81 FR 3825 - New Jersey State Plan for State and Local Government Employees; Approval of Plan Supplements and Certification of Completion of Developmental Steps

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

Page Range		3825-3830
FR Document		2016-01286
The New Jersey Department of Labor and Workforce Development (LWD) submitted timely documentation attesting to the completion of all structural and developmental aspects of its State Plan for State and Local Government Employees as approved by the Occupational Safety and Health Administration (OSHA). After extensive review of the submissions and opportunity for correction, Plan supplements constituting an updated and revised State Plan were submitted. OSHA is approving the revised State Plan, which documents the satisfactory completion of all structural and developmental aspects of New Jersey's approved State Plan, and certifying this completion. This certification attests to the fact that New Jersey now has in place those structural components necessary for an effective State Plan for State and Local Government Employees. (Enforcement of occupational safety and health standards with regard to private sector employers and employees in the State of New Jersey remains the responsibility of the U.S. Department of Labor, OSHA).
Federal Register, Volume 81 Issue 14 (Friday, January 22, 2016)
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3825-3830]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01286]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-T034-2006-0779]


New Jersey State Plan for State and Local Government Employees; 
Approval of Plan Supplements and Certification of Completion of 
Developmental Steps

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: The New Jersey Department of Labor and Workforce Development 
(LWD) submitted timely documentation attesting to the completion of all 
structural and developmental aspects of its State Plan for State and 
Local Government Employees as approved by the Occupational Safety and 
Health Administration (OSHA). After extensive review of the submissions 
and opportunity for correction, Plan supplements constituting an 
updated and revised State Plan were submitted. OSHA is approving the 
revised State Plan, which documents the satisfactory completion of all 
structural and developmental aspects of New Jersey's approved State 
Plan, and certifying this completion. This certification attests to the 
fact that New Jersey now has in place those structural components 
necessary for an effective State Plan for State and Local Government 
Employees. (Enforcement of occupational safety and health standards 
with regard to private sector employers and employees in the State of 
New Jersey remains the responsibility of the U.S. Department of Labor, 
OSHA).

DATES: Effective Date: January 22, 2016.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries, contact Frank Meilinger, Director, Office of Communications, 
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue 
NW., Washington, DC 20210; telephone (202) 693-1999; email: 
[email protected]. For technical inquiries, contact Douglas 
Kalinowski, Director, Directorate of Cooperative and State Programs, 
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
3700, Washington, DC 20210; telephone (202) 693-2244; email: 
[email protected]. Electronic copies of this Federal Register 
notice, as well as all OSHA Federal Register notices mentioned in this 
document, are available on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the 
``OSH Act;'' 29 U.S.C. 667) provides that a state which desires to 
assume responsibility for the development and enforcement of 
occupational safety and health standards may submit for OSHA review and 
approval a State Plan for such development and enforcement. Regulations 
at 29 CFR part 1956 provide that a state may voluntarily submit a State 
Plan for the development and enforcement of occupational safety and 
health standards applicable only to employers and employees of the 
state and its political subdivisions. State and local government 
employers are excluded from federal OSHA coverage under section 3(5) of 
the OSH Act.
    Under these regulations, the Assistant Secretary of Labor for 
Occupational Safety and Health (``Assistant Secretary'') may approve a 
State Plan for State and Local Government Employees, if the Plan 
provides for the development and enforcement of standards relating to 
hazards in employment covered by the Plan which are or will be at least 
as effective in providing safe and healthful employment and places of 
employment for public employees as standards promulgated and enforced 
by federal OSHA under section 6 of the OSH Act, giving due 
consideration to differences between public and private sector 
employment. Following initial approval, the state may begin enforcement 
of its safety and health standards in the public sector and receive up 
to 50 percent federal funding for the cost of Plan operations.
    A State Plan for State and Local Government Employees may receive 
initial approval even though at the time of submission not all 
essential components of the Plan are in place. Pursuant to 29 CFR 
1956.2(b), the Assistant Secretary may initially approve the submission 
as a ``developmental plan,'' and a schedule within which the state must 
complete all ``developmental steps'' within a three year period is 
issued as part of the initial approval decision. 29 CFR part 1953 
provides procedures for the review and approval of changes and progress 
in the development and implementation of the State Plan.
    When the Assistant Secretary has reviewed and approved all 
developmental submissions and finds that the state has satisfactorily 
completed all developmental steps specified in the initial approval 
decision, a notice certifying such completion is published in the 
Federal Register (see 29 CFR 1956.23 and 1902.34). Certification 
attests to the structural completeness of the Plan but does not render 
judgment as to the adequacy or effectiveness of state performance.

[[Page 3826]]

II. State Plan History

    In 1965, the Governor of the State of New Jersey issued Executive 
Order No. 20, establishing a safety and health program for state 
employees. In the early 1970s New Jersey developed a State Plan under 
the OSH Act. The Plan provided for a safety and health program which 
would cover state and local government employees and all employees in 
the private sector in the state. In 1975, New Jersey was preempted in 
the safety and health field by the federal program because state 
legislation was not provided as required by the federal program. In 
1984, the New Jersey Public Employees Occupational Safety and Health 
Act (PEOSH Act) was signed into law by Thomas H. Kean, Governor of the 
State of New Jersey. This act empowered the Department of Labor and 
Workforce Development, the Department of Health, and the Department of 
Community Affairs to inspect and enforce the PEOSH Act. Because the 
PEOSH Act, as structured, presented several obstacles to receive 
federal funding for a State and Local Government Employees Plan, a 
revision was signed into law by Governor Whitman in 1995.
    The New Jersey State Plan for State and Local Government Employees 
is operated by the New Jersey Department of Labor and Workforce 
Development, Public Employees Occupational Safety and Health (PEOSH) 
Program. This limited scope State Plan was initially approved as a 
developmental plan under section 18 of the OSH Act, and 29 CFR part 
1956, on January 11, 2001 (66 FR 2265). After the initial approval of 
the State Plan for State and Local Government Employees in 2001, New 
Jersey successfully submitted all of its developmental plan change 
supplements.
    In July 2013, PEOSH submitted a completely revised State Plan which 
provided updated documentation on all its developmental steps, 
including those previously approved, for OSHA review and consideration. 
After extensive review of those documents and opportunity for state 
correction, New Jersey submitted further revisions in December 2013, 
May 2014, and July 2014.

III. Description of the Revised State Plan

    New Jersey submitted plan supplements constituting a revised State 
Plan document with subsequent revisions dated December 2013, May 2014 
and July 2014. The revised State Plan updates and documents all 
structural components of the New Jersey program. This includes a 
revised narrative description of the current program, legislation, 
administrative rules, standards, a compliance manual, and current 
copies of all key documents relating to New Jersey's State Plan for 
State and Local Government Employees. These documents are described 
below and are being approved in this notice.

