New Jersey State Plan for State and Local Government Employees; Approval of Plan Supplements and Certification of Completion of Developmental Steps, 3825-3830 [2016-01286]
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
OSHA also is making a final
determination to add a new standard to
the NRTL Program’s list of appropriate
test standards. OSHA determines that
this test standard is an appropriate test
standard. Table 2 below lists the test
3825
standard that will be added to the NRTL
Program’s list of Appropriate Test
Standards.
TABLE 2—TEST STANDARD OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard
Test standard title
UL 60335–2–24 .....
Safety Requirements for Household and Similar Electrical Appliances, Part 2: Refrigerating Appliances, Ice-Cream Appliances, and Ice-Makers.
Pursuant to the authority in 29 CFR
1910.7, OSHA hereby expands the
recognition of SGS, subject to the
limitations and conditions specified
above.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor’s Order No.
1–2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.
Signed at Washington, DC, on January 19,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–01285 Filed 1–21–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–T034–2006–0779]
New Jersey State Plan for State and
Local Government Employees;
Approval of Plan Supplements and
Certification of Completion of
Developmental Steps
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
The New Jersey Department
of Labor and Workforce Development
(LWD) submitted timely documentation
attesting to the completion of all
structural and developmental aspects of
its State Plan for State and Local
Government Employees as approved by
the Occupational Safety and Health
Administration (OSHA). After extensive
review of the submissions and
opportunity for correction, Plan
supplements constituting an updated
and revised State Plan were submitted.
OSHA is approving the revised State
Plan, which documents the satisfactory
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SUMMARY:
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completion of all structural and
developmental aspects of New Jersey’s
approved State Plan, and certifying this
completion. This certification attests to
the fact that New Jersey now has in
place those structural components
necessary for an effective State Plan for
State and Local Government Employees.
(Enforcement of occupational safety and
health standards with regard to private
sector employers and employees in the
State of New Jersey remains the
responsibility of the U.S. Department of
Labor, OSHA).
DATES: Effective Date: January 22, 2016.
FOR FURTHER INFORMATION CONTACT: For
general information and press inquiries,
contact Frank Meilinger, Director, Office
of Communications, Room N–3647,
OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone (202) 693–1999;
email: meilinger.francis2@dol.gov. For
technical inquiries, contact Douglas
Kalinowski, Director, Directorate of
Cooperative and State Programs, OSHA,
U.S. Department of Labor, 200
Constitution Avenue NW., Room N–
3700, Washington, DC 20210; telephone
(202) 693–2244; email:
kalinowski.doug@dol.gov. Electronic
copies of this Federal Register notice, as
well as all OSHA Federal Register
notices mentioned in this document, are
available on OSHA’s Web site at https://
www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety
and Health Act of 1970 (the ‘‘OSH Act;’’
29 U.S.C. 667) provides that a state
which desires to assume responsibility
for the development and enforcement of
occupational safety and health
standards may submit for OSHA review
and approval a State Plan for such
development and enforcement.
Regulations at 29 CFR part 1956 provide
that a state may voluntarily submit a
State Plan for the development and
enforcement of occupational safety and
health standards applicable only to
employers and employees of the state
and its political subdivisions. State and
local government employers are
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excluded from federal OSHA coverage
under section 3(5) of the OSH Act.
Under these regulations, the Assistant
Secretary of Labor for Occupational
Safety and Health (‘‘Assistant
Secretary’’) may approve a State Plan for
State and Local Government Employees,
if the Plan provides for the development
and enforcement of standards relating to
hazards in employment covered by the
Plan which are or will be at least as
effective in providing safe and healthful
employment and places of employment
for public employees as standards
promulgated and enforced by federal
OSHA under section 6 of the OSH Act,
giving due consideration to differences
between public and private sector
employment. Following initial approval,
the state may begin enforcement of its
safety and health standards in the
public sector and receive up to 50
percent federal funding for the cost of
Plan operations.
A State Plan for State and Local
Government Employees may receive
initial approval even though at the time
of submission not all essential
components of the Plan are in place.
Pursuant to 29 CFR 1956.2(b), the
Assistant Secretary may initially
approve the submission as a
‘‘developmental plan,’’ and a schedule
within which the state must complete
all ‘‘developmental steps’’ within a
three year period is issued as part of the
initial approval decision. 29 CFR part
1953 provides procedures for the review
and approval of changes and progress in
the development and implementation of
the State Plan.
When the Assistant Secretary has
reviewed and approved all
developmental submissions and finds
that the state has satisfactorily
completed all developmental steps
specified in the initial approval
decision, a notice certifying such
completion is published in the Federal
Register (see 29 CFR 1956.23 and
1902.34). Certification attests to the
structural completeness of the Plan but
does not render judgment as to the
adequacy or effectiveness of state
performance.
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II. State Plan History
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In 1965, the Governor of the State of
New Jersey issued Executive Order No.
20, establishing a safety and health
program for state employees. In the
early 1970s New Jersey developed a
State Plan under the OSH Act. The Plan
provided for a safety and health
program which would cover state and
local government employees and all
employees in the private sector in the
state. In 1975, New Jersey was
preempted in the safety and health field
by the federal program because state
legislation was not provided as required
by the federal program. In 1984, the
New Jersey Public Employees
Occupational Safety and Health Act
(PEOSH Act) was signed into law by
Thomas H. Kean, Governor of the State
of New Jersey. This act empowered the
Department of Labor and Workforce
Development, the Department of Health,
and the Department of Community
Affairs to inspect and enforce the
PEOSH Act. Because the PEOSH Act, as
structured, presented several obstacles
to receive federal funding for a State and
Local Government Employees Plan, a
revision was signed into law by
Governor Whitman in 1995.
The New Jersey State Plan for State
and Local Government Employees is
operated by the New Jersey Department
of Labor and Workforce Development,
Public Employees Occupational Safety
and Health (PEOSH) Program. This
limited scope State Plan was initially
approved as a developmental plan
under section 18 of the OSH Act, and
29 CFR part 1956, on January 11, 2001
(66 FR 2265). After the initial approval
of the State Plan for State and Local
Government Employees in 2001, New
Jersey successfully submitted all of its
developmental plan change
supplements.
In July 2013, PEOSH submitted a
completely revised State Plan which
provided updated documentation on all
its developmental steps, including those
previously approved, for OSHA review
and consideration. After extensive
review of those documents and
opportunity for state correction, New
Jersey submitted further revisions in
December 2013, May 2014, and July
2014.
III. Description of the Revised State
Plan
New Jersey submitted plan
supplements constituting a revised State
Plan document with subsequent
revisions dated December 2013, May
2014 and July 2014. The revised State
Plan updates and documents all
structural components of the New Jersey
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program. This includes a revised
narrative description of the current
program, legislation, administrative
rules, standards, a compliance manual,
and current copies of all key documents
relating to New Jersey’s State Plan for
State and Local Government Employees.
These documents are described below
and are being approved in this notice.
A. The Plan Narrative and Appendices
The Plan designates the New Jersey
Department of Labor and Workforce
Development (LWD), through the Public
Employees Occupational Safety and
Health (PEOSH) program, as the state
agency responsible for administering the
Plan throughout the state. The New
Jersey PEOSH Act, N.J.S.A. 34:6A–25 et
seq., delegates certain responsibilities to
the New Jersey Department of Health
(DOH) in the implementation of the
PEOSH Act. Major responsibilities
delegated include: Inspection,
investigation, and related activities in
occupational health and environmental
control; medical and first aid; toxic and
hazardous substances; respiratory
protective equipment, and sanitation.
