New Jersey Plan
[New Jersey State Plan Website -
Safety |
Health]
Contact Information |
![](https://webarchive.library.unt.edu/web/20120928062807im_/http://www.osha.gov/images/clear.gif) |
New Jersey Department of Labor and Workforce Development
Public Employees Occupational Safety and Health (PEOSH) Office
One John Fitch Plaza - State Office Building Campus
P O Box 110
Trenton, New Jersey 08625-0110
PH: (609) 633-3896
FAX:(609) 292-3749
Harold J. Wirths, Commissioner
PH: (609) 984-1389
John Monahan, Assistant Commissioner
Ph: (609) 292-2313
.....................................................
Division of Public Safety and
Occupational Safety and Health (PSOSH)
Howard Black, Director
PH: (609) 292-0501
John Patterson,
Chief
PH: (609) 984-2425
.....................................................
For all health-related matters,
please contact:
State of New Jersey
Department of Health and Senior Services
One John Fitch Plaza
P O Box 360
Trenton, New Jersey 08625-0360
PH: (609) 984-1863
FAX: (609) 984-2779
Mary E. O’Dowd, Commissioner
PH: (609) 292-7837
Consumer, Environmental and Occupational Health Service (CEOHS)
Joe Eldridge, Director
PH: (609) 826-4920
Public Employees Occupational Safety and Health (PEOSH) Office
Michael A. Coyne, Program Coordinator
PH: (609) 292-6660 |
About the New Jersey State Plan
The Public Employee Occupational Safety and Health Program (PEOSH),
by authority established under the PEOSH Act of 1995 (N.J.S.A
34:6A-25 et seq., enacted in 1984 and amended on July 25, 1995) is
responsible for promoting the health and safety for approximately
500,000 State and Local government employees in the State. The New
Jersey Plan received initial plan approval on January 11, 2001. The
Plan designates the New Jersey Department of Labor and Workforce
Development as the State agency responsible for administering the
Plan throughout the State. Under this enabling legislation, the
Commissioner of Labor and Workforce Development has full authority
to enforce and administer all laws and rules protecting the safety
and health of all employees of the state and its political
subdivisions in the State, as well the responsibility to adopt all
applicable federal standards and maintain "at least as effective" as
performance requirements. The Commissioner of Health and Senior
Services has authority for occupational health matters including the
authority to conduct health inspections, investigations and related
activities, such as health consultation visits and training.
Jurisdiction
The New Jersey State Plan applies to all State, County and Local
government agencies, public authorities, fire departments, and
school districts.
Federal OSHA maintains jurisdiction over all private sector
workplaces; federal agencies; maritime employers such as shipyards,
marine terminals, and longshoring; military facilities; Indian
sovereignty workplaces; and the U.S. Postal Service.
Regulations and Standards
States must set job safety and health standards that are "at least
as effective" as Federal OSHA standards. States may promulgate
standards that are more stringent than the comparable federal
standards or promulgate standards covering hazards not addressed by
federal standards.
The PEOSH Program has adopted identically all Federal OSHA standards
and regulations applicable to public sector employment, with the
exception of the following:
- Hazard Communication Program - 1910.1200 - PEOSH modified OSHA's
standard to include specific provisions of the State's Right-to-Know
Law regarding fact sheets on chemicals - State Standard NJAC
12:100-7
- Fire Brigade 1910.156 - State Standard NJAC 12:100-10
In addition, the New Jersey Plan provides for the adoption of
alternative or different occupational safety and health standards by
the Commissioner of Labor and Workforce Development in consultation
with the Commissioner of Health and Senior Services, the
Commissioner of Community Affairs, and the Public Employees
Occupational Safety and Health Advisory Board, where no Federal
standards are applicable to the conditions or circumstances or where
standards more stringent than the federal are deemed advisable.
Currently, PEOSH has two State-initiated Standards, administered by
the Department of Health and Senior Services:
- Indoor Air Quality - NJAC 12:100-13
- Indoor Firing Ranges - NJAC 12:100-8
The
Hazard Communication Program, Standards for Firefighters, Indoor
Air Quality and Indoor Firing Ranges standards are part of the PEOSH
Act.
Enforcement Programs
PEOSH adopted the federal Field Inspection Reference Manual (FIRM)
[PDF
- 2 MB] with modifications specific for public sector
enforcement.
The program is administered by two departments with respective
subdivisions as follows:
- Department of Labor and Workforce Development (LWD) - Responsible
for the administration of the program and its enforcement
procedures, including standards adoption, compliance with all
federal program changes and all safety related matters. Subdivided
into enforcement and consultation/training and education divisions.
- Department of Health and Senior Services (DHSS) - Responsible for
the enforcement of all health-related standards and to encourage
employers in their efforts to improve workplace environmental
conditions. Subdivided into enforcement and consultation/training
and education divisions.
Voluntary and Cooperative Programs
PEOSH offers a number of voluntary and free cooperative programs
focusing on reducing injuries, illnesses and fatalities in the
public sector, including workplace hazard assessment surveys,
training and outreach seminars. All consultation services are
conducted separate and apart from enforcement activities. PEOSH has
also a Safety and Health Achievement and Recognition Program (SHARP)
specifically tailored for public sector workplaces in New Jersey.
Additional information on the State Plan's Public Sector
Consultation Services can be found at the following numbers and web
links:
Safety - (609) 633-2587
Health - (609) 984-1863
New Jersey also has an agreement with OSHA, under Section 21(d) of
the OSH Act to provide free onsite consultation services to the
private sector. For more information on this service, please contact
the Onsite Consultation Program at (609) 984-0785 or
online.
Policies and Procedures
PEOSH's Program Safety Directives
PEOSH's Program Health Directives
Informal Conferences and Appeals
Under
Section 34:6A-42 of the PEOSH Act, employers, employees and
other affected parties may seek informal review with the Department
of Labor and Workforce Development relative to a notice of
violation/Order to Comply, the reasonableness of the abatement
period, any penalty and/or may seek formal administrative review
with the Occupational Safety and Health Review Commission, a board
appointed by the Governor and authorized under section 34:6A.42 of
the New Jersey Act to hear and rule on appeals of orders to comply
and any penalties proposed. Any employer, employee or employee
representative affected by a determination of the Commissioner may
file a contest within fifteen (15) working days of the issuance of
an order to comply. The Review Commission will issue an order, based
on a finding of fact, affirming, modifying, or vacating the
commissioner's order to comply or the proposed penalty, or directing
other appropriate relief, and the order shall become final 45 days
after its issuance. Judicial review of the decision of the Review
Commission may be sought at the Appellate Division of the Superior
Court. For further information you can access the Review Commission
section of the PEOSH Act using the web link below. You can also
contact the office at (609) 633-3896.
Other Resources
Publications, Posters and Forms can be found at the following links:
Office of Public Employee's Occupational Safety and Health
Publications
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate
and up to date, but changes in state law and procedures affecting the
information on this page are beyond OSHA's control. Contact state program staff
directly to verify important information.
Accessibility Assistance:
Contact the OSHA Directorate of Cooperative and State Programs at
202-693-2244 for assistance accessing PDF materials.