A. The Plan Narrative and Appendices

    The Plan designates the New Jersey Department of Labor and 
Workforce Development (LWD), through the Public Employees Occupational 
Safety and Health (PEOSH) program, as the state agency responsible for 
administering the Plan throughout the state. The New Jersey PEOSH Act, 
N.J.S.A. 34:6A-25 et seq., delegates certain responsibilities to the 
New Jersey Department of Health (DOH) in the implementation of the 
PEOSH Act. Major responsibilities delegated include: Inspection, 
investigation, and related activities in occupational health and 
environmental control; medical and first aid; toxic and hazardous 
substances; respiratory protective equipment, and sanitation.
    The Plan narrative provides a general overview of PEOSH's legal 
authority, standards and variances, regulations, enforcement policies 
and procedures (the ``Field Operations Manual'' or ``FOM''), voluntary 
compliance activities (including consultative services and training and 
outreach programs), an occupational safety and health laboratory, 
personnel policies and procedures, recordkeeping and reporting 
requirements, budget, staffing and funding, all of which, together with 
the supporting documents contained in various appendices, have been 
determined to provide authority which is ``at least as effective as'' 
that of the OSH Act and to meet the criteria and indices for plan 
approval contained in 29 CFR part 1956.
    The State Plan appendices contain a variety of state statutes and 
other documents related to the PEOSH program and its authority, contest 
procedures, and personnel policies, including: N.J. PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50; 1995 N.J. Laws Chapter 186 (amendments 
to PEOSH Act); 1995 N.J. Laws Chapter 186--Governor's Signature; 
Memorandum of Understanding (MOU) between LWD & DOH; N.J. Admin. Code 
Title 1, Chapter 30--Rules for Agency Rulemaking; Administrative 
Procedures Act--N.J.S.A. 52:14B.
    The appendices also contain the following regulations: Procedural 
Standards for N.J. State Plan--N.J.A.C.12:110; Safety & Health 
Standards for Public Employees--N.J.A.C.12:100; Standard for Hazard 
Communication--N.J.A.C.12:100 Chapter #7; Hazard Communication 
Alternative Std. Proposal; Hazard Communication Alternative Std. 
Adoption; Standards for Indoor Firing Ranges for Public Employees--
N.J.A.C.12:100 Chapter 8; Standards for Firefighters--N.J.A.C.12:100 
Chapter 10; Fire Brigade Std. Comparison; Indoor Air Quality Standard--
N.J.A.C.12:100 Chapter 13; Review Commission Rules of Procedure--
N.J.A.C.12:112; Discrimination against Employees--N.J.A.C.12:110 
Chapter 7; Inspection Scheduling System; On-Site Consultations--
N.J.A.C.12:110 Chapter 8.; Consultation Policies and Procedures Manual, 
Chapter 3, III; 5yr. Strategic Plan--2014-2019; and Informational, 
Educational, & Training Materials.

B. Legislation

    The Plan includes legislation, the New Jersey PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50 as enacted in 1984 and amended in 1995 
and 1997. Pursuant to this law, the State Plan provides coverage for 
all state and local government employment in New Jersey. The PEOSH Act 
defines covered employers as ``public employer[s] 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.'' N.J.S.A.34:6A-27(c). It defines covered 
employees as ``any public employee, any person holding a position by 
appointment or employment in the service of an `employer' as that term 
is used in this 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,' P.L.1941, c. 100, C. 34:13A-1 et seq. shall be excluded from the 
coverage of this act.'' N.J.S.A.34:6A-27(d). Thus, the PEOSH Act covers 
county, municipality, or any department, division, bureau, board, 
council, agency, or authority of any county or district created 
pursuant to law; and volunteer firefighters and emergency responders. 
The PEOSH Act contains authority for standards

[[Page 3827]]

adoption, right of entry, inspections, citations, proposed penalties 
for failure-to-abate violations, worker rights, variances, non-
discrimination, recordkeeping and voluntary compliance programs, etc. 
The PEOSH Act contains three provisions which differ substantially from 
the federal OSH Act.
    1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a 
penalty structure which provides for failure-to-abate penalties of up 
to $7,000 per day for serious violations and other-than-serious 
violations. This authority, together with follow-up inspections and 
judicial enforcement, is the primary means of compelling the abatement 
of hazards by state and local government employers under the New Jersey 
State Plan.
    2. Split Enforcement. Section 34:6A-35 of the PEOSH Act establishes 
enforcement by two departments: DOH, which conducts inspections under 
health regulations in the workplace; and LWD, which conducts 
inspections under safety regulations in the workplace; but it is LWD 
that issues Order to Comply.
    3. Advisory Board. Section 34:6A-28 of the PEOSH Act establishes 
the Public Employees Occupational Safety and Health Advisory Board 
(``Advisory Board'') consisting of several New Jersey department 
Commissioners and 18 members who represent state and local government 
employers and employees. The Advisory Board assists the Commissioner of 
Labor and Workforce Development (``Commissioner of Labor'') in 
establishing standards for the occupational safety and health of public 
employees and receives information regarding matters of concern to 
public employees in the areas of occupational safety and health.

C. Standards

    The PEOSH Act, section 34:6A-30(a) mandates that the Commissioner 
of Labor adopt all applicable safety and health standards promulgated 
under the OSH Act, which are in effect on the effective date of the 
PEOSH Act (January 17, 1984). The New Jersey Plan has adopted all 
federal OSHA standards since the inception of the OSH Act (N.J.A.C. 
12:100) with the exception of Subpart L--Fire Protection, 29 CFR 
1910.155 and 1910.156 (N.J.A.C. 12:100-10), and the Hazard 
Communication Standard, 29 CFR 1910.1200 (N.J.A.C.12:100-7). The New 
Jersey Plan assures the incorporation of any subsequent revisions or 
additions to standards in a timely manner, including in response to 
federal OSHA emergency temporary standards. The procedure for adoption 
of federal OSHA standards is provided in the New Jersey State 
Administrative Procedures Act, which requires submission of the 
standard to the New Jersey Office of Administrative Law and publication 
of the standard in the New Jersey State Register. Permanent standards 
adopted by OSHA will be adopted by the Commissioner of Labor within six 
(6) months from the federal promulgation date (N.J.A.C. 12:100-3A.1).
    Public Employees Occupational Safety and Health Advisory Board. 
Section 34:6A-28 of the PEOSH Act establishes the Advisory Board 
consisting of the Commissioner of Education, the Commissioner of 
Health, the Commissioner of Environmental Protection, the Commissioner 
of Community Affairs, the State Treasurer, or their designees, and 18 
members who represent state and local employers and employees, to be 
appointed by the governor. The Advisory Board has two primary 
functions: To assist the Commissioner of Labor in establishing 
standards for the occupational safety and health of public employees, 
and to receive information regarding matters of concern to public 
employees in the areas of occupational safety and health.
    Under the Plan, the Commissioner of Labor, in consultation with the 
Commissioner of Health and the Commissioner of Community Affairs, and 
with the advice of the Advisory Board, on his/her own initiative, can 
propose additional or alternative occupational safety and health 
standards if no federal standards are applicable or where standards 
more stringent than the federal standards are deemed advisable 
(N.J.S.A. 34:6A-30). The Advisory Board can also, after public 
hearings, recommend such standards to the Commissioner of Labor. The 
State Plan provides for the development and consideration of expert 
technical information in the formulation of standards and allows 
interested persons to submit information requesting development or 
promulgation of any standard and to participate in any hearing for the 
development, modification or establishment of standards. In addition, 
the State Administrative Procedures Act requires public notice and 
comment for all proposed rules, and provides opportunity for public 
participation in related hearings. A notice of proposed rulemaking is 
published in the New Jersey Register. The notice shall invite comments 
from interested persons, and other such submissions, in accordance with 
N.J.A.C. 1:30-1, Rules for Agency Rulemaking. The Plan includes the 
state safety and health standards regulation, which codifies PEOSH's 
adoption by reference of all federal OSHA safety and health standards 
applicable to public employees. New Jersey standards are identical to 
the federal standards with the following exceptions and additions. The 
state promulgated and retained N.J.A.C. 12:100 Subchapter 8--Standard 
for Indoor Firing Ranges for Public Employees, N.J.A.C. 12:100 
Subchapter 13--Indoor Air Quality Standard and N.J.A.C. 12:100 
Subchapter 10--Standards for Firefighters. On May 3, 2004, New Jersey 
adopted a hazard communication standard with several additional 
provisions which are more stringent than OSHA's Hazard Communication 
Standard. These different or additional state requirements have been 
reviewed and determined to be ``at least as effective'' as the 
comparable federal standards.