The Plan narrative provides a general
overview of PEOSH’s legal authority,
standards and variances, regulations,
enforcement policies and procedures
(the ‘‘Field Operations Manual’’ or
‘‘FOM’’), voluntary compliance
activities (including consultative
services and training and outreach
programs), an occupational safety and
health laboratory, personnel policies
and procedures, recordkeeping and
reporting requirements, budget, staffing
and funding, all of which, together with
the supporting documents contained in
various appendices, have been
determined to provide authority which
is ‘‘at least as effective as’’ that of the
OSH Act and to meet the criteria and
indices for plan approval contained in
29 CFR part 1956.
The State Plan appendices contain a
variety of state statutes and other
documents related to the PEOSH
program and its authority, contest
procedures, and personnel policies,
including: N.J. PEOSH Act—
N.J.S.A.34:6A–25 thru 34:6A–50; 1995
N.J. Laws Chapter 186 (amendments to
PEOSH Act); 1995 N.J. Laws Chapter
186—Governor’s Signature;
Memorandum of Understanding (MOU)
between LWD & DOH; N.J. Admin. Code
Title 1, Chapter 30—Rules for Agency
Rulemaking; Administrative Procedures
Act—N.J.S.A. 52:14B.
The appendices also contain the
following regulations: Procedural
Standards for N.J. State Plan—
N.J.A.C.12:110; Safety & Health
Standards for Public Employees—
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N.J.A.C.12:100; Standard for Hazard
Communication—N.J.A.C.12:100
Chapter #7; Hazard Communication
Alternative Std. Proposal; Hazard
Communication Alternative Std.
Adoption; Standards for Indoor Firing
Ranges for Public Employees—
N.J.A.C.12:100 Chapter 8; Standards for
Firefighters—N.J.A.C.12:100 Chapter 10;
Fire Brigade Std. Comparison; Indoor
Air Quality Standard—N.J.A.C.12:100
Chapter 13; Review Commission Rules
of Procedure—N.J.A.C.12:112;
Discrimination against Employees—
N.J.A.C.12:110 Chapter 7; Inspection
Scheduling System; On-Site
Consultations—N.J.A.C.12:110 Chapter
8.; Consultation Policies and Procedures
Manual, Chapter 3, III; 5yr. Strategic
Plan—2014–2019; and Informational,
Educational, & Training Materials.
B. Legislation
The Plan includes legislation, the
New Jersey PEOSH Act—N.J.S.A.34:6A–
25 thru 34:6A–50 as enacted in 1984
and amended in 1995 and 1997.
Pursuant to this law, the State Plan
provides coverage for all state and local
government employment in New Jersey.
The PEOSH Act defines covered
employers as ‘‘public employer[s] and
shall include any person acting directly
on behalf of, or with the knowledge and
ratification of: (1) The state, or any
department, division, bureau, board,
council, agency or authority of the state,
except any bi-state agency; or (2) any
county, municipality, or any
department, division, bureau, board,
council, agency or authority of any
county or municipality, or of any school
district or special purposes district
created pursuant to law.’’
N.J.S.A.34:6A–27(c). It defines covered
employees as ‘‘any public employee,
any person holding a position by
appointment or employment in the
service of an ‘employer’ as that term is
used in this act and shall include any
individual whose work has ceased as a
consequence of, or in connection with,
any administrative or judicial action
instituted under this act; provided,
however, that elected officials, members
of boards and commissions and
managerial executives as defined in the
‘New Jersey Employer-Employee
Relations Act,’ P.L.1941, c. 100, C.
34:13A–1 et seq. shall be excluded from
the coverage of this act.’’ N.J.S.A.34:6A–
27(d). Thus, the PEOSH Act covers
county, municipality, or any
department, division, bureau, board,
council, agency, or authority of any
county or district created pursuant to
law; and volunteer firefighters and
emergency responders. The PEOSH Act
contains authority for standards
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adoption, right of entry, inspections,
citations, proposed penalties for failureto-abate violations, worker rights,
variances, non-discrimination,
recordkeeping and voluntary
compliance programs, etc. The PEOSH
Act contains three provisions which
differ substantially from the federal
OSH Act.
1. Penalties. Section 34:6A–41(d) of
the PEOSH Act establishes a penalty
structure which provides for failure-toabate penalties of up to $7,000 per day
for serious violations and other-thanserious violations. This authority,
together with follow-up inspections and
judicial enforcement, is the primary
means of compelling the abatement of
hazards by state and local government
employers under the New Jersey State
Plan.
2. Split Enforcement. Section 34:6A–
35 of the PEOSH Act establishes
enforcement by two departments: DOH,
which conducts inspections under
health regulations in the workplace; and
LWD, which conducts inspections
under safety regulations in the
workplace; but it is LWD that issues
Order to Comply.
3. Advisory Board. Section 34:6A–28
of the PEOSH Act establishes the Public
Employees Occupational Safety and
Health Advisory Board (‘‘Advisory
Board’’) consisting of several New Jersey
department Commissioners and 18
members who represent state and local
government employers and employees.
The Advisory Board assists the
Commissioner of Labor and Workforce
Development (‘‘Commissioner of
Labor’’) in establishing standards for the
occupational safety and health of public
employees and receives information
regarding matters of concern to public
employees in the areas of occupational
safety and health.
C. Standards
The PEOSH Act, section 34:6A–30(a)
mandates that the Commissioner of
Labor adopt all applicable safety and
health standards promulgated under the
OSH Act, which are in effect on the
effective date of the PEOSH Act (January
17, 1984). The New Jersey Plan has
adopted all federal OSHA standards
since the inception of the OSH Act
(N.J.A.C. 12:100) with the exception of
Subpart L—Fire Protection, 29 CFR
1910.155 and 1910.156 (N.J.A.C.
12:100–10), and the Hazard
Communication Standard, 29 CFR
1910.1200 (N.J.A.C.12:100–7). The New
Jersey Plan assures the incorporation of
any subsequent revisions or additions to
standards in a timely manner, including
in response to federal OSHA emergency
temporary standards. The procedure for
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adoption of federal OSHA standards is
provided in the New Jersey State
Administrative Procedures Act, which
requires submission of the standard to
the New Jersey Office of Administrative
Law and publication of the standard in
the New Jersey State Register.
Permanent standards adopted by OSHA
will be adopted by the Commissioner of
Labor within six (6) months from the
federal promulgation date (N.J.A.C.
12:100–3A.1).
Public Employees Occupational
Safety and Health Advisory Board.
Section 34:6A–28 of the PEOSH Act
establishes the Advisory Board
consisting of the Commissioner of
Education, the Commissioner of Health,
the Commissioner of Environmental
Protection, the Commissioner of
Community Affairs, the State Treasurer,
or their designees, and 18 members who
represent state and local employers and
employees, to be appointed by the
governor. The Advisory Board has two
primary functions: To assist the
Commissioner of Labor in establishing
standards for the occupational safety
and health of public employees, and to
receive information regarding matters of
concern to public employees in the
areas of occupational safety and health.
Under the Plan, the Commissioner of
Labor, in consultation with the
Commissioner of Health and the
Commissioner of Community Affairs,
and with the advice of the Advisory
Board, on his/her own initiative, can
propose additional or alternative
occupational safety and health
standards if no federal standards are
applicable or where standards more
stringent than the federal standards are
deemed advisable (N.J.S.A. 34:6A–30).
The Advisory Board can also, after
public hearings, recommend such
standards to the Commissioner of Labor.
The State Plan provides for the
development and consideration of
expert technical information in the
formulation of standards and allows
interested persons to submit
information requesting development or
promulgation of any standard and to
participate in any hearing for the
development, modification or
establishment of standards. In addition,
the State Administrative Procedures Act
requires public notice and comment for
all proposed rules, and provides
opportunity for public participation in
related hearings. A notice of proposed
rulemaking is published in the New
Jersey Register. The notice shall invite
comments from interested persons, and
other such submissions, in accordance
with N.J.A.C. 1:30–1, Rules for Agency
Rulemaking. The Plan includes the state
safety and health standards regulation,
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which codifies PEOSH’s adoption by
reference of all federal OSHA safety and
health standards applicable to public
employees. New Jersey standards are
identical to the federal standards with
the following exceptions and additions.
