N.J. Admin. Code § 12:100-7.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:100-7.2 - Definitions

(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"American Board of Industrial Hygiene" means the entity for which the contact information is American Board of Industrial Hygiene, 6015 W St Joe Hwy, Suite 102, Lansing, MI 48917-4875, telephone: (517) 321-2638, telefacsimile: (517) 321-4624, website: www.abih.org, electronic mail address: abih@abih.org.

"Board of Certified Safety Professionals" means the entity for which the contact information is Board of Safety Professionals, 2301 W Bradley Avenue, Champaign, IL 61821, telephone: (217) 359-9263, telefacsimile: (217) 359-0055, website: www.bcsp.org.

"Certified industrial hygienist" means a person holding certification as a certified industrial hygienist issued by the American Board of Industrial Hygiene.

"Certified safety professional" means a person holding certification as a Certified Safety Professional(R) issued by the Board of Certified Safety Professionals.

"Employee representative" means the broader, more inclusive of the following terms:

1. "Employee representative" as N.J.S.A. 34:5A-3 and 34:6A-27 define that term; and

2. "Designated representative" as 29 CFR 1910.1200 defines that term.

"Environmental and Occupational Health Assessment Program" or "EOHAP" means the Environmental and Occupational Health Assessment Program of the New Jersey Department of Health, for which the contact information is PO Box 369, Trenton, NJ 08625-0369.

"Environmental hazardous substance list" means environmental hazardous substance list, as N.J.S.A. 34:5A-3 defines that term.

"Environmental survey" means an environmental survey, as N.J.S.A. 34:5A-3 defines that term.

"Hazardous substance fact sheet" means a hazardous substance fact sheet, as N.J.S.A. 34:5A-3 defines that term.

"New Jersey State Safety Council" means the entity by that name for which the contact information is:

1. For the training center: New Jersey State Safety Council Training Center, 6 Commerce Drive, Cranford, NJ 07016; and

2. For the administration office: New Jersey State Safety Council, 25 Commerce Drive, Cranford, NJ 07016; telephone: (908) 272-7712 or (800) 228-3834; telefacsimile: (908) 276-6622; website: http://www.njsafety.org.

"Registered professional nurse" means a person holding licensure as a registered professional nurse by the State Board of Nursing pursuant to N.J.S.A. 45:11-23 et seq., and N.J.A.C. 13:37.

"Right to Know brochure" means the document at N.J.A.C. 12:100-7 Appendix A, incorporated herein by reference, also available at http://www.nj.gov/health/forms, and paper copies of which are available upon request from the EOHAP.

"Right to Know hazardous substance list" means the workplace hazardous substance list and the environmental hazardous substance list.

"Right to Know poster" means the document at N.J.A.C. 12:100-7 Appendix B, incorporated herein by reference, also available at http://www.nj.gov/health/forms, and paper copies of which are available upon request from the EOHAP program.

"Right to Know survey" means a workplace survey and an environmental survey.

"Technically qualified person" means a person who:

1. Is a registered professional nurse, a certified safety professional, or a certified industrial hygienist;

2. Has a bachelor's degree or higher in industrial hygiene, environmental science, health education, chemistry, or a related field;

3. Has at least one year of experience handling or working with hazardous substances and has completed at least 30 hours of training in one or more hazardous materials training courses offered by:

i. The New Jersey State Safety Council;

ii. The New Jersey Department of Health;

iii. An accredited public or private educational institution;

iv. A labor union;

v. A trade association;

vi. A private organization; or

vii. A government agency; or

4. For the purpose of teaching the recruit firefighting and hazardous materials training courses established by the New Jersey Department of Community Affairs (DCA), a person whom the DCA certifies as a Fire Instructor Level I or Level 2 pursuant to N.J.A.C. 5:73-5.

"Workplace hazardous substance list" means workplace hazardous substance list, as N.J.S.A. 34:5A-3 defines that term.

"Workplace survey" means a workplace survey, as N.J.S.A. 34:5A-3 defines that term.

(b) As used in this subchapter, the following words and terms used at 29 CFR 1910.1200 shall have the following meanings, unless the context clearly indicates otherwise:

"Assistant Secretary" means the New Jersey Department of Labor and Workforce Development and/or the EOHAP, as applicable under the circumstances.

"Designated representative" means the broader and more inclusive of the following terms:

1. "Employee representative" as N.J.S.A. 34:5A-3 and 34:6A-27 define that term; and

2. "Designated representative" as 29 CFR 1910.1200 defines that term.

"Director" means the New Jersey Department of Labor and Workforce Development and/or the EOHAP, as applicable under the circumstances.

"Occupational Safety and Health Administration" or "OSHA" means the Department of Labor and Workforce Development and/or the EOHAP, as applicable under the circumstances.

"Occupational Safety and Health Review Commission" means the New Jersey Public Employees Occupational Safety and Health Review Commission established pursuant to N.J.S.A. 34:6A-42.

N.J. Admin. Code § 12:100-7.2

Adopted by 49 N.J.R. 1423(a), effective 6/5/2017