D. Variances

    Section 34:6A-39 of the PEOSH Act, the Administrative Procedure Act 
(N.J.S.A.52:14B-1 et seq.), and N.J.A.C. 12:110 subchapter 6 establish 
proceedings for the granting of permanent and temporary variances from 
state standards, which are equivalent to the federal requirements at 29 
CFR part 1905. These provisions require employee notification of 
variance applications and provide for employee participation in 
hearings held on variance applications. Variances may not be granted 
unless it is established that adequate protection is afforded employees 
under the terms of the variance. Under the Plan, all variances granted 
have only future effect, and temporary variances are available only 
prior to the effective date of a standard. Temporary variances may not 
be renewed more than twice, and a renewal may not remain in effect 
longer than 180 days. The Commissioner of Labor may issue one interim 
order granting relief pending the hearing on permanent variance. The 
procedures allow for the modification or revocation of permanent 
variances at any time at least six months after issuance of the 
variance.

E. Employee Notice and Discrimination Protection

    The Plan provides for notification to employees of their 
protections and obligations under the Plan by such means as the ``You 
Have the Right to a Safe and Healthful Workplace. It's the Law!'' 
poster (which is included in the Plan documents and also available 
electronically on the PEOSH Web site) and required posting of notices 
of violations. Section 34:6A-45 of the PEOSH Act provides for 
protection of employees against discharge or

[[Page 3828]]

discrimination resulting from exercise of their rights under the PEOSH 
Act in terms parallel to section 11(c) of the OSH Act. Complaints must 
be filed within 180 days after the alleged violation, and the 
complainant must be notified of the Commissioner of Labor's 
determination within 90 days of the receipt of the complaint. If the 
Commissioner of Labor determines that the provisions of Section 34:6A-
45 have been violated, an order for all appropriate relief, including 
rehiring or reinstatement of the employee to his/her former position 
with back pay and reasonable legal costs will be issued. The notice 
shall become the Commissioner of Labor's final determination, unless, 
within 15 days of receipt of the notice, the employer or employee 
requests a hearing before the Commissioner of Labor or his designee, in 
which case the Commissioner of Labor shall issue his final 
determination not more than 45 days after the hearing report is issued.

F. Inspections and Enforcement

    The Commissioner of Labor and the Commissioner of Health are 
charged with making inspections in their jurisdictional areas as 
specified in the PEOSH Act (N.J.S.A.34:6A-30, 35). The Commissioners 
may call on the professional staff of other departments whenever they 
deem their assistance necessary. Inspection and enforcement policies 
and procedures provided in the Plan are established by the PEOSH Act, 
34:6A-35, and the PEOSH FOM. Each Commissioner obtains the right of 
immediate entry at reasonable hours and without advance notice into any 
workplace to conduct such investigations as he/she may deem necessary. 
The authority of each Commissioner to inspect any premises for purposes 
of investigating an alleged violation under his/her jurisdiction is not 
limited to the alleged violation but shall extend to any other area of 
the premises in which he/she has reason to believe that a violation of 
any provision of the PEOSH Act under his/her jurisdiction exists. The 
Commissioner of Health shall make his/her inspection records available 
to the Commissioner of Labor for purposes of enforcement. Any employee, 
group of employees or employee representative who believes that a 
violation of a safety standard exists, or that an imminent danger 
exists, may request an inspection by giving notice to the Commissioner 
of the violation or danger. Complaints must be filed in writing and 
signed. Upon the request of the person giving the notice, his/her name 
or the name of any employee representative giving the notice may be 
withheld. The appropriate Commissioner shall conduct an appropriate 
inspection at the earliest time possible. The Plan also includes a 
prohibition of advance notice of inspections, a mechanism for employees 
of the employer and their representatives to accompany the inspector 
during the physical inspections, and opening, informal, and closing 
conferences. If the Commissioner of Labor, or the Commissioner of 
Health, concludes that conditions or practices in violation exist in 
any workplace, the Commissioner of Labor shall, with reasonable 
promptness, and in no case more than six months after his/her 
determination or the receipt of the certificate or report, issue a 
written Order to Comply to the employer (N.J.S.A.34:6A-41(a)).
    Significant differences between federal OSHA and PEOSH inspection, 
enforcement, and discrimination include the following:
    1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a 
penalty structure which provides for failure-to-abate penalties of up 
to $7,000 per day for serious violations and other-than-serious 
violations. If the time for compliance with an Order of the 
Commissioner of Labor elapses, and the employer has not made a good 
faith effort to comply, the Commissioner of Labor shall issue a second 
Order to Comply imposing a civil administrative penalty of up to $7,000 
per day for each violation not abated. If the employer contests the 
proposed daily penalties, a follow-up inspection shall still be 
scheduled. If an Order and daily penalties are not to be proposed 
because of an employer's flagrant disregard of an Order, the Director 
of PEOSH shall immediately contact the Commissioner of Labor, in 
writing, detailing the circumstances so that the matter can be referred 
to the State Attorney General's Office for issuance of a restraining 
order. Procedures for follow-up inspections are established in the 
PEOSH FOM Chapter 7, Section XII.
    2. Whistleblower (Discrimination). The period fixed in the Plan for 
filing eligible complaints is 180 days, and the procedure in the Plan 
for enforcing merit determinations is through Orders to Comply (N.J.S.A 
34:6A-45).

G. Compliance Manual

    The PEOSH FOM, first issued in April 2009, replaces the New Jersey 
Field Inspection Reference Manual (FIRM) and is available to the public 
on the LWD Web site. The New Jersey compliance manual parallels federal 
OSHA's revised Field Operations Manual, CPL 02-00-150, and incorporates 
other policies parallel to federal compliance directives and unique 
state requirements. The PEOSH FOM provides guidance to PEOSH compliance 
staff concerning general staff responsibilities, pre-inspection 
procedures (including inspection scheduling and priorities, complaints 
and other unprogrammed inspections and inspection preparation), 
inspection procedures (including conduct of the inspection, opening 
conference, closing conference, physical examination of the workplace, 
follow-up inspections, fatality/catastrophe investigations, imminent 
danger investigations, and construction inspections), inspection 
documentation (including types of violations, violations of the general 
duty clause, writing citations, and grouping/combining violations), 
post-inspection procedures (including abatement, citations, penalties, 
and post-citation processes), discrimination investigation procedures 
(set forth in more detail in the PEOSH Whistleblower (Discrimination) 
Investigations Manual, which parallels the relevant portions of federal 
OSHA's Whistleblower Investigations Manual, CPL 02-03-003), and 
disclosure of information under the New Jersey Open Public Records Act 
(N.J.S.A. 47:1A-et seq.). New Jersey also uses and has adopted the OSHA 
Technical Manual (TED 01-00-015), which replaced the former Industrial 
Hygiene Manual, as guidance for its staff.

H. Review Procedures

    Section 34:6A-42 of the PEOSH Act establishes an Occupational 
Safety and Health Review Commission (``Review Commission'') within LWD 
to hear appeals regarding Orders to Comply and penalties.
    Under the Plan, both public employers and employees may seek formal 
administrative review of LWD citations and penalties, as well as the 
reasonableness of the abatement period, before the Review Commission 
(N.J.S.A. Sections 34:6A-36, 41 and N.J.A.C. 12:110-4.13). The notice 
of contest must be filed with the Commissioner of Labor within 15 
working days of the issuance of an Order to Comply. The Commissioner of 
Labor must immediately advise the Review Commission of the 
notification, and the Review Commission will afford an opportunity for 
a hearing. After hearing an appeal, the Review Commission may sustain, 
modify or dismiss an Order or penalty, and the Review Commission's 
decision shall become final 45 days after its issuance (N.J.S.A. 34:6A-
42).