The state promulgated and retained
N.J.A.C. 12:100 Subchapter 8—Standard
for Indoor Firing Ranges for Public
Employees, N.J.A.C. 12:100 Subchapter
13—Indoor Air Quality Standard and
N.J.A.C. 12:100 Subchapter 10—
Standards for Firefighters. On May 3,
2004, New Jersey adopted a hazard
communication standard with several
additional provisions which are more
stringent than OSHA’s Hazard
Communication Standard. These
different or additional state
requirements have been reviewed and
determined to be ‘‘at least as effective’’
as the comparable federal standards.
D. Variances
Section 34:6A–39 of the PEOSH Act,
the Administrative Procedure Act
(N.J.S.A.52:14B–1 et seq.), and N.J.A.C.
12:110 subchapter 6 establish
proceedings for the granting of
permanent and temporary variances
from state standards, which are
equivalent to the federal requirements at
29 CFR part 1905. These provisions
require employee notification of
variance applications and provide for
employee participation in hearings held
on variance applications. Variances may
not be granted unless it is established
that adequate protection is afforded
employees under the terms of the
variance. Under the Plan, all variances
granted have only future effect, and
temporary variances are available only
prior to the effective date of a standard.
Temporary variances may not be
renewed more than twice, and a renewal
may not remain in effect longer than 180
days. The Commissioner of Labor may
issue one interim order granting relief
pending the hearing on permanent
variance. The procedures allow for the
modification or revocation of permanent
variances at any time at least six months
after issuance of the variance.
E. Employee Notice and Discrimination
Protection
The Plan provides for notification to
employees of their protections and
obligations under the Plan by such
means as the ‘‘You Have the Right to a
Safe and Healthful Workplace. It’s the
Law!’’ poster (which is included in the
Plan documents and also available
electronically on the PEOSH Web site)
and required posting of notices of
violations. Section 34:6A–45 of the
PEOSH Act provides for protection of
employees against discharge or
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discrimination resulting from exercise
of their rights under the PEOSH Act in
terms parallel to section 11(c) of the
OSH Act. Complaints must be filed
within 180 days after the alleged
violation, and the complainant must be
notified of the Commissioner of Labor’s
determination within 90 days of the
receipt of the complaint. If the
Commissioner of Labor determines that
the provisions of Section 34:6A–45 have
been violated, an order for all
appropriate relief, including rehiring or
reinstatement of the employee to his/her
former position with back pay and
reasonable legal costs will be issued.
The notice shall become the
Commissioner of Labor’s final
determination, unless, within 15 days of
receipt of the notice, the employer or
employee requests a hearing before the
Commissioner of Labor or his designee,
in which case the Commissioner of
Labor shall issue his final determination
not more than 45 days after the hearing
report is issued.
F. Inspections and Enforcement
The Commissioner of Labor and the
Commissioner of Health are charged
with making inspections in their
jurisdictional areas as specified in the
PEOSH Act (N.J.S.A.34:6A–30, 35). The
Commissioners may call on the
professional staff of other departments
whenever they deem their assistance
necessary. Inspection and enforcement
policies and procedures provided in the
Plan are established by the PEOSH Act,
34:6A–35, and the PEOSH FOM. Each
Commissioner obtains the right of
immediate entry at reasonable hours
and without advance notice into any
workplace to conduct such
investigations as he/she may deem
necessary. The authority of each
Commissioner to inspect any premises
for purposes of investigating an alleged
violation under his/her jurisdiction is
not limited to the alleged violation but
shall extend to any other area of the
premises in which he/she has reason to
believe that a violation of any provision
of the PEOSH Act under his/her
jurisdiction exists. The Commissioner of
Health shall make his/her inspection
records available to the Commissioner
of Labor for purposes of enforcement.
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 danger. Complaints must be
filed in writing and signed. Upon the
request of the person giving the notice,
his/her name or the name of any
employee representative giving the
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notice may be withheld. The
appropriate Commissioner shall
conduct an appropriate inspection at the
earliest time possible. The Plan also
includes a prohibition of advance notice
of inspections, a mechanism for
employees of the employer and their
representatives to accompany the
inspector during the physical
inspections, and opening, informal, and
closing conferences. If the
Commissioner of Labor, or the
Commissioner of Health, concludes that
conditions or practices in violation exist
in any workplace, the Commissioner of
Labor shall, with reasonable
promptness, and in no case more than
six months after his/her determination
or the receipt of the certificate or report,
issue a written Order to Comply to the
employer (N.J.S.A.34:6A–41(a)).
Significant differences between
federal OSHA and PEOSH inspection,
enforcement, and discrimination
include the following:
1. Penalties. Section 34:6A–41(d) of
the PEOSH Act establishes a penalty
structure which provides for failure-toabate penalties of up to $7,000 per day
for serious violations and other-thanserious violations. If the time for
compliance with an Order of the
Commissioner of Labor elapses, and the
employer has not made a good faith
effort to comply, the Commissioner of
Labor shall issue a second Order to
Comply imposing a civil administrative
penalty of up to $7,000 per day for each
violation not abated. If the employer
contests the proposed daily penalties, a
follow-up inspection shall still be
scheduled. If an Order and daily
penalties are not to be proposed because
of an employer’s flagrant disregard of an
Order, the Director of PEOSH shall
immediately contact the Commissioner
of Labor, in writing, detailing the
circumstances so that the matter can be
referred to the State Attorney General’s
Office for issuance of a restraining
order. Procedures for follow-up
inspections are established in the
PEOSH FOM Chapter 7, Section XII.
2. Whistleblower (Discrimination).
The period fixed in the Plan for filing
eligible complaints is 180 days, and the
procedure in the Plan for enforcing
merit determinations is through Orders
to Comply (N.J.S.A 34:6A–45).
G. Compliance Manual
The PEOSH FOM, first issued in April
2009, replaces the New Jersey Field
Inspection Reference Manual (FIRM)
and is available to the public on the
LWD Web site. The New Jersey
compliance manual parallels federal
OSHA’s revised Field Operations
Manual, CPL 02–00–150, and
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incorporates other policies parallel to
federal compliance directives and
unique state requirements. The PEOSH
FOM provides guidance to PEOSH
compliance staff concerning general
staff responsibilities, pre-inspection
procedures (including inspection
scheduling and priorities, complaints
and other unprogrammed inspections
and inspection preparation), inspection
procedures (including conduct of the
inspection, opening conference, closing
conference, physical examination of the
workplace, follow-up inspections,
fatality/catastrophe investigations,
imminent danger investigations, and
construction inspections), inspection
documentation (including types of
violations, violations of the general duty
clause, writing citations, and grouping/
combining violations), post-inspection
procedures (including abatement,
citations, penalties, and post-citation
processes), discrimination investigation
procedures (set forth in more detail in
the PEOSH Whistleblower
(Discrimination) Investigations Manual,
which parallels the relevant portions of
federal OSHA’s Whistleblower
Investigations Manual, CPL 02–03–003),
and disclosure of information under the
New Jersey Open Public Records Act
(N.J.S.A. 47:1A–et seq.). New Jersey also
uses and has adopted the OSHA
Technical Manual (TED 01–00–015),
which replaced the former Industrial
Hygiene Manual, as guidance for its
staff.
H. Review Procedures
Section 34:6A–42 of the PEOSH Act
establishes an Occupational Safety and
Health Review Commission (‘‘Review
Commission’’) within LWD to hear
appeals regarding Orders to Comply and
penalties.
Under the Plan, both public
employers and employees may seek
formal administrative review of LWD
citations and penalties, as well as the
reasonableness of the abatement period,
before the Review Commission (N.J.S.A.
Sections 34:6A–36, 41 and N.J.A.C.
12:110–4.13). The notice of contest must
be filed with the Commissioner of Labor
within 15 working days of the issuance
of an Order to Comply. The
Commissioner of Labor must
immediately advise the Review
Commission of the notification, and the
Review Commission will afford an
opportunity for a hearing. After hearing
an appeal, the Review Commission may
sustain, modify or dismiss an Order or
penalty, and the Review Commission’s
decision shall become final 45 days after
its issuance (N.J.S.A. 34:6A–42).
