Current through Register Vol. 57, No. 6, March 17,
2025
(a) Employers,
training agencies and instructors may be assessed civil administrative
penalties not to exceed $25,000 for each violation of the Act or this chapter,
including, but not limited to:
1. Performing
as an employer without a license;
2. Allowing an employee to work without a
permit;
3. Submitting false
information on the application for a license;
4. Submitting false information on the
application for a course certification or instructor approval;
5. Performing as a training agency without
certification;
6. Failure to meet
license performance standards when performing asbestos abatement
work;
7. Failure to perform quality
asbestos training;
8. Submitting
false information on training records;
9. Failure to fulfill notification
requirements pursuant to N.J.A.C. 12:120-7 and 8:60-7;
10. Other violations of the Act or this
chapter.
(b) Workers,
supervisors, and trainees may be assessed civil administrative penalties not to
exceed $25,000 for each violation of the Act or this chapter, including, but
not limited to:
1. Working as an employee
without a permit;
2. Submitting
false information on the application for a permit;
3. Submitting false information on the
application for an examination;
4.
Submitting false information to gain entrance into an examination;
5. Using fraudulent means during the taking
of an examination;
6. Using
fraudulent means to pass an examination;
7. Tampering with, altering, or defacing a
permit;
8. Submitting false
information on training records;
9.
Other violations of the Act or this chapter;
(c) In assessing a civil administrative
penalty pursuant to this chapter, the Commissioner of Labor and Workforce
Development or the Commissioner of Health, as the case may be, may consider the
following factors, where applicable, in determining what constitutes an
appropriate penalty for the particular violations:
1. Degree of hazard posed to human health and
the environment;
2. Degree of harm
posed to the proper administration of the licensing/permitting
program;
3. Category of culpability
evidenced by the violator's action, including knowing action, reckless action,
or negligent action;
i. In determining
culpability, ignorance of any legal requirement of the Act or this chapter
shall constitute a negligent action unless the legal requirement is one of
which the violator has constructive notice, in which case the violator's action
shall be classified as reckless;
ii. Actual notice of the legal requirement of
the Act or this chapter shall constitute a finding of knowing action;
4. Past history of compliance on
the part of the violator;
5.
Economic benefit which the violator accrues as a result of the violation;
and
6. Cooperation of the violator
in correcting the violation.
(d) In addition to other sanctions in the Act
or this chapter, the Commissioner of Labor and Workforce Development or the
Commissioner of Health, as the case may be, shall have the authority to
require:
1. The immediate correction of any
violation;
2. The removal of the
employer from the job site within the meaning and purposes of the
Act;
3. The removal of any worker
from the job site within the meaning and purposes of the Act;
4. The removal of any supervisor from the job
site within the meaning and purposes of the Act; and
5. The removal of any instructor from the
training course within the meaning and purposes of the Act.