[[Page 3829]]

I. Judicial Review

    Appeals from decisions of the Review Commission are to the 
Appellate Division of the Superior Court (N.J.S.A. 34:6A-43).

J. Budget and Personnel

    The Plan includes the FY 2015 grant application under section 23(g) 
of the OSH Act, which includes a current organizational chart and 
detailed information on staffing and funding. The state has given 
satisfactory assurances of adequate funding to support the Plan. In FY 
2015, the State Plan was funded at $1,921,400 in federal section 23(g) 
funds, $1,921,400 in matching state funds, and $911,664 in 100% state 
funds, for a total federal and state contribution of $4,754,464. The 
state has given satisfactory assurance (New Jersey State Plan, p.156) 
that it will meet the staffing requirements of 29 CFR 1956.10. OSHA 
considers PEOSH's current staffing and funding levels to be adequate 
and appropriate.

K. Records and Reports

    The Plan provides that state and local government employers in New 
Jersey will maintain appropriate records and make timely reports on 
occupational injuries and illnesses in a manner substantially identical 
to and ``at least as effective as'' that required for private sector 
employers under federal OSHA. New Jersey participates and has assured 
that it will continue its participation in the Bureau of Labor 
Statistics Annual Survey of Injuries and Illnesses in the public 
sector. The Plan also contains assurances that the Commissioner of 
Labor will provide reports to OSHA in such form as the Assistant 
Secretary may require and that New Jersey will continue to participate 
in the OSHA Information System (OIS). The state adopted federal OSHA's 
revision of its recordkeeping rules (29 CFR part 1904; 66 FR 5916-
6135), January 19, 2001, as well as OSHA's New Reporting Requirements 
(January 2015).

L. Voluntary Compliance Programs

    The state and local government employee consultation program makes 
available both safety consultants and industrial hygienists to state 
and local government employers who request such service for the purpose 
of apprising them of existing hazards and the best means of abatement. 
The PEOSH consultation program generally follows OSHA's Consultation 
Policies and Procedures Manual, CSP 02-00-002. The consultation program 
also provides outreach and training in support of PEOSH's activities. 
Under the Plan, training is provided to state and local government 
employers and employees, and seminars are conducted to familiarize 
affected individuals with applicable safety and health standards and 
requirements and safe work practices. PEOSH has a variety of public 
information programs to disseminate information and publications on 
important safety and health concerns. Policies and procedures for 
outreach programs, including training, educational and informational 
services, as well as voluntary compliance programs, are described in 
the Consultation Policies and Procedures Manual.

IV. Completion of Developmental Steps

    With the approval of the revised State Plan in today's action, all 
developmental steps specified in the January 11, 2001 notice of initial 
approval of the New Jersey State Plan for State and Local Government 
Employees, and other relevant steps, have been successfully completed 
and approved as follows:
    A. In accordance with New Jersey development step (a), the State of 
New Jersey has promulgated standards identical to all federal OSHA 
standards with the exception of Subpart L--Fire Protection and the 
Hazard Communication Standard (both include provisions which are more 
stringent than federal OSHA's). New Jersey has also established state 
standards on issues for which no federal standards are applicable. The 
state standards are the Indoor Firing Ranges for Public Employees 
Standard, and the Indoor Air Quality Standard. These four state-
specific standards are approved by the Assistant Secretary in today's 
notice.
    B. In accordance with New Jersey development step (b), New Jersey 
has promulgated regulations for inspections, citations, and abatement 
equivalent to 29 CFR part 1903, as supplemented by the PEOSH Act and 
the PEOSH FOM, all of which are approved by the Assistant Secretary in 
today's notice.
    C. In accordance with New Jersey development step (c), New Jersey 
has developed a five-year strategic plan which is approved in today's 
notice.
    D. In accordance with New Jersey development step (d), the state 
has developed a Field Operations Manual which parallels the OSHA Field 
Operations Manual, CPL 02-00-150, and incorporates other federal 
compliance policy directives and unique state requirements. The state's 
Field Operations Manual is approved in today's notice.
    E. In accordance with New Jersey development step (e), the state 
has implemented a state and local government employer/employee 
consultation, training, and education program equivalent to 29 CFR part 
1908 which is approved in today's notice.
    F. In accordance with New Jersey development step (f), the state 
developed and adopted employee non-discrimination procedures equivalent 
to 29 CFR part 1977 which are approved in today's notice.
    G. In accordance with New Jersey development step (g), the State 
Plan promulgated regulations for granting variances equivalent to 29 
CFR part 1905 which are approved in today's notice.
    H. In accordance with New Jersey development step (h), the state 
has promulgated regulations regarding recordkeeping equivalent to 29 
CFR 1904, including the new recordkeeping rule, revised on January 1, 
2015, which are approved in today's notice.

V. Decision

A. Approval of Plan Supplements

    After careful review, opportunity for state correction, and 
subsequent revision, the plan supplements constituting a revised New 
Jersey State Plan for State and Local Government Employees and its 
components described above are found to be in substantial conformance 
with comparable federal provisions and the requirements of 29 CFR part 
1956 and are hereby approved under 29 CFR part 1953 as providing a 
revised State Plan for the development and enforcement of standards 
which is ``at least as effective as'' the federal program, as required 
by section 18 of the OSH Act and 29 CFR part 1956. The right to 
reconsider this approval of the revised State Plan supplements is 
reserved should substantial objections or other information become 
available to the Assistant Secretary regarding any components of the 
Plan changes.

B. Certification

    With the approval of a revised State Plan as noted above, all 
developmental steps have now been successfully completed, documented, 
and approved. In accordance with 29 CFR 1956.23, the New Jersey State 
Plan for State and Local Government Employees is certified as having 
successfully completed all developmental steps. This certification 
attests to the structural completeness of the State Plan and that it 
has all the necessary authorities and procedures to provide ``at least 
as effective'' standards, enforcement, and compliance assistance to the 
employees of the State of New Jersey and its

[[Page 3830]]

political subdivisions. This action renders no judgment as to the 
effectiveness of the State Plan in actual operations.

VI. Location of Basic State Plan Documentation

    Copies of the revised New Jersey State Plan for State and Local 
Government Employees are available on the State Plan's Web site or upon 
request. Contact the Regional Administrator, U.S. Department of Labor, 
Occupational Safety and Health Administration, 201 Varick Street, Room 
670, New York, New York 10014; or the New Jersey Public Employee 
Occupational Safety and Health Program, 1 John Fitch Plaza, P.O. Box 
386, Trenton, NJ 08625-0386.
    Components of the New Jersey State Plan, including the Field 
Operation Manual, recordkeeping regulations and instructions, complaint 
forms, and other program information are posted on the New Jersey 
Department of Labor & Workforce Development, Public Employee 
Occupational Safety and Health Web site at: http://www.state.nj.us/health/peosh/.
    The PEOSH Act is administered by two departments: the New Jersey 
Department of Health enforces health regulations in the workplace; and 
the New Jersey Department of Labor & Workforce Development enforces 
safety regulations in the workplace. To obtain information, visit the 
NJDLWD PEOSH Program Web site at: http://lwd.dol.state.nj.us/labor/lsse/safetyhealth_index.html or call (609) 633-3896.
    Information on PEOSH laws and regulations can be found on the New 
Jersey Web site at: http://lwd.dol.state.nj.us/labor/lsse/laws/peosha_law.html.
    Information on the New Jersey Department of Labor and Workforce 
Development, Office of Administrative Law and Review Commission can be 
found on the New Jersey Labor and Workforce Development Web site at: 
http://lwd.dol.state.nj.us/. The state Administrative Procedures Act 
can be found on the Governor's Web site at: http://www.nj.gov/governor/.
    Electronic copies of this Federal Register notice and the related 
press release are available on OSHA's Web site at: http://www.osha.gov. 
More information on the New Jersey State Plan can be found on OSHA's 
Office of State Programs Web site at: http://www.osha.gov/dcsp/osp/stateprogs/new_jersey.html.

