act. (c) "Bureau" …

34:6A-20. Repealer; savings clause. Revised Statutes sections 34:1-29 through 34:1-33; 34:1-37; 34:6-1 through 34:6-47; 34:6-48 through 34:6-67.1; 34:6-99 through 34:6-104; and 34:6-137 through 34:6-143 are hereby repealed; provided, however, that any rules and regulations adopte…

34:6A-21. Severability. If any section, clause or phrase of this act is held unconstitutional or invalid, such decision shall not affect the remaining portions of this act. L.1965, c. 154, s. 21.

34:6A-22. Exemptions. 22. This act is not intended to apply and shall not apply to the following: (a) Places of employment under the exclusive jurisdiction of the Federal Government with respect to the health and safety of employees; (b) Places of employment subject to the provis…

34:6A-23. Exceptions from literal requirements of rules and regulations The commissioner shall have the power and authority to grant exceptions from the literal requirements of rules and regulations promulgated under this act. Such exception shall be granted in any particular cas…

34:6A-24. Duties of Health Department not abrogated This act is not intended to abrogate the duties of the New Jersey State Department of Health under chapter 177, laws of 1947. L.1965, c. 154, s. 24.

34:6A-25. Short title This act shall be known and may be cited as the "New Jersey Public Employees' Occupational Safety and Health Act." L.1983, c. 516, s. 1, eff. Jan. 17, 1984.

34:6A-26. Legislative findings The Legislature finds that the safety and health of public employees in the workplace is of primary public concern. Personal injuries and illnesses arising out of work situations result not only in wage loss and increased medical expenses for employ…

34:6A-27. Definition As used in this act: a. "Advisory board" means the Public Employees' Occupational Safety and Health Advisory Board created by section 4 of this act; b. "Commissioner" means the Commissioner of Labor or his designee; c. "Employer" means public employer and sha…

34:6A-28. Advisory board There is created a Public Employees' Occupational Safety and Health Advisory Board to assist the commissioner in establishing standards for the occupational safety and health of public employees. The board shall make itself available to receive informatio…

34:6A-29. Plan for health and safety standards 5. The commissioner shall, in consultation with the Commissioner of Health, the Commissioner of Community Affairs and the advisory board, promulgate a plan for the development and enforcement of occupational safety and health standar…

34:6A-3. Safe and healthful place of employment Every employer shall furnish a place of employment which shall be reasonably safe and healthful for employees. Every employer shall install, maintain and use such employee protective devices and safeguards including methods of sanit…

34:6A-30. Adoption of standards 6. a. The commissioner shall provide for the adoption of all applicable occupational health and safety standards, amendments or changes adopted or recognized by the secretary under the authority of the "Occupational Safety and Health Act of 1970." …

34:6A-31. Promotion of goals of the act 7. The commissioner, in consultation with the Commissioner of Health and the Commissioner of Community Affairs and with the advice of the advisory board, shall: a. Provide for a method of encouraging employers and employees in their efforts…

34:6A-32 Promulgation of regulations. 8. The commissioner shall, in consultation with the Commissioner of Health and the Commissioner of Community Affairs and with the advice of the advisory board, promulgate all regulations which the commissioner deems necessary for the proper a…

34:6A-33. Responsibilities of employers 9. Every employer shall: a. 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; and b. Comply with occupatio…

34:6A-34. Duty of compliance by public employees Every public employee shall comply with occupational safety and health standards and all regulations promulgated under this act which are applicable to his own actions and conduct. L.1983, c. 516, s. 10, eff. Jan. 17, 1984.