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I. Judicial Review
Appeals from decisions of the Review
Commission are to the Appellate
Division of the Superior Court (N.J.S.A.
34:6A–43).
J. Budget and Personnel
The Plan includes the FY 2015 grant
application under section 23(g) of the
OSH Act, which includes a current
organizational chart and detailed
information on staffing and funding.
The state has given satisfactory
assurances of adequate funding to
support the Plan. In FY 2015, the State
Plan was funded at $1,921,400 in
federal section 23(g) funds, $1,921,400
in matching state funds, and $911,664
in 100% state funds, for a total federal
and state contribution of $4,754,464.
The state has given satisfactory
assurance (New Jersey State Plan, p.156)
that it will meet the staffing
requirements of 29 CFR 1956.10. OSHA
considers PEOSH’s current staffing and
funding levels to be adequate and
appropriate.
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K. Records and Reports
The Plan provides that state and local
government employers in New Jersey
will maintain appropriate records and
make timely reports on occupational
injuries and illnesses in a manner
substantially identical to and ‘‘at least as
effective as’’ that required for private
sector employers under federal OSHA.
New Jersey participates and has assured
that it will continue its participation in
the Bureau of Labor Statistics Annual
Survey of Injuries and Illnesses in the
public sector. The Plan also contains
assurances that the Commissioner of
Labor will provide reports to OSHA in
such form as the Assistant Secretary
may require and that New Jersey will
continue to participate in the OSHA
Information System (OIS). The state
adopted federal OSHA’s revision of its
recordkeeping rules (29 CFR part 1904;
66 FR 5916–6135), January 19, 2001, as
well as OSHA’s New Reporting
Requirements (January 2015).
L. Voluntary Compliance Programs
The state and local government
employee consultation program makes
available both safety consultants and
industrial hygienists to state and local
government employers who request
such service for the purpose of
apprising them of existing hazards and
the best means of abatement. The
PEOSH consultation program generally
follows OSHA’s Consultation Policies
and Procedures Manual, CSP 02–00–
002. The consultation program also
provides outreach and training in
support of PEOSH’s activities. Under
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16:59 Jan 21, 2016
Jkt 238001
the Plan, training is provided to state
and local government employers and
employees, and seminars are conducted
to familiarize affected individuals with
applicable safety and health standards
and requirements and safe work
practices. PEOSH has a variety of public
information programs to disseminate
information and publications on
important safety and health concerns.
Policies and procedures for outreach
programs, including training,
educational and informational services,
as well as voluntary compliance
programs, are described in the
Consultation Policies and Procedures
Manual.
IV. Completion of Developmental Steps
With the approval of the revised State
Plan in today’s action, all
developmental steps specified in the
January 11, 2001 notice of initial
approval of the New Jersey State Plan
for State and Local Government
Employees, and other relevant steps,
have been successfully completed and
approved as follows:
A. In accordance with New Jersey
development step (a), the State of New
Jersey has promulgated standards
identical to all federal OSHA standards
with the exception of Subpart L—Fire
Protection and the Hazard
Communication Standard (both include
provisions which are more stringent
than federal OSHA’s). New Jersey has
also established state standards on
issues for which no federal standards
are applicable. The state standards are
the Indoor Firing Ranges for Public
Employees Standard, and the Indoor Air
Quality Standard. These four statespecific standards are approved by the
Assistant Secretary in today’s notice.
B. In accordance with New Jersey
development step (b), New Jersey has
promulgated regulations for inspections,
citations, and abatement equivalent to
29 CFR part 1903, as supplemented by
the PEOSH Act and the PEOSH FOM,
all of which are approved by the
Assistant Secretary in today’s notice.
C. In accordance with New Jersey
development step (c), New Jersey has
developed a five-year strategic plan
which is approved in today’s notice.
D. In accordance with New Jersey
development step (d), the state has
developed a Field Operations Manual
which parallels the OSHA Field
Operations Manual, CPL 02–00–150,
and incorporates other federal
compliance policy directives and
unique state requirements. The state’s
Field Operations Manual is approved in
today’s notice.
E. In accordance with New Jersey
development step (e), the state has
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Fmt 4703
Sfmt 4703
3829
implemented a state and local
government employer/employee
consultation, training, and education
program equivalent to 29 CFR part 1908
which is approved in today’s notice.
F. In accordance with New Jersey
development step (f), the state
developed and adopted employee nondiscrimination procedures equivalent to
29 CFR part 1977 which are approved
in today’s notice.
G. In accordance with New Jersey
development step (g), the State Plan
promulgated regulations for granting
variances equivalent to 29 CFR part
1905 which are approved in today’s
notice.
H. In accordance with New Jersey
development step (h), the state has
promulgated regulations regarding
recordkeeping equivalent to 29 CFR
1904, including the new recordkeeping
rule, revised on January 1, 2015, which
are approved in today’s notice.
V. Decision
A. Approval of Plan Supplements
After careful review, opportunity for
state correction, and subsequent
revision, the plan supplements
constituting a revised New Jersey State
Plan for State and Local Government
Employees and its components
described above are found to be in
substantial conformance with
comparable federal provisions and the
requirements of 29 CFR part 1956 and
are hereby approved under 29 CFR part
1953 as providing a revised State Plan
for the development and enforcement of
standards which is ‘‘at least as effective
as’’ the federal program, as required by
section 18 of the OSH Act and 29 CFR
part 1956. The right to reconsider this
approval of the revised State Plan
supplements is reserved should
substantial objections or other
information become available to the
Assistant Secretary regarding any
components of the Plan changes.
B. Certification
With the approval of a revised State
Plan as noted above, all developmental
steps have now been successfully
completed, documented, and approved.
In accordance with 29 CFR 1956.23, the
New Jersey State Plan for State and
Local Government Employees is
certified as having successfully
completed all developmental steps. This
certification attests to the structural
completeness of the State Plan and that
it has all the necessary authorities and
procedures to provide ‘‘at least as
effective’’ standards, enforcement, and
compliance assistance to the employees
of the State of New Jersey and its
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices
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political subdivisions. This action
renders no judgment as to the
effectiveness of the State Plan in actual
operations.
VI. Location of Basic State Plan
Documentation
Copies of the revised New Jersey State
Plan for State and Local Government
Employees are available on the State
Plan’s Web site or upon request. Contact
the Regional Administrator, U.S.
Department of Labor, Occupational
Safety and Health Administration, 201
Varick Street, Room 670, New York,
New York 10014; or the New Jersey
Public Employee Occupational Safety
and Health Program, 1 John Fitch Plaza,
P.O. Box 386, Trenton, NJ 08625–0386.
Components of the New Jersey State
Plan, including the Field Operation
Manual, recordkeeping regulations and
instructions, complaint forms, and other
program information are posted on the
New Jersey Department of Labor &
Workforce Development, Public
Employee Occupational Safety and
Health Web site at: https://www.state.nj.
us/health/peosh/.
The PEOSH Act is administered by
two departments: the New Jersey
Department of Health enforces health
regulations in the workplace; and the
New Jersey Department of Labor &
Workforce Development enforces safety
regulations in the workplace. To obtain
information, visit the NJDLWD PEOSH
Program Web site at: https://lwd.dol.
state.nj.us/labor/lsse/safety
health_index.html or call (609) 633–
3896.
Information on PEOSH laws and
regulations can be found on the New
Jersey Web site at: https://lwd.dol.state.
nj.us/labor/lsse/laws/peosha_law.html.
Information on the New Jersey
Department of Labor and Workforce
Development, Office of Administrative
Law and Review Commission can be
found on the New Jersey Labor and
Workforce Development Web site at:
https://lwd.dol.state.nj.us/. The state
Administrative Procedures Act can be
found on the Governor’s Web site at:
https://www.nj.gov/governor/.
Electronic copies of this Federal
Register notice and the related press
release are available on OSHA’s Web
site at: https://www.osha.gov. More
information on the New Jersey State
Plan can be found on OSHA’s Office of
State Programs Web site at: https://www.
osha.gov/dcsp/osp/stateprogs/new_
jersey.html.