Authority and Signature

    This document was prepared under the direction of David Michaels, 
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and 
Health. It is issued under section 18 of the Occupational Safety and 
Health Act of 1970, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1956; 
and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed in Washington, DC, on January 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-01286 Filed 1-21-16; 8:45 am]
BILLING CODE 4510-26-P
Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Notices 3825

OSHA also is making a final test standards. OSHA determines that standard that will be added to the NRTL
determination to add a new standard to this test standard is an appropriate test Program’s list of Appropriate Test
the NRTL Program’s list of appropriate standard. Table 2 below lists the test Standards.

TABLE 2—TEST STANDARD OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS
Test standard Test standard title

UL 60335–2–24 ..... Safety Requirements for Household and Similar Electrical Appliances, Part 2: Refrigerating Appliances, Ice-Cream Appli-
ances, and Ice-Makers.

Pursuant to the authority in 29 CFR completion of all structural and excluded from federal OSHA coverage
1910.7, OSHA hereby expands the developmental aspects of New Jersey’s under section 3(5) of the OSH Act.
recognition of SGS, subject to the approved State Plan, and certifying this Under these regulations, the Assistant
limitations and conditions specified completion. This certification attests to Secretary of Labor for Occupational
above. the fact that New Jersey now has in Safety and Health (‘‘Assistant
place those structural components Secretary’’) may approve a State Plan for
Authority and Signature
necessary for an effective State Plan for State and Local Government Employees,
David Michaels, Ph.D., MPH, State and Local Government Employees.
Assistant Secretary of Labor for if the Plan provides for the development
(Enforcement of occupational safety and
Occupational Safety and Health, 200 and enforcement of standards relating to
health standards with regard to private
Constitution Avenue NW., Washington, hazards in employment covered by the
sector employers and employees in the
DC 20210, authorized the preparation of Plan which are or will be at least as
State of New Jersey remains the
this notice. Accordingly, the Agency is effective in providing safe and healthful
responsibility of the U.S. Department of
issuing this notice pursuant to 29 U.S.C. employment and places of employment
Labor, OSHA).
657(g)(2), Secretary of Labor’s Order No. for public employees as standards
DATES: Effective Date: January 22, 2016. promulgated and enforced by federal
1–2012 (77 FR 3912, Jan. 25, 2012), and
FOR FURTHER INFORMATION CONTACT: For OSHA under section 6 of the OSH Act,
29 CFR 1910.7.
general information and press inquiries, giving due consideration to differences
Signed at Washington, DC, on January 19, contact Frank Meilinger, Director, Office between public and private sector
2016. of Communications, Room N–3647, employment. Following initial approval,
David Michaels, OSHA, U.S. Department of Labor, 200 the state may begin enforcement of its
Assistant Secretary of Labor for Occupational Constitution Avenue NW., Washington, safety and health standards in the
Safety and Health. DC 20210; telephone (202) 693–1999; public sector and receive up to 50
[FR Doc. 2016–01285 Filed 1–21–16; 8:45 am] email: meilinger.francis2@dol.gov. For percent federal funding for the cost of
BILLING CODE 4510–26–P technical inquiries, contact Douglas Plan operations.
Kalinowski, Director, Directorate of
A State Plan for State and Local
Cooperative and State Programs, OSHA,
DEPARTMENT OF LABOR Government Employees may receive
U.S. Department of Labor, 200
initial approval even though at the time
Constitution Avenue NW., Room N–
Occupational Safety and Health
3700, Washington, DC 20210; telephone of submission not all essential
Administration components of the Plan are in place.
(202) 693–2244; email:
[Docket No. OSHA–T034–2006–0779] kalinowski.doug@dol.gov. Electronic Pursuant to 29 CFR 1956.2(b), the
copies of this Federal Register notice, as Assistant Secretary may initially
New Jersey State Plan for State and well as all OSHA Federal Register approve the submission as a
Local Government Employees; notices mentioned in this document, are ‘‘developmental plan,’’ and a schedule
Approval of Plan Supplements and available on OSHA’s Web site at http:// within which the state must complete
Certification of Completion of www.osha.gov. all ‘‘developmental steps’’ within a
Developmental Steps three year period is issued as part of the
SUPPLEMENTARY INFORMATION:
initial approval decision. 29 CFR part
AGENCY: Occupational Safety and Health I. Background 1953 provides procedures for the review
Administration (OSHA), Labor. and approval of changes and progress in
ACTION: Notice. Section 18 of the Occupational Safety
the development and implementation of
and Health Act of 1970 (the ‘‘OSH Act;’’
the State Plan.
SUMMARY: The New Jersey Department 29 U.S.C. 667) provides that a state
of Labor and Workforce Development which desires to assume responsibility When the Assistant Secretary has
(LWD) submitted timely documentation for the development and enforcement of reviewed and approved all
attesting to the completion of all occupational safety and health developmental submissions and finds
structural and developmental aspects of standards may submit for OSHA review that the state has satisfactorily
its State Plan for State and Local and approval a State Plan for such completed all developmental steps
Government Employees as approved by development and enforcement. specified in the initial approval
decision, a notice certifying such
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the Occupational Safety and Health Regulations at 29 CFR part 1956 provide
Administration (OSHA). After extensive that a state may voluntarily submit a completion is published in the Federal
review of the submissions and State Plan for the development and Register (see 29 CFR 1956.23 and
opportunity for correction, Plan enforcement of occupational safety and 1902.34). Certification attests to the
supplements constituting an updated health standards applicable only to structural completeness of the Plan but
and revised State Plan were submitted. employers and employees of the state does not render judgment as to the
OSHA is approving the revised State and its political subdivisions. State and adequacy or effectiveness of state
Plan, which documents the satisfactory local government employers are performance.