34:6A-35. Inspections; compliance 11. a. The commissioner and the Commissioner of Health shall be charged with making inspections in their jurisdictional areas as specified in section 6 of P.L.1983, c.516 (C.34:6A-30). The commissioner may call on the professional staff of other …

34:6A-36. Notice of safety violation 12. a. Any employee, group of employees or employee representative who believes that a violation of a safety standard exists, or that an imminent danger exists, may request an inspection by giving notice to the commissioner of the violation or…

34:6A-38. Notice of health standard violation 14. a. Any employee, group of employees or employee representative who believes that a violation of a health standard exists, or that an imminent danger exists, may request an inspection by giving notice to the Commissioner of Health …

34:6A-39. Variances 15. a. Any employer may apply to the commissioner for a temporary order granting a variance from a standard or any provision thereof promulgated under this act. A temporary order shall be granted only if the employer files an application with the commissioner …

34:6A-4. Structural adequacy; fire prevention; ventilation and lighting; elevators The owner of any premises used in whole or in part as a place of employment shall be responsible for its structural adequacy, protection against the origin and spread of fire and for the provision …

34:6A-40. Employer records; reports 16. In accordance with the regulations which shall be adopted by the commissioner, each employer shall make, keep, preserve and make available the following records to the commissioner and the Commissioner of Health: a. Records regarding the em…

34:6A-41. Compliance orders; violations; penalties 17. a. If the commissioner determines that an employer has violated a provision of this act, or a safety standard or regulation promulgated under this act, if the commissioner receives a certification from the Commissioner of Hea…

34:6A-42. Occupational Safety and Health Review Commission 18. a. There is established an Occupational Safety and Health Review Commission within the Department of Labor to hear appeals regarding orders to comply and penalties issued under this act. The commission shall consist o…

34:6A-43. Appeals from decision of review commission Any appeal from a decision of the review commission shall be to the Appellate Division of the Superior Court. L.1983, c. 516, s. 19, eff. Jan. 17, 1984.

34:6A-44. Restraining orders The Attorney General, at the request of and on behalf of the commissioner, may bring an action in the Superior Court to restrain any conditions or practices in any workplace which the commissioner determines, in accordance with section 17 of this act,…

34:6A-45. Retaliatory discrimination prohibited 21. a. No person shall discharge, or otherwise discipline, or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to …

34:6A-47. Advisors to commission of capital budgeting and planning on workplace safety and health The Commissioner of Labor, the Commissioner of Community Affairs and the Commissioner of Health shall serve in an advisory capacity to the New Jersey Commission on Capital Budgeting …

34:6A-48. Act inapplicable to right to strike Nothing in this act shall be deemed to give public employees the right to strike over occupational safety and health issues. L.1983, c. 516, s. 24, eff. Jan. 17, 1984.

34:6A-49. Uniform codes not superseded, permits required 25. Except as provided in section 6 of P.L.1983, c.516 (C.34:6A-30), nothing in this act shall be deemed to conflict with or supersede any provision of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-11…

34:6A-5. Protective devices or safeguards; rendering ineffective No person shall render ineffective any employee protective devices or safeguards installed or provided in compliance with the provisions of this act for the protection of the health or safety of any employee. L.1965…

34:6A-50. Annual report 16. a. Not later than December 31 of the first full calendar year following the effective date of this 1995 amendatory and supplementary act and not later than December 31 of each subsequent year, the commissioner shall, in consultation with the Commission…

34:6A-6. Enforcement of act; entry and inspection The commissioner shall enforce the provisions of this act, make complaints against persons violating its provisions and prosecute violations of the same. The commissioner shall have the power and authority, without notice or delay…

34:6A-7. Written orders as to violations; imminent physical hazards If upon inspection the commissioner discovers a condition which exists in violation of the provisions of this act he shall be authorized to order in writing such violation to cease and to take such steps necessar…

34:6A-8. Aggrieved persons; hearings Any person aggrieved by a ruling, action or order of the commissioner under this act upon application made within 15 days after written notice thereof shall be entitled to a hearing before the commissioner who shall within 30 days thereafter h…

34:6A-9. Rules and regulations. 9. The commissioner shall make and promulgate rules and regulations reasonably necessary to implement the purposes of this act. Such rules and regulations shall have the force and effect of law and shall be enforced in the manner provided in this a…

34:6B-1. Smoking, use of tobacco products shall not affect employment 1. No employer shall refuse to hire or employ any person or shall discharge from employment or take any adverse action against any employee with respect to compensation, terms, conditions or other privileges of…