Authority and Signature
This document was prepared under
the direction of David Michaels, Ph.D.,
MPH, Assistant Secretary of Labor for
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16:59 Jan 21, 2016
Jkt 238001
Occupational Safety and Health. It is
issued under section 18 of the
Occupational Safety and Health Act of
1970, 84 Stat. 1608 (29 U.S.C. 667); 29
CFR part 1956; and Secretary of Labor’s
Order No. 1–2012 (77 FR 3912, Jan. 25,
2012).
Signed in Washington, DC, on January 19,
2016.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2016–01286 Filed 1–21–16; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2006–0028]
MET Laboratories, Inc.: Application for
Expansion of Recognition and
Modification to the List of Appropriate
NRTL Program Test Standards
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the application of MET
Laboratories, Inc. for expansion of its
recognition as a Nationally Recognized
Testing Laboratory (NRTL) and presents
the Agency’s preliminary finding to
grant the application. Additionally,
OSHA proposes to add three new test
standards to the NRTL Program’s list of
appropriate test standards.
DATES: Submit comments, information,
and documents in response to this
notice, or requests for an extension of
time to make a submission, on or before
February 8, 2016.
ADDRESSES: Submit comments by any of
the following methods:
1. Electronically: Submit comments
and attachments electronically at
https://www.regulations.gov, which is
the Federal eRulemaking Portal. Follow
the instructions online for making
electronic submissions.
2. Facsimile: If submissions,
including attachments, are not longer
than 10 pages, commenters may fax
them to the OSHA Docket Office at (202)
693–1648.
3. Regular or express mail, hand
delivery, or messenger (courier) service:
Submit comments, requests, and any
attachments to the OSHA Docket Office,
Docket No. OSHA–2006–0028,
Technical Data Center, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–2625, Washington, DC 20210;
telephone: (202) 693–2350 (TTY
SUMMARY:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
number: (877) 889–5627). Note that
security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 8:15 a.m.–4:45 p.m., e.t.
4. Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2006–0028).
OSHA places comments and other
materials, including any personal
information, in the public docket
without revision, and these materials
will be available online at https://
www.regulations.gov. Therefore, the
Agency cautions commenters about
submitting statements they do not want
made available to the public, or
submitting comments that contain
personal information (either about
themselves or others) such as Social
Security numbers, birth dates, and
medical data.
5. Docket: To read or download
submissions or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection at
the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in
locating docket submissions.
6. Extension of comment period:
Submit requests for an extension of the
comment period on or before February
8, 2016 to the Office of Technical
Programs and Coordination Activities,
Directorate of Technical Support and
Emergency Management, Occupational
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–3655,
Washington, DC 20210, or by fax to
(202) 693–1644.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
E:\FR\FM\22JAN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3825-3830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01286]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-T034-2006-0779]
New Jersey State Plan for State and Local Government Employees;
Approval of Plan Supplements and Certification of Completion of
Developmental Steps
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The New Jersey Department of Labor and Workforce Development
(LWD) submitted timely documentation attesting to the completion of all
structural and developmental aspects of its State Plan for State and
Local Government Employees as approved by the Occupational Safety and
Health Administration (OSHA). After extensive review of the submissions
and opportunity for correction, Plan supplements constituting an
updated and revised State Plan were submitted. OSHA is approving the
revised State Plan, which documents the satisfactory completion of all
structural and developmental aspects of New Jersey's approved State
Plan, and certifying this completion. This certification attests to the
fact that New Jersey now has in place those structural components
necessary for an effective State Plan for State and Local Government
Employees. (Enforcement of occupational safety and health standards
with regard to private sector employers and employees in the State of
New Jersey remains the responsibility of the U.S. Department of Labor,
OSHA).
DATES: Effective Date: January 22, 2016.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Frank Meilinger, Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210; telephone (202) 693-1999; email:
meilinger.francis2@dol.gov. For technical inquiries, contact Douglas
Kalinowski, Director, Directorate of Cooperative and State Programs,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
3700, Washington, DC 20210; telephone (202) 693-2244; email:
kalinowski.doug@dol.gov. Electronic copies of this Federal Register
notice, as well as all OSHA Federal Register notices mentioned in this
document, are available on OSHA's Web site at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety and Health Act of 1970 (the
``OSH Act;'' 29 U.S.C. 667) provides that a state which desires to
assume responsibility for the development and enforcement of
occupational safety and health standards may submit for OSHA review and
approval a State Plan for such development and enforcement. Regulations
at 29 CFR part 1956 provide that a state may voluntarily submit a State
Plan for the development and enforcement of occupational safety and
health standards applicable only to employers and employees of the
state and its political subdivisions. State and local government
employers are excluded from federal OSHA coverage under section 3(5) of
the OSH Act.
Under these regulations, the Assistant Secretary of Labor for
Occupational Safety and Health (``Assistant Secretary'') may approve a
State Plan for State and Local Government Employees, if the Plan
provides for the development and enforcement of standards relating to
hazards in employment covered by the Plan which are or will be at least
as effective in providing safe and healthful employment and places of
employment for public employees as standards promulgated and enforced
by federal OSHA under section 6 of the OSH Act, giving due
consideration to differences between public and private sector
employment. Following initial approval, the state may begin enforcement
of its safety and health standards in the public sector and receive up
to 50 percent federal funding for the cost of Plan operations.
A State Plan for State and Local Government Employees may receive
initial approval even though at the time of submission not all
essential components of the Plan are in place. Pursuant to 29 CFR
1956.2(b), the Assistant Secretary may initially approve the submission
as a ``developmental plan,'' and a schedule within which the state must
complete all ``developmental steps'' within a three year period is
issued as part of the initial approval decision. 29 CFR part 1953
provides procedures for the review and approval of changes and progress
in the development and implementation of the State Plan.
When the Assistant Secretary has reviewed and approved all
developmental submissions and finds that the state has satisfactorily
completed all developmental steps specified in the initial approval
decision, a notice certifying such completion is published in the
Federal Register (see 29 CFR 1956.23 and 1902.34). Certification
attests to the structural completeness of the Plan but does not render
judgment as to the adequacy or effectiveness of state performance.
[[Page 3826]]
II. State Plan History
In 1965, the Governor of the State of New Jersey issued Executive
Order No. 20, establishing a safety and health program for state
employees. In the early 1970s New Jersey developed a State Plan under
the OSH Act. The Plan provided for a safety and health program which
would cover state and local government employees and all employees in
the private sector in the state. In 1975, New Jersey was preempted in
the safety and health field by the federal program because state
legislation was not provided as required by the federal program. In
1984, the New Jersey Public Employees Occupational Safety and Health
Act (PEOSH Act) was signed into law by Thomas H. Kean, Governor of the
State of New Jersey. This act empowered the Department of Labor and
Workforce Development, the Department of Health, and the Department of
Community Affairs to inspect and enforce the PEOSH Act. Because the
PEOSH Act, as structured, presented several obstacles to receive
federal funding for a State and Local Government Employees Plan, a
revision was signed into law by Governor Whitman in 1995.
The New Jersey State Plan for State and Local Government Employees
is operated by the New Jersey Department of Labor and Workforce
Development, Public Employees Occupational Safety and Health (PEOSH)
Program. This limited scope State Plan was initially approved as a
developmental plan under section 18 of the OSH Act, and 29 CFR part
1956, on January 11, 2001 (66 FR 2265). After the initial approval of
the State Plan for State and Local Government Employees in 2001, New
Jersey successfully submitted all of its developmental plan change
supplements.
In July 2013, PEOSH submitted a completely revised State Plan which
provided updated documentation on all its developmental steps,
including those previously approved, for OSHA review and consideration.
After extensive review of those documents and opportunity for state
correction, New Jersey submitted further revisions in December 2013,
May 2014, and July 2014.