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II. State Plan History program. This includes a revised N.J.A.C.12:100; Standard for Hazard
In 1965, the Governor of the State of narrative description of the current Communication—N.J.A.C.12:100
New Jersey issued Executive Order No. program, legislation, administrative Chapter #7; Hazard Communication
20, establishing a safety and health rules, standards, a compliance manual, Alternative Std. Proposal; Hazard
program for state employees. In the and current copies of all key documents Communication Alternative Std.
early 1970s New Jersey developed a relating to New Jersey’s State Plan for Adoption; Standards for Indoor Firing
State Plan under the OSH Act. The Plan State and Local Government Employees. Ranges for Public Employees—
provided for a safety and health These documents are described below N.J.A.C.12:100 Chapter 8; Standards for
and are being approved in this notice. Firefighters—N.J.A.C.12:100 Chapter 10;
program which would cover state and
Fire Brigade Std. Comparison; Indoor
local government employees and all A. The Plan Narrative and Appendices
Air Quality Standard—N.J.A.C.12:100
employees in the private sector in the The Plan designates the New Jersey Chapter 13; Review Commission Rules
state. In 1975, New Jersey was Department of Labor and Workforce of Procedure—N.J.A.C.12:112;
preempted in the safety and health field Development (LWD), through the Public Discrimination against Employees—
by the federal program because state Employees Occupational Safety and N.J.A.C.12:110 Chapter 7; Inspection
legislation was not provided as required Health (PEOSH) program, as the state Scheduling System; On-Site
by the federal program. In 1984, the agency responsible for administering the Consultations—N.J.A.C.12:110 Chapter
New Jersey Public Employees Plan throughout the state. The New 8.; Consultation Policies and Procedures
Occupational Safety and Health Act Jersey PEOSH Act, N.J.S.A. 34:6A–25 et Manual, Chapter 3, III; 5yr. Strategic
(PEOSH Act) was signed into law by seq., delegates certain responsibilities to Plan—2014–2019; and Informational,
Thomas H. Kean, Governor of the State the New Jersey Department of Health Educational, & Training Materials.
of New Jersey. This act empowered the (DOH) in the implementation of the
Department of Labor and Workforce PEOSH Act. Major responsibilities B. Legislation
Development, the Department of Health, delegated include: Inspection, The Plan includes legislation, the
and the Department of Community investigation, and related activities in New Jersey PEOSH Act—N.J.S.A.34:6A–
Affairs to inspect and enforce the occupational health and environmental 25 thru 34:6A–50 as enacted in 1984
PEOSH Act. Because the PEOSH Act, as control; medical and first aid; toxic and and amended in 1995 and 1997.
structured, presented several obstacles hazardous substances; respiratory Pursuant to this law, the State Plan
to receive federal funding for a State and protective equipment, and sanitation. provides coverage for all state and local
Local Government Employees Plan, a The Plan narrative provides a general government employment in New Jersey.
revision was signed into law by overview of PEOSH’s legal authority, The PEOSH Act defines covered
Governor Whitman in 1995. standards and variances, regulations, employers as ‘‘public employer[s] and
The New Jersey State Plan for State enforcement policies and procedures shall include any person acting directly
and Local Government Employees is (the ‘‘Field Operations Manual’’ or on behalf of, or with the knowledge and
operated by the New Jersey Department ‘‘FOM’’), voluntary compliance ratification of: (1) The state, or any
of Labor and Workforce Development, activities (including consultative department, division, bureau, board,
Public Employees Occupational Safety services and training and outreach council, agency or authority of the state,
and Health (PEOSH) Program. This programs), an occupational safety and except any bi-state agency; or (2) any
limited scope State Plan was initially health laboratory, personnel policies county, municipality, or any
approved as a developmental plan and procedures, recordkeeping and department, division, bureau, board,
under section 18 of the OSH Act, and reporting requirements, budget, staffing council, agency or authority of any
29 CFR part 1956, on January 11, 2001 and funding, all of which, together with county or municipality, or of any school
(66 FR 2265). After the initial approval the supporting documents contained in district or special purposes district
of the State Plan for State and Local various appendices, have been created pursuant to law.’’
Government Employees in 2001, New determined to provide authority which N.J.S.A.34:6A–27(c). It defines covered
Jersey successfully submitted all of its is ‘‘at least as effective as’’ that of the employees as ‘‘any public employee,
developmental plan change OSH Act and to meet the criteria and any person holding a position by
supplements. indices for plan approval contained in appointment or employment in the
In July 2013, PEOSH submitted a 29 CFR part 1956. service of an ‘employer’ as that term is
completely revised State Plan which The State Plan appendices contain a used in this act and shall include any
provided updated documentation on all variety of state statutes and other individual whose work has ceased as a
its developmental steps, including those documents related to the PEOSH consequence of, or in connection with,
previously approved, for OSHA review program and its authority, contest any administrative or judicial action
and consideration. After extensive procedures, and personnel policies, instituted under this act; provided,
review of those documents and including: N.J. PEOSH Act— however, that elected officials, members
opportunity for state correction, New N.J.S.A.34:6A–25 thru 34:6A–50; 1995 of boards and commissions and
Jersey submitted further revisions in N.J. Laws Chapter 186 (amendments to managerial executives as defined in the
December 2013, May 2014, and July PEOSH Act); 1995 N.J. Laws Chapter ‘New Jersey Employer-Employee
2014. 186—Governor’s Signature; Relations Act,’ P.L.1941, c. 100, C.
Memorandum of Understanding (MOU) 34:13A–1 et seq. shall be excluded from
III. Description of the Revised State the coverage of this act.’’ N.J.S.A.34:6A–
between LWD & DOH; N.J. Admin. Code
Plan
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Title 1, Chapter 30—Rules for Agency 27(d). Thus, the PEOSH Act covers
New Jersey submitted plan Rulemaking; Administrative Procedures county, municipality, or any
supplements constituting a revised State Act—N.J.S.A. 52:14B. department, division, bureau, board,
Plan document with subsequent The appendices also contain the council, agency, or authority of any
revisions dated December 2013, May following regulations: Procedural county or district created pursuant to
2014 and July 2014. The revised State Standards for N.J. State Plan— law; and volunteer firefighters and
Plan updates and documents all N.J.A.C.12:110; Safety & Health emergency responders. The PEOSH Act
structural components of the New Jersey Standards for Public Employees— contains authority for standards

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adoption, right of entry, inspections, adoption of federal OSHA standards is which codifies PEOSH’s adoption by
citations, proposed penalties for failure- provided in the New Jersey State reference of all federal OSHA safety and
to-abate violations, worker rights, Administrative Procedures Act, which health standards applicable to public
variances, non-discrimination, requires submission of the standard to employees. New Jersey standards are
recordkeeping and voluntary the New Jersey Office of Administrative identical to the federal standards with
compliance programs, etc. The PEOSH Law and publication of the standard in the following exceptions and additions.
Act contains three provisions which the New Jersey State Register. The state promulgated and retained
differ substantially from the federal Permanent standards adopted by OSHA N.J.A.C. 12:100 Subchapter 8—Standard
OSH Act. will be adopted by the Commissioner of for Indoor Firing Ranges for Public
1. Penalties. Section 34:6A–41(d) of Labor within six (6) months from the Employees, N.J.A.C. 12:100 Subchapter
the PEOSH Act establishes a penalty federal promulgation date (N.J.A.C. 13—Indoor Air Quality Standard and
structure which provides for failure-to- 12:100–3A.1). N.J.A.C. 12:100 Subchapter 10—
abate penalties of up to $7,000 per day Public Employees Occupational Standards for Firefighters. On May 3,
for serious violations and other-than- Safety and Health Advisory Board. 2004, New Jersey adopted a hazard
serious violations. This authority, Section 34:6A–28 of the PEOSH Act communication standard with several
together with follow-up inspections and establishes the Advisory Board additional provisions which are more
judicial enforcement, is the primary consisting of the Commissioner of stringent than OSHA’s Hazard
means of compelling the abatement of Education, the Commissioner of Health, Communication Standard. These
hazards by state and local government the Commissioner of Environmental different or additional state
employers under the New Jersey State Protection, the Commissioner of requirements have been reviewed and
Plan. Community Affairs, the State Treasurer, determined to be ‘‘at least as effective’’
2. Split Enforcement. Section 34:6A– or their designees, and 18 members who as the comparable federal standards.
35 of the PEOSH Act establishes represent state and local employers and
enforcement by two departments: DOH, employees, to be appointed by the D. Variances
which conducts inspections under governor. The Advisory Board has two Section 34:6A–39 of the PEOSH Act,
health regulations in the workplace; and primary functions: To assist the the Administrative Procedure Act
LWD, which conducts inspections Commissioner of Labor in establishing (N.J.S.A.52:14B–1 et seq.), and N.J.A.C.
under safety regulations in the standards for the occupational safety 12:110 subchapter 6 establish
workplace; but it is LWD that issues and health of public employees, and to proceedings for the granting of
Order to Comply. receive information regarding matters of permanent and temporary variances
3. Advisory Board. Section 34:6A–28 concern to public employees in the from state standards, which are
of the PEOSH Act establishes the Public areas of occupational safety and health. equivalent to the federal requirements at
Employees Occupational Safety and Under the Plan, the Commissioner of 29 CFR part 1905. These provisions
Health Advisory Board (‘‘Advisory Labor, in consultation with the require employee notification of
Board’’) consisting of several New Jersey Commissioner of Health and the variance applications and provide for
department Commissioners and 18 Commissioner of Community Affairs, employee participation in hearings held
members who represent state and local and with the advice of the Advisory on variance applications. Variances may
government employers and employees. Board, on his/her own initiative, can not be granted unless it is established
The Advisory Board assists the propose additional or alternative that adequate protection is afforded
Commissioner of Labor and Workforce occupational safety and health employees under the terms of the
Development (‘‘Commissioner of standards if no federal standards are variance. Under the Plan, all variances
Labor’’) in establishing standards for the applicable or where standards more granted have only future effect, and
occupational safety and health of public stringent than the federal standards are temporary variances are available only
employees and receives information deemed advisable (N.J.S.A. 34:6A–30). prior to the effective date of a standard.
regarding matters of concern to public The Advisory Board can also, after Temporary variances may not be
employees in the areas of occupational public hearings, recommend such renewed more than twice, and a renewal
safety and health. standards to the Commissioner of Labor. may not remain in effect longer than 180
The State Plan provides for the days. The Commissioner of Labor may
C. Standards
development and consideration of issue one interim order granting relief
The PEOSH Act, section 34:6A–30(a) expert technical information in the pending the hearing on permanent
mandates that the Commissioner of formulation of standards and allows variance. The procedures allow for the
Labor adopt all applicable safety and interested persons to submit modification or revocation of permanent
health standards promulgated under the information requesting development or variances at any time at least six months
OSH Act, which are in effect on the promulgation of any standard and to after issuance of the variance.
effective date of the PEOSH Act (January participate in any hearing for the
17, 1984). The New Jersey Plan has development, modification or E. Employee Notice and Discrimination
adopted all federal OSHA standards establishment of standards. In addition, Protection
since the inception of the OSH Act the State Administrative Procedures Act The Plan provides for notification to
(N.J.A.C. 12:100) with the exception of requires public notice and comment for employees of their protections and
Subpart L—Fire Protection, 29 CFR all proposed rules, and provides obligations under the Plan by such
1910.155 and 1910.156 (N.J.A.C. opportunity for public participation in means as the ‘‘You Have the Right to a
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12:100–10), and the Hazard related hearings. A notice of proposed Safe and Healthful Workplace. It’s the
Communication Standard, 29 CFR rulemaking is published in the New Law!’’ poster (which is included in the
1910.1200 (N.J.A.C.12:100–7). The New Jersey Register. The notice shall invite Plan documents and also available
Jersey Plan assures the incorporation of comments from interested persons, and electronically on the PEOSH Web site)
any subsequent revisions or additions to other such submissions, in accordance and required posting of notices of
standards in a timely manner, including with N.J.A.C. 1:30–1, Rules for Agency violations. Section 34:6A–45 of the
in response to federal OSHA emergency Rulemaking. The Plan includes the state PEOSH Act provides for protection of
temporary standards. The procedure for safety and health standards regulation, employees against discharge or

