Current through Register Vol. 56, No. 18, September 16, 2024
(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.