III. Description of the Revised State Plan
New Jersey submitted plan supplements constituting a revised State
Plan document with subsequent revisions dated December 2013, May 2014
and July 2014. The revised State Plan updates and documents all
structural components of the New Jersey program. This includes a
revised narrative description of the current program, legislation,
administrative rules, standards, a compliance manual, and current
copies of all key documents relating to New Jersey's State Plan for
State and Local Government Employees. These documents are described
below and are being approved in this notice.
A. The Plan Narrative and Appendices
The Plan designates the New Jersey Department of Labor and
Workforce Development (LWD), through the Public Employees Occupational
Safety and Health (PEOSH) program, as the state agency responsible for
administering the Plan throughout the state. The New Jersey PEOSH Act,
N.J.S.A. 34:6A-25 et seq., delegates certain responsibilities to the
New Jersey Department of Health (DOH) in the implementation of the
PEOSH Act. Major responsibilities delegated include: Inspection,
investigation, and related activities in occupational health and
environmental control; medical and first aid; toxic and hazardous
substances; respiratory protective equipment, and sanitation.
The Plan narrative provides a general overview of PEOSH's legal
authority, standards and variances, regulations, enforcement policies
and procedures (the ``Field Operations Manual'' or ``FOM''), voluntary
compliance activities (including consultative services and training and
outreach programs), an occupational safety and health laboratory,
personnel policies and procedures, recordkeeping and reporting
requirements, budget, staffing and funding, all of which, together with
the supporting documents contained in various appendices, have been
determined to provide authority which is ``at least as effective as''
that of the OSH Act and to meet the criteria and indices for plan
approval contained in 29 CFR part 1956.
The State Plan appendices contain a variety of state statutes and
other documents related to the PEOSH program and its authority, contest
procedures, and personnel policies, including: N.J. PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50; 1995 N.J. Laws Chapter 186 (amendments
to PEOSH Act); 1995 N.J. Laws Chapter 186--Governor's Signature;
Memorandum of Understanding (MOU) between LWD & DOH; N.J. Admin. Code
Title 1, Chapter 30--Rules for Agency Rulemaking; Administrative
Procedures Act--N.J.S.A. 52:14B.
The appendices also contain the following regulations: Procedural
Standards for N.J. State Plan--N.J.A.C.12:110; Safety & Health
Standards for Public Employees--N.J.A.C.12:100; Standard for Hazard
Communication--N.J.A.C.12:100 Chapter #7; Hazard Communication
Alternative Std. Proposal; Hazard Communication Alternative Std.
Adoption; Standards for Indoor Firing Ranges for Public Employees--
N.J.A.C.12:100 Chapter 8; Standards for Firefighters--N.J.A.C.12:100
Chapter 10; Fire Brigade Std. Comparison; Indoor Air Quality Standard--
N.J.A.C.12:100 Chapter 13; Review Commission Rules of Procedure--
N.J.A.C.12:112; Discrimination against Employees--N.J.A.C.12:110
Chapter 7; Inspection Scheduling System; On-Site Consultations--
N.J.A.C.12:110 Chapter 8.; Consultation Policies and Procedures Manual,
Chapter 3, III; 5yr. Strategic Plan--2014-2019; and Informational,
Educational, & Training Materials.
B. Legislation
The Plan includes legislation, the New Jersey PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50 as enacted in 1984 and amended in 1995
and 1997. Pursuant to this law, the State Plan provides coverage for
all state and local government employment in New Jersey. The PEOSH Act
defines covered employers as ``public employer[s] and shall include any
person acting directly on behalf of, or with the knowledge and
ratification of: (1) The state, or any department, division, bureau,
board, council, agency or authority of the state, except any bi-state
agency; or (2) any county, municipality, or any department, division,
bureau, board, council, agency or authority of any county or
municipality, or of any school district or special purposes district
created pursuant to law.'' N.J.S.A.34:6A-27(c). It defines covered
employees as ``any public employee, any person holding a position by
appointment or employment in the service of an `employer' as that term
is used in this act and shall include any individual whose work has
ceased as a consequence of, or in connection with, any administrative
or judicial action instituted under this act; provided, however, that
elected officials, members of boards and commissions and managerial
executives as defined in the `New Jersey Employer-Employee Relations
Act,' P.L.1941, c. 100, C. 34:13A-1 et seq. shall be excluded from the
coverage of this act.'' N.J.S.A.34:6A-27(d). Thus, the PEOSH Act covers
county, municipality, or any department, division, bureau, board,
council, agency, or authority of any county or district created
pursuant to law; and volunteer firefighters and emergency responders.
The PEOSH Act contains authority for standards
[[Page 3827]]
adoption, right of entry, inspections, citations, proposed penalties
for failure-to-abate violations, worker rights, variances, non-
discrimination, recordkeeping and voluntary compliance programs, etc.
The PEOSH Act contains three provisions which differ substantially from
the federal OSH Act.
1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. This authority, together with follow-up inspections and
judicial enforcement, is the primary means of compelling the abatement
of hazards by state and local government employers under the New Jersey
State Plan.
2. Split Enforcement. Section 34:6A-35 of the PEOSH Act establishes
enforcement by two departments: DOH, which conducts inspections under
health regulations in the workplace; and LWD, which conducts
inspections under safety regulations in the workplace; but it is LWD
that issues Order to Comply.
3. Advisory Board. Section 34:6A-28 of the PEOSH Act establishes
the Public Employees Occupational Safety and Health Advisory Board
(``Advisory Board'') consisting of several New Jersey department
Commissioners and 18 members who represent state and local government
employers and employees. The Advisory Board assists the Commissioner of
Labor and Workforce Development (``Commissioner of Labor'') in
establishing standards for the occupational safety and health of public
employees and receives information regarding matters of concern to
public employees in the areas of occupational safety and health.
C. Standards
The PEOSH Act, section 34:6A-30(a) mandates that the Commissioner
of Labor adopt all applicable safety and health standards promulgated
under the OSH Act, which are in effect on the effective date of the
PEOSH Act (January 17, 1984). The New Jersey Plan has adopted all
federal OSHA standards since the inception of the OSH Act (N.J.A.C.
12:100) with the exception of Subpart L--Fire Protection, 29 CFR
1910.155 and 1910.156 (N.J.A.C. 12:100-10), and the Hazard
Communication Standard, 29 CFR 1910.1200 (N.J.A.C.12:100-7). The New
Jersey Plan assures the incorporation of any subsequent revisions or
additions to standards in a timely manner, including in response to
federal OSHA emergency temporary standards. The procedure for adoption
of federal OSHA standards is provided in the New Jersey State
Administrative Procedures Act, which requires submission of the
standard to the New Jersey Office of Administrative Law and publication
of the standard in the New Jersey State Register. Permanent standards
adopted by OSHA will be adopted by the Commissioner of Labor within six
(6) months from the federal promulgation date (N.J.A.C. 12:100-3A.1).
Public Employees Occupational Safety and Health Advisory Board.
Section 34:6A-28 of the PEOSH Act establishes the Advisory Board
consisting of the Commissioner of Education, the Commissioner of
Health, the Commissioner of Environmental Protection, the Commissioner
of Community Affairs, the State Treasurer, or their designees, and 18
members who represent state and local employers and employees, to be
appointed by the governor. The Advisory Board has two primary
functions: To assist the Commissioner of Labor in establishing
standards for the occupational safety and health of public employees,
and to receive information regarding matters of concern to public
employees in the areas of occupational safety and health.