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discrimination resulting from exercise notice may be withheld. The incorporates other policies parallel to
of their rights under the PEOSH Act in appropriate Commissioner shall federal compliance directives and
terms parallel to section 11(c) of the conduct an appropriate inspection at the unique state requirements. The PEOSH
OSH Act. Complaints must be filed earliest time possible. The Plan also FOM provides guidance to PEOSH
within 180 days after the alleged includes a prohibition of advance notice compliance staff concerning general
violation, and the complainant must be of inspections, a mechanism for staff responsibilities, pre-inspection
notified of the Commissioner of Labor’s employees of the employer and their procedures (including inspection
determination within 90 days of the representatives to accompany the scheduling and priorities, complaints
receipt of the complaint. If the inspector during the physical and other unprogrammed inspections
Commissioner of Labor determines that inspections, and opening, informal, and and inspection preparation), inspection
the provisions of Section 34:6A–45 have closing conferences. If the procedures (including conduct of the
been violated, an order for all Commissioner of Labor, or the inspection, opening conference, closing
appropriate relief, including rehiring or Commissioner of Health, concludes that conference, physical examination of the
reinstatement of the employee to his/her conditions or practices in violation exist workplace, follow-up inspections,
former position with back pay and in any workplace, the Commissioner of fatality/catastrophe investigations,
reasonable legal costs will be issued. Labor shall, with reasonable imminent danger investigations, and
The notice shall become the promptness, and in no case more than construction inspections), inspection
Commissioner of Labor’s final six months after his/her determination documentation (including types of
determination, unless, within 15 days of or the receipt of the certificate or report, violations, violations of the general duty
receipt of the notice, the employer or issue a written Order to Comply to the clause, writing citations, and grouping/
employee requests a hearing before the employer (N.J.S.A.34:6A–41(a)). combining violations), post-inspection
Commissioner of Labor or his designee, Significant differences between
procedures (including abatement,
in which case the Commissioner of federal OSHA and PEOSH inspection,
citations, penalties, and post-citation
Labor shall issue his final determination enforcement, and discrimination
processes), discrimination investigation
not more than 45 days after the hearing include the following:
1. Penalties. Section 34:6A–41(d) of procedures (set forth in more detail in
report is issued.
the PEOSH Act establishes a penalty the PEOSH Whistleblower
F. Inspections and Enforcement structure which provides for failure-to- (Discrimination) Investigations Manual,
The Commissioner of Labor and the abate penalties of up to $7,000 per day which parallels the relevant portions of
Commissioner of Health are charged for serious violations and other-than- federal OSHA’s Whistleblower
with making inspections in their serious violations. If the time for Investigations Manual, CPL 02–03–003),
jurisdictional areas as specified in the compliance with an Order of the and disclosure of information under the
PEOSH Act (N.J.S.A.34:6A–30, 35). The Commissioner of Labor elapses, and the New Jersey Open Public Records Act
Commissioners may call on the employer has not made a good faith (N.J.S.A. 47:1A–et seq.). New Jersey also
professional staff of other departments effort to comply, the Commissioner of uses and has adopted the OSHA
whenever they deem their assistance Labor shall issue a second Order to Technical Manual (TED 01–00–015),
necessary. Inspection and enforcement Comply imposing a civil administrative which replaced the former Industrial
policies and procedures provided in the penalty of up to $7,000 per day for each Hygiene Manual, as guidance for its
Plan are established by the PEOSH Act, violation not abated. If the employer staff.
34:6A–35, and the PEOSH FOM. Each contests the proposed daily penalties, a
H. Review Procedures
Commissioner obtains the right of follow-up inspection shall still be
immediate entry at reasonable hours scheduled. If an Order and daily Section 34:6A–42 of the PEOSH Act
and without advance notice into any penalties are not to be proposed because establishes an Occupational Safety and
workplace to conduct such of an employer’s flagrant disregard of an Health Review Commission (‘‘Review
investigations as he/she may deem Order, the Director of PEOSH shall Commission’’) within LWD to hear
necessary. The authority of each immediately contact the Commissioner appeals regarding Orders to Comply and
Commissioner to inspect any premises of Labor, in writing, detailing the penalties.
for purposes of investigating an alleged circumstances so that the matter can be
violation under his/her jurisdiction is referred to the State Attorney General’s Under the Plan, both public
not limited to the alleged violation but Office for issuance of a restraining employers and employees may seek
shall extend to any other area of the order. Procedures for follow-up formal administrative review of LWD
premises in which he/she has reason to inspections are established in the citations and penalties, as well as the
believe that a violation of any provision PEOSH FOM Chapter 7, Section XII. reasonableness of the abatement period,
of the PEOSH Act under his/her 2. Whistleblower (Discrimination). before the Review Commission (N.J.S.A.
jurisdiction exists. The Commissioner of The period fixed in the Plan for filing Sections 34:6A–36, 41 and N.J.A.C.
Health shall make his/her inspection eligible complaints is 180 days, and the 12:110–4.13). The notice of contest must
records available to the Commissioner procedure in the Plan for enforcing be filed with the Commissioner of Labor
of Labor for purposes of enforcement. merit determinations is through Orders within 15 working days of the issuance
Any employee, group of employees or to Comply (N.J.S.A 34:6A–45). of an Order to Comply. The
employee representative who believes Commissioner of Labor must
that a violation of a safety standard G. Compliance Manual immediately advise the Review
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exists, or that an imminent danger The PEOSH FOM, first issued in April Commission of the notification, and the
exists, may request an inspection by 2009, replaces the New Jersey Field Review Commission will afford an
giving notice to the Commissioner of the Inspection Reference Manual (FIRM) opportunity for a hearing. After hearing
violation or danger. Complaints must be and is available to the public on the an appeal, the Review Commission may
filed in writing and signed. Upon the LWD Web site. The New Jersey sustain, modify or dismiss an Order or
request of the person giving the notice, compliance manual parallels federal penalty, and the Review Commission’s
his/her name or the name of any OSHA’s revised Field Operations decision shall become final 45 days after
employee representative giving the Manual, CPL 02–00–150, and its issuance (N.J.S.A. 34:6A–42).

