New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 112 - OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION RULES OF PROCEDURE
Subchapter 1 - GENERAL PROVISIONS
Section 12:112-1.3 - Definitions

Universal Citation: NJ Admin Code 12:112-1.3
Current through Register Vol. 56, No. 18, September 16, 2024

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the New Jersey Public Employees Occupational Safety and Health Act, 34:6A-25 et seq.

"Chairperson" means the Review Commission member designated by the Governor to serve as chairperson.

"Commissioner" means the Commissioner of the New Jersey Department of Labor and Workforce Development or his or her designee.

"Complainant" means the employer, employee or employee representative who has filed a Notice of Contest.

"Day" means a calendar day.

"Employee" means any public employee, any person holding a position by appointment or employment in the service of an "employer" as that term is used in the 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, 34:13A-1 et seq., shall be excluded from the coverage of the Act.

"Employee representative" means a "representative" as that term is defined in the New Jersey Employer-Employee Relations Act, 34:13A-1 et seq.

"Employer" means public employer 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.

"Non-party" means a person or entity who participates in the Review Commission proceeding as a witness or in amicus curiae capacity.

"Notice" means Notice of Contest.

"Order to comply" means a written directive issued by the Commissioner to an employer as set forth in 34:6A-41.

"Party" means either the complainant who is the employer, employee or employee representative who has filed a Notice of Contest with the Commissioner or the Commissioner who is the respondent.

"Proceeding" means any proceeding before the Review Commission.

"Review Commission" means the Occupational Safety and Health Review Commission created by 34:6A-42.

"Working day" means any Monday through Friday but shall not include Saturday, Sunday, any Federal holiday or any State holiday. In computing 15 working days, the day of receipt of any notice shall not be included.

"Workplace" means a place where public employees are assigned to work.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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