New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 110 - OCCUPATIONAL SAFETY AND HEALTH PROCEDURAL STANDARDS FOR PUBLIC EMPLOYEES
Subchapter 6 - VARIANCES
Section 12:110-6.5 - Temporary variance
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Pursuant to 34:6A-39, any employer or group of employers, may request a temporary variance from a standard, or provision thereof, by filing a written application containing the information specified in (b) below with the:
Commissioner of Labor and Workforce Development
New Jersey Department of Labor and Workforce Development
PO Box 110
Trenton, New Jersey 08625-0110
(b) An application filed pursuant to (a) above shall include:
(c) The Commissioner may issue one interim order granting relief pending a hearing.
(d) No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter.
(e) A temporary order may be renewed no more than twice provided that an application meeting all of the requirements for the initial application is filed at least 90 days prior to the expiration date of the order. Any renewal shall be for a maximum of 180 days.
(f) In applications relating to health standards the Commissioner shall consult with the Commissioner of Health before rendering a decision.
(g) A copy of the order shall be served upon the applicant for the order and other parties and the terms of the order shall be published on the New Jersey Department of Labor and Workforce Development website at lwd.state.nj.us/labor/index.shtml and in a newspaper situated in the geographical area where the variance was requested. It shall be a condition of the order that the affected employers shall give notice thereof to affected employees by the same means to be used to inform them of an application for a variance.