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I. Judicial Review the Plan, training is provided to state implemented a state and local
Appeals from decisions of the Review and local government employers and government employer/employee
Commission are to the Appellate employees, and seminars are conducted consultation, training, and education
Division of the Superior Court (N.J.S.A. to familiarize affected individuals with program equivalent to 29 CFR part 1908
34:6A–43). applicable safety and health standards which is approved in today’s notice.
and requirements and safe work F. In accordance with New Jersey
J. Budget and Personnel practices. PEOSH has a variety of public development step (f), the state
The Plan includes the FY 2015 grant information programs to disseminate developed and adopted employee non-
application under section 23(g) of the information and publications on discrimination procedures equivalent to
OSH Act, which includes a current important safety and health concerns. 29 CFR part 1977 which are approved
organizational chart and detailed Policies and procedures for outreach in today’s notice.
information on staffing and funding. programs, including training, G. In accordance with New Jersey
The state has given satisfactory educational and informational services, development step (g), the State Plan
assurances of adequate funding to as well as voluntary compliance promulgated regulations for granting
support the Plan. In FY 2015, the State programs, are described in the variances equivalent to 29 CFR part
Plan was funded at $1,921,400 in Consultation Policies and Procedures 1905 which are approved in today’s
federal section 23(g) funds, $1,921,400 Manual. notice.
in matching state funds, and $911,664 IV. Completion of Developmental Steps H. In accordance with New Jersey
in 100% state funds, for a total federal development step (h), the state has
and state contribution of $4,754,464. With the approval of the revised State promulgated regulations regarding
The state has given satisfactory Plan in today’s action, all recordkeeping equivalent to 29 CFR
assurance (New Jersey State Plan, p.156) developmental steps specified in the 1904, including the new recordkeeping
that it will meet the staffing January 11, 2001 notice of initial rule, revised on January 1, 2015, which
requirements of 29 CFR 1956.10. OSHA approval of the New Jersey State Plan are approved in today’s notice.
considers PEOSH’s current staffing and for State and Local Government
Employees, and other relevant steps, V. Decision
funding levels to be adequate and
appropriate. have been successfully completed and A. Approval of Plan Supplements
approved as follows:
K. Records and Reports A. In accordance with New Jersey After careful review, opportunity for
The Plan provides that state and local development step (a), the State of New state correction, and subsequent
government employers in New Jersey Jersey has promulgated standards revision, the plan supplements
will maintain appropriate records and identical to all federal OSHA standards constituting a revised New Jersey State
make timely reports on occupational with the exception of Subpart L—Fire Plan for State and Local Government
injuries and illnesses in a manner Protection and the Hazard Employees and its components
substantially identical to and ‘‘at least as Communication Standard (both include described above are found to be in
effective as’’ that required for private provisions which are more stringent substantial conformance with
sector employers under federal OSHA. than federal OSHA’s). New Jersey has comparable federal provisions and the
New Jersey participates and has assured also established state standards on requirements of 29 CFR part 1956 and
that it will continue its participation in issues for which no federal standards are hereby approved under 29 CFR part
the Bureau of Labor Statistics Annual are applicable. The state standards are 1953 as providing a revised State Plan
Survey of Injuries and Illnesses in the the Indoor Firing Ranges for Public for the development and enforcement of
public sector. The Plan also contains Employees Standard, and the Indoor Air standards which is ‘‘at least as effective
assurances that the Commissioner of Quality Standard. These four state- as’’ the federal program, as required by
Labor will provide reports to OSHA in specific standards are approved by the section 18 of the OSH Act and 29 CFR
such form as the Assistant Secretary Assistant Secretary in today’s notice. part 1956. The right to reconsider this
may require and that New Jersey will B. In accordance with New Jersey approval of the revised State Plan
continue to participate in the OSHA development step (b), New Jersey has supplements is reserved should
Information System (OIS). The state promulgated regulations for inspections, substantial objections or other
adopted federal OSHA’s revision of its citations, and abatement equivalent to information become available to the
recordkeeping rules (29 CFR part 1904; 29 CFR part 1903, as supplemented by Assistant Secretary regarding any
66 FR 5916–6135), January 19, 2001, as the PEOSH Act and the PEOSH FOM, components of the Plan changes.
well as OSHA’s New Reporting all of which are approved by the B. Certification
Requirements (January 2015). Assistant Secretary in today’s notice.
C. In accordance with New Jersey With the approval of a revised State
L. Voluntary Compliance Programs development step (c), New Jersey has Plan as noted above, all developmental
The state and local government developed a five-year strategic plan steps have now been successfully
employee consultation program makes which is approved in today’s notice. completed, documented, and approved.
available both safety consultants and D. In accordance with New Jersey In accordance with 29 CFR 1956.23, the
industrial hygienists to state and local development step (d), the state has New Jersey State Plan for State and
government employers who request developed a Field Operations Manual Local Government Employees is
such service for the purpose of which parallels the OSHA Field certified as having successfully
mstockstill on DSK4VPTVN1PROD with NOTICES

apprising them of existing hazards and Operations Manual, CPL 02–00–150, completed all developmental steps. This
the best means of abatement. The and incorporates other federal certification attests to the structural
PEOSH consultation program generally compliance policy directives and completeness of the State Plan and that
follows OSHA’s Consultation Policies unique state requirements. The state’s it has all the necessary authorities and
and Procedures Manual, CSP 02–00– Field Operations Manual is approved in procedures to provide ‘‘at least as
002. The consultation program also today’s notice. effective’’ standards, enforcement, and
provides outreach and training in E. In accordance with New Jersey compliance assistance to the employees
support of PEOSH’s activities. Under development step (e), the state has of the State of New Jersey and its

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		For general information and press inquiries, contact Frank Meilinger, Director, Office of Communications, Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email: [email protected] For technical inquiries, contact Douglas Kalinowski, Director, Directorate of Cooperative and State Programs, OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N- 3700, Washington, DC 20210; telephone (202) 693-2244; email: [email protected] Electronic copies of this Federal Register notice, as well as all OSHA Federal Register notices mentioned in this document, are available on OSHA's Web site at http://www.osha.gov.
FR Citation		81 FR 3825
81 FR 3825 - New Jersey State Plan for State and Local Government Employees; Approval of Plan Supplements and Certification of Completion of Developmental Steps

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 81, Issue 14 (January 22, 2016)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration
