N.J. Admin. Code § 8:59-1.3
The following words and terms shall have the following meanings unless the context clearly indicates otherwise:
"Act" means the Worker and Community Right to Know Act, L.1983, Chapter 315, 34:5A-1 et seq.
"Article" means a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use; and (3) which does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use.
"Carcinogen" means a substance that can directly, or after transformation, act to initiate or promote the development of malignant neoplasia.
"Chemical Abstracts Service number" or "CAS number" means the unique identification number assigned by the Chemical Abstracts Service to chemicals.
"Chemical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the Chemical Abstracts Service rules of nomenclature.
"Common name" means any designation or identification such as a code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.
"Community Right to Know Survey" means the reporting form which combines the chemical inventory reporting requirements of the Environmental Survey, formerly Part I, and the Superfund Amendments and Reauthorization Act, Section 312.
"Container" means a receptacle used to hold a liquid, solid, or gaseous substance, including, but not limited to, bottles, pipelines, bags, barrels, boxes, cans, cylinders, drums, cartons, vessels, vats, and stationary or mobile storage tanks. "Container" shall not include process containers or building structures that are not capable of holding liquids, solids, or gases.
"Corrosive" means a substance, either liquid or solid, that can cause visible destruction or irreversible alterations in human skin at the site of contact.
"Council" means the Right To Know Advisory Council created pursuant to 34:5A-18.
"County health department" means a county health agency established pursuant to L.1975, c.329 (N.J.S.A. 26:3A2-1 et seq.), the office of a county clerk in a county which has not established a department, or a designated county lead agency.
"Department" means the Department of Health.
"Department" and "Department of Health and Senior Services" means the New Jersey State Department of Health and Senior Services unless the context clearly indicates otherwise.
"Designated county lead agency" means a health agency or office of emergency management designated by the county clerk to be responsible for conducting all county health department activities required by the Act in the county.
"Designated representative" means an employee of the Department whom the Commissioner designates in writing.
"Emergency responder" means a firefighter, police officer, emergency medical technician, hazardous materials technician, and other similar person who responds to a hazardous substance spill, fire or other incident involving the actual or potential release of a hazardous substance.
"Employee" shall have the same meaning as "public employee."
"Employee representative" means a certified collective bargaining agent or attorney or individual or organization to whom a public employee gives written authorization to exercise his or her rights to request information pursuant to the provisions of the Act, or a parent or legal guardian of a minor or legally incompetent public employee.
"Employer" means the State and local governments, or any agency, authority, department, bureau, or instrumentality thereof, except for the purposes of the Worker and Community Right to Know Fund, 34:5A-26.
"Environmental hazardous substance" or "EHS" means any substance designated by the Department of Environmental Protection in N.J.A.C. 7:1G-2.
"Environmental hazardous substance list" means the list of environmental hazardous substances developed by the Department of Environmental Protection pursuant to 34:5A-4 and N.J.A.C. 7:1G-2. The environmental hazardous substance list is incorporated into the Right to Know Hazardous Substance List.
"Environmental survey" means a written form, comprised of the Community Right to Know Survey, and the Release and Pollution Prevention Report, prepared by the Department of Environmental Protection and transmitted to an employer, on which the employer shall provide certain information concerning each of the environmental hazardous substances at the facility. The Community Right to Know Survey is incorporated into the Right to Know Survey.
"Explosive" means a chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.
"Exposed" means that a public employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contact or absorption, etc.), and includes potential (for example, accidental or possible) exposure.
"Facility" means the building, equipment and contiguous area at a single location used for the conduct of business and shall include any area where public or private employees are periodically assigned. Remote installed equipment that is not located in a building, which a public or private employee may occasionally repair, maintain, check for proper operation, expand, remove, or replace shall be considered part of the facility from which public or private employees are assigned to perform this work. Except for the purposes of education and training, 34:5A-13(c), labeling, 34:5A-14, and communication with the local fire department, 34:5A-25(b), "facility" shall not include a research and development laboratory.
"Flammable" means the susceptibility of materials to burn.
"Flashpoint" means the minimum temperature at which a liquid gives off a vapor in sufficient concentration to ignite when tested as follows:
1. Tagliabue Closed Tester for liquids with a viscosity of less than 45 Saybolt Universal Seconds at 100 degrees Fahrenheit (37.8 degrees Centigrade), that do not contain suspended solids and do not have a tendency to form a surface film under test; or
2. Pensky-Martens Closed Tester for liquids with a viscosity equal to or greater than 45 Saybolt Universal Seconds at 100 degrees Fahrenheit (37.8 degrees Centigrade), or that contain suspended solids, or that have a tendency to form a surface film under test; or
3. Setaflash Closed Tester.
"Hazardous substance" means any substance, or substance contained in a mixture, included on the hazardous substance list that the Department develops pursuant to 34:5A-5, introduced by an employer to be used, studied, produced, or otherwise handled at a facility. Hazardous substance shall not include:
1. Any article containing a hazardous substance if the hazardous substance is present in a solid form which does not pose any acute or chronic health hazard to a public or private employee or emergency responder exposed to it;
2. Any hazardous substance constituting less than one percent of a mixture unless the hazardous substance is present in an aggregate amount of 500 pounds or more in a container at a facility;
3. Any hazardous substance that is a special health hazard substance constituting less than the threshold percentage established by the Department for that special health hazard substance when present in a mixture. The threshold percentage for carcinogens, mutagens and teratogens shall be 0.1 percent;
4. Any hazardous substance present in the same form and concentration as a product packaged for distribution and use by the general public to which a public or private employee's exposure during handling is not significantly greater than a consumer's exposure during the principal use of the toxic substance;
5. Any fuel in a motor vehicle;
6. Tobacco or tobacco products;
7. Wood or wood products;
8. Foods, drugs, cosmetics, or alcoholic beverages in a retail establishment which are packaged for sale to consumers;
9. Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace;
10. Materials gathered as evidence by a law enforcement agency and maintained in an evidence locker or room;
11. Hazardous substances which are an integral part of a facility structure or furnishings; or
12. Products which are the personal property and are for the personal use of an employee.
"Hazardous substance fact sheet" means a written document that the Department prepares for each hazardous substance except for generic categories, and transmits to public employers, county health departments, county clerks, designated county lead agencies, and the public pursuant to the provisions of the Act.
"Instability" means the same as reactive or reactivity.
"Label" means a sign, emblem, sticker, or marker affixed to or stenciled onto a container listing the information required pursuant to N.J.S.A. 34:5A-14.
"Local Emergency Planning Committee" means a committee formed pursuant to Title III of the Federal Superfund Amendments and Reauthorization Act.
"Local fire department" means the fire department that has jurisdiction over the location of an employer's facility.
"Local police department" means the local police department or assigned State Police Troop that has jurisdiction over the location of an employer's facility.
"Mixture" means a combination of two or more substances not involving a chemical reaction.
"Mutagen" means an agent capable of disturbing the integrity of the hereditary mechanism of the cell or organism.
"One percent" means one percent by weight or volume.
"Person" includes an individual, corporation, company, partnership, firm, association, trust, estate, public or private institution, group, society, joint stock company, municipality, county, all political subdivisions of this State or any agency or instrumentality thereof including health departments, any agency or instrumentality of the State, and any legal successor, representative agent or agency of the foregoing.
"Pilot plant" means pilot facility as that term is defined at N.J.S.A. 13:1D.
"Potential exposure" includes exposure resulting from foreseeable emergencies such as, but not limited to, equipment failure, rupture of containers, or failure of control equipment which could result in an uncontrolled release of a hazardous substance into the workplace and exposure to a public employee.
"Private employee" means any paid full-time or part-time salaried, seasonal or hourly worker of a covered private employer.
"Process container" means a container, excluding a pipeline, the content of which is changed frequently; or a container of 10 gallons or less in capacity, into which substances are transferred from labeled containers, and which is intended only for the immediate use of the employee who performs the transfer; or a container on which a label would be obscured by heat, spillage or other factors; or a test tube, beaker, vial, or other container which is routinely used and reused. The contents of a container will be deemed to be "changed frequently" if the contents are changed at least once per shift. "Routinely used and reused" shall not include the situation where the same substances are continually being added and removed from the process container as in a continuous flow process.
"Public employee" means any paid full-time or part-time salaried, seasonal or hourly worker of a covered public employer, and shall include volunteer firefighters and volunteers who work for a covered public employer.
"Public employer" means the State and local governments, or any agency, authority, department, bureau, or instrumentality thereof, except for the purposes of the Worker and Community Right to Know Fund, N.J.S.A. 34:5A-26.
"Reactive" or "reactivity" means the potential of a material to release energy either by itself or when in contact with water.
"Requester" means any person who makes a request for the disclosure of the information for which a trade secret claim has been made.
"Research and development (R & D) laboratory" means a specially designated area, including pilot plants, used primarily for research, development, and testing activity, and not primarily involved in the production of goods for commercial sale, in which hazardous substances, in the case of public employers, or environmental hazardous substances, in the case of private employers, are used by or under the direct supervision of a technically qualified person. For the purpose of reporting on the Right to Know Survey and labeling, "primarily" means greater than 50 percent.
"Right to Know Enforcement Officer" means an employee of the Department who enforces the Worker and Community Right to Know Act.
"Right to Know Hazardous Substance List" includes the workplace hazardous substance list and the environmental hazardous substance list.
"Right to Know Substance Number" means a four-digit number assigned to each hazardous substance by the Department, which is used for reporting purposes. These numbers are not in sequence.
"Right to Know Survey" includes the workplace survey, environmental survey, and the emergency services information survey.
"Shall" means a mandatory requirement.
"Special health hazard substance" means any hazardous substance on the special health hazard substance list.
"Special health hazard substance list" means the list of special health hazard substances that the Department develops pursuant to 34:5A-5 for which an employer cannot make a trade secret claim.
"Superfund Amendments and Reauthorization Act" or "SARA" means the Federal Act ( PL 99-499) establishing the "Emergency Planning and Community Right to Know Act of 1986" at Title III ( 42 USC 11001) .
"Teratogen" means a substance which acts during pregnancy to produce a physical or functional defect in the conceptus or offspring.
"Threat to the health or safety of an employee" includes, but is not limited to, a substance which is flammable, explosive, corrosive, reactive, or possesses other physical properties which pose a threat to the health or safety of an employee; a substance which is known to cause cancer, genetic mutations, malfunctions in reproduction, acute or chronic disease, or other physiological malfunctions, in humans or animals.
"Trade secret" means any formula, plan, pattern, process, production data, information, or compilation of information, which is not patented, which is known only to an employer and certain other individuals, and which is used in the research and development or fabrication and production of an article of trade or service or of a mixture, and which gives the employer possessing it a competitive advantage over businesses who do not possess it, or the secrecy of which is certified by an appropriate official of the Federal government as necessary for national defense purposes. The chemical name and Chemical Abstracts Service number of a substance shall be considered a trade secret only if the employer can establish that the substance is unknown to competitors.
"Trade secret claim" means a written request, made by an employer pursuant to 34:5A-15 and N.J.A.C. 8:59-3, to withhold the public disclosure of information on