Under the Plan, the Commissioner of Labor, in consultation with the
Commissioner of Health and the Commissioner of Community Affairs, and
with the advice of the Advisory Board, on his/her own initiative, can
propose additional or alternative occupational safety and health
standards if no federal standards are applicable or where standards
more stringent than the federal standards are deemed advisable
(N.J.S.A. 34:6A-30). The Advisory Board can also, after public
hearings, recommend such standards to the Commissioner of Labor. The
State Plan provides for the development and consideration of expert
technical information in the formulation of standards and allows
interested persons to submit information requesting development or
promulgation of any standard and to participate in any hearing for the
development, modification or establishment of standards. In addition,
the State Administrative Procedures Act requires public notice and
comment for all proposed rules, and provides opportunity for public
participation in related hearings. A notice of proposed rulemaking is
published in the New Jersey Register. The notice shall invite comments
from interested persons, and other such submissions, in accordance with
N.J.A.C. 1:30-1, Rules for Agency Rulemaking. The Plan includes the
state safety and health standards regulation, which codifies PEOSH's
adoption by reference of all federal OSHA safety and health standards
applicable to public employees. New Jersey standards are identical to
the federal standards with the following exceptions and additions. The
state promulgated and retained N.J.A.C. 12:100 Subchapter 8--Standard
for Indoor Firing Ranges for Public Employees, N.J.A.C. 12:100
Subchapter 13--Indoor Air Quality Standard and N.J.A.C. 12:100
Subchapter 10--Standards for Firefighters. On May 3, 2004, New Jersey
adopted a hazard communication standard with several additional
provisions which are more stringent than OSHA's Hazard Communication
Standard. These different or additional state requirements have been
reviewed and determined to be ``at least as effective'' as the
comparable federal standards.
D. Variances
Section 34:6A-39 of the PEOSH Act, the Administrative Procedure Act
(N.J.S.A.52:14B-1 et seq.), and N.J.A.C. 12:110 subchapter 6 establish
proceedings for the granting of permanent and temporary variances from
state standards, which are equivalent to the federal requirements at 29
CFR part 1905. These provisions require employee notification of
variance applications and provide for employee participation in
hearings held on variance applications. Variances may not be granted
unless it is established that adequate protection is afforded employees
under the terms of the variance. Under the Plan, all variances granted
have only future effect, and temporary variances are available only
prior to the effective date of a standard. Temporary variances may not
be renewed more than twice, and a renewal may not remain in effect
longer than 180 days. The Commissioner of Labor may issue one interim
order granting relief pending the hearing on permanent variance. The
procedures allow for the modification or revocation of permanent
variances at any time at least six months after issuance of the
variance.
E. Employee Notice and Discrimination Protection
The Plan provides for notification to employees of their
protections and obligations under the Plan by such means as the ``You
Have the Right to a Safe and Healthful Workplace. It's the Law!''
poster (which is included in the Plan documents and also available
electronically on the PEOSH Web site) and required posting of notices
of violations. Section 34:6A-45 of the PEOSH Act provides for
protection of employees against discharge or
[[Page 3828]]
discrimination resulting from exercise of their rights under the PEOSH
Act in terms parallel to section 11(c) of the OSH Act. Complaints must
be filed within 180 days after the alleged violation, and the
complainant must be notified of the Commissioner of Labor's
determination within 90 days of the receipt of the complaint. If the
Commissioner of Labor determines that the provisions of Section 34:6A-
45 have been violated, an order for all appropriate relief, including
rehiring or reinstatement of the employee to his/her former position
with back pay and reasonable legal costs will be issued. The notice
shall become the Commissioner of Labor's final determination, unless,
within 15 days of receipt of the notice, the employer or employee
requests a hearing before the Commissioner of Labor or his designee, in
which case the Commissioner of Labor shall issue his final
determination not more than 45 days after the hearing report is issued.
F. Inspections and Enforcement
The Commissioner of Labor and the Commissioner of Health are
charged with making inspections in their jurisdictional areas as
specified in the PEOSH Act (N.J.S.A.34:6A-30, 35). The Commissioners
may call on the professional staff of other departments whenever they
deem their assistance necessary. Inspection and enforcement policies
and procedures provided in the Plan are established by the PEOSH Act,
34:6A-35, and the PEOSH FOM. Each Commissioner obtains the right of
immediate entry at reasonable hours and without advance notice into any
workplace to conduct such investigations as he/she may deem necessary.
The authority of each Commissioner to inspect any premises for purposes
of investigating an alleged violation under his/her jurisdiction is not
limited to the alleged violation but shall extend to any other area of
the premises in which he/she has reason to believe that a violation of
any provision of the PEOSH Act under his/her jurisdiction exists. The
Commissioner of Health shall make his/her inspection records available
to the Commissioner of Labor for purposes of enforcement. 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 danger. Complaints must be filed in writing and
signed. Upon the request of the person giving the notice, his/her name
or the name of any employee representative giving the notice may be
withheld. The appropriate Commissioner shall conduct an appropriate
inspection at the earliest time possible. The Plan also includes a
prohibition of advance notice of inspections, a mechanism for employees
of the employer and their representatives to accompany the inspector
during the physical inspections, and opening, informal, and closing
conferences. If the Commissioner of Labor, or the Commissioner of
Health, concludes that conditions or practices in violation exist in
any workplace, the Commissioner of Labor shall, with reasonable
promptness, and in no case more than six months after his/her
determination or the receipt of the certificate or report, issue a
written Order to Comply to the employer (N.J.S.A.34:6A-41(a)).
Significant differences between federal OSHA and PEOSH inspection,
enforcement, and discrimination include the following:
1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. If the time for compliance with an Order of the
Commissioner of Labor elapses, and the employer has not made a good
faith effort to comply, the Commissioner of Labor shall issue a second
Order to Comply imposing a civil administrative penalty of up to $7,000
per day for each violation not abated. If the employer contests the
proposed daily penalties, a follow-up inspection shall still be
scheduled. If an Order and daily penalties are not to be proposed
because of an employer's flagrant disregard of an Order, the Director
of PEOSH shall immediately contact the Commissioner of Labor, in
writing, detailing the circumstances so that the matter can be referred
to the State Attorney General's Office for issuance of a restraining
order. Procedures for follow-up inspections are established in the
PEOSH FOM Chapter 7, Section XII.
2. Whistleblower (Discrimination). The period fixed in the Plan for
filing eligible complaints is 180 days, and the procedure in the Plan
for enforcing merit determinations is through Orders to Comply (N.J.S.A
34:6A-45).
G. Compliance Manual
The PEOSH FOM, first issued in April 2009, replaces the New Jersey
Field Inspection Reference Manual (FIRM) and is available to the public
on the LWD Web site. The New Jersey compliance manual parallels federal
OSHA's revised Field Operations Manual, CPL 02-00-150, and incorporates
other policies parallel to federal compliance directives and unique
state requirements. The PEOSH FOM provides guidance to PEOSH compliance
staff concerning general staff responsibilities, pre-inspection
procedures (including inspection scheduling and priorities, complaints
and other unprogrammed inspections and inspection preparation),
inspection procedures (including conduct of the inspection, opening
conference, closing conference, physical examination of the workplace,
follow-up inspections, fatality/catastrophe investigations, imminent
danger investigations, and construction inspections), inspection
documentation (including types of violations, violations of the general
duty clause, writing citations, and grouping/combining violations),
post-inspection procedures (including abatement, citations, penalties,
and post-citation processes), discrimination investigation procedures
(set forth in more detail in the PEOSH Whistleblower (Discrimination)
Investigations Manual, which parallels the relevant portions of federal
OSHA's Whistleblower Investigations Manual, CPL 02-03-003), and
disclosure of information under the New Jersey Open Public Records Act
(N.J.S.A. 47:1A-et seq.). New Jersey also uses and has adopted the OSHA
Technical Manual (TED 01-00-015), which replaced the former Industrial
Hygiene Manual, as guidance for its staff.
H. Review Procedures
Section 34:6A-42 of the PEOSH Act establishes an Occupational
Safety and Health Review Commission (``Review Commission'') within LWD
to hear appeals regarding Orders to Comply and penalties.
Under the Plan, both public employers and employees may seek formal
administrative review of LWD citations and penalties, as well as the
reasonableness of the abatement period, before the Review Commission
(N.J.S.A. Sections 34:6A-36, 41 and N.J.A.C. 12:110-4.13). The notice
of contest must be filed with the Commissioner of Labor within 15
working days of the issuance of an Order to Comply. The Commissioner of
Labor must immediately advise the Review Commission of the
notification, and the Review Commission will afford an opportunity for
a hearing. After hearing an appeal, the Review Commission may sustain,
modify or dismiss an Order or penalty, and the Review Commission's
decision shall become final 45 days after its issuance (N.J.S.A. 34:6A-
42).
[[Page 3829]]
I. Judicial Review
Appeals from decisions of the Review Commission are to the
Appellate Division of the Superior Court (N.J.S.A. 34:6A-43).
J. Budget and Personnel
The Plan includes the FY 2015 grant application under section 23(g)
of the OSH Act, which includes a current organizational chart and
detailed information on staffing and funding. The state has given
satisfactory assurances of adequate funding to support the Plan. In FY
2015, the State Plan was funded at $1,921,400 in federal section 23(g)
funds, $1,921,400 in matching state funds, and $911,664 in 100% state
funds, for a total federal and state contribution of $4,754,464. The
state has given satisfactory assurance (New Jersey State Plan, p.156)
that it will meet the staffing requirements of 29 CFR 1956.10. OSHA
considers PEOSH's current staffing and funding levels to be adequate
and appropriate.
K. Records and Reports
The Plan provides that state and local government employers in New
Jersey will maintain appropriate records and make timely reports on
occupational injuries and illnesses in a manner substantially identical
to and ``at least as effective as'' that required for private sector
employers under federal OSHA. New Jersey participates and has assured
that it will continue its participation in the Bureau of Labor
Statistics Annual Survey of Injuries and Illnesses in the public
sector. The Plan also contains assurances that the Commissioner of
Labor will provide reports to OSHA in such form as the Assistant
Secretary may require and that New Jersey will continue to participate
in the OSHA Information System (OIS). The state adopted federal OSHA's
revision of its recordkeeping rules (29 CFR part 1904; 66 FR 5916-
6135), January 19, 2001, as well as OSHA's New Reporting Requirements
(January 2015).
L. Voluntary Compliance Programs
The state and local government employee consultation program makes
available both safety consultants and industrial hygienists to state
and local government employers who request such service for the purpose
of apprising them of existing hazards and the best means of abatement.
The PEOSH consultation program generally follows OSHA's Consultation
Policies and Procedures Manual, CSP 02-00-002. The consultation program
also provides outreach and training in support of PEOSH's activities.
Under the Plan, training is provided to state and local government
employers and employees, and seminars are conducted to familiarize
affected individuals with applicable safety and health standards and
requirements and safe work practices. PEOSH has a variety of public
information programs to disseminate information and publications on
important safety and health concerns. Policies and procedures for
outreach programs, including training, educational and informational
services, as well as voluntary compliance programs, are described in
the Consultation Policies and Procedures Manual.
IV. Completion of Developmental Steps
With the approval of the revised State Plan in today's action, all
developmental steps specified in the January 11, 2001 notice of initial
approval of the New Jersey State Plan for State and Local Government
Employees, and other relevant steps, have been successfully completed
and approved as follows:
A. In accordance with New Jersey development step (a), the State of
New Jersey has promulgated standards identical to all federal OSHA
standards with the exception of Subpart L--Fire Protection and the
Hazard Communication Standard (both include provisions which are more
stringent than federal OSHA's). New Jersey has also established state
standards on issues for which no federal standards are applicable. The
state standards are the Indoor Firing Ranges for Public Employees
Standard, and the Indoor Air Quality Standard. These four state-
specific standards are approved by the Assistant Secretary in today's
notice.
B. In accordance with New Jersey development step (b), New Jersey
has promulgated regulations for inspections, citations, and abatement
equivalent to 29 CFR part 1903, as supplemented by the PEOSH Act and
the PEOSH FOM, all of which are approved by the Assistant Secretary in
today's notice.
C. In accordance with New Jersey development step (c), New Jersey
has developed a five-year strategic plan which is approved in today's
notice.
D. In accordance with New Jersey development step (d), the state
has developed a Field Operations Manual which parallels the OSHA Field
Operations Manual, CPL 02-00-150, and incorporates other federal
compliance policy directives and unique state requirements. The state's
Field Operations Manual is approved in today's notice.
E. In accordance with New Jersey development step (e), the state
has implemented a state and local government employer/employee
consultation, training, and education program equivalent to 29 CFR part
1908 which is approved in today's notice.
F. In accordance with New Jersey development step (f), the state
developed and adopted employee non-discrimination procedures equivalent
to 29 CFR part 1977 which are approved in today's notice.
G. In accordance with New Jersey development step (g), the State
Plan promulgated regulations for granting variances equivalent to 29
CFR part 1905 which are approved in today's notice.
H. In accordance with New Jersey development step (h), the state
has promulgated regulations regarding recordkeeping equivalent to 29
CFR 1904, including the new recordkeeping rule, revised on January 1,
2015, which are approved in today's notice.
V. Decision
A. Approval of Plan Supplements
After careful review, opportunity for state correction, and
subsequent revision, the plan supplements constituting a revised New
Jersey State Plan for State and Local Government Employees and its
components described above are found to be in substantial conformance
with comparable federal provisions and the requirements of 29 CFR part
1956 and are hereby approved under 29 CFR part 1953 as providing a
revised State Plan for the development and enforcement of standards
which is ``at least as effective as'' the federal program, as required
by section 18 of the OSH Act and 29 CFR part 1956. The right to
reconsider this approval of the revised State Plan supplements is
reserved should substantial objections or other information become
available to the Assistant Secretary regarding any components of the
Plan changes.
B. Certification
With the approval of a revised State Plan as noted above, all
developmental steps have now been successfully completed, documented,
and approved. In accordance with 29 CFR 1956.23, the New Jersey State
Plan for State and Local Government Employees is certified as having
successfully completed all developmental steps. This certification
attests to the structural completeness of the State Plan and that it
has all the necessary authorities and procedures to provide ``at least
as effective'' standards, enforcement, and compliance assistance to the
employees of the State of New Jersey and its
[[Page 3830]]
political subdivisions. This action renders no judgment as to the
effectiveness of the State Plan in actual operations.
VI. Location of Basic State Plan Documentation
Copies of the revised New Jersey State Plan for State and Local
Government Employees are available on the State Plan's Web site or upon
request. Contact the Regional Administrator, U.S. Department of Labor,
Occupational Safety and Health Administration, 201 Varick Street, Room
670, New York, New York 10014; or the New Jersey Public Employee
Occupational Safety and Health Program, 1 John Fitch Plaza, P.O. Box
386, Trenton, NJ 08625-0386.
Components of the New Jersey State Plan, including the Field
Operation Manual, recordkeeping regulations and instructions, complaint
forms, and other program information are posted on the New Jersey
Department of Labor & Workforce Development, Public Employee
Occupational Safety and Health Web site at: https://www.state.nj.us/health/peosh/.
The PEOSH Act is administered by two departments: the New Jersey
Department of Health enforces health regulations in the workplace; and
the New Jersey Department of Labor & Workforce Development enforces
safety regulations in the workplace. To obtain information, visit the
NJDLWD PEOSH Program Web site at: https://lwd.dol.state.nj.us/labor/lsse/safetyhealth_index.html or call (609) 633-3896.
Information on PEOSH laws and regulations can be found on the New
Jersey Web site at: https://lwd.dol.state.nj.us/labor/lsse/laws/peosha_law.html.
Information on the New Jersey Department of Labor and Workforce
Development, Office of Administrative Law and Review Commission can be
found on the New Jersey Labor and Workforce Development Web site at:
https://lwd.dol.state.nj.us/. The state Administrative Procedures Act
can be found on the Governor's Web site at: https://www.nj.gov/governor/.
Electronic copies of this Federal Register notice and the related
press release are available on OSHA's Web site at: https://www.osha.gov.
More information on the New Jersey State Plan can be found on OSHA's
Office of State Programs Web site at: https://www.osha.gov/dcsp/osp/stateprogs/new_jersey.html.
Authority and Signature
This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under section 18 of the Occupational Safety and
Health Act of 1970, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1956;
and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Signed in Washington, DC, on January 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-01286 Filed 1-21-16; 8:45 am]
BILLING CODE 4510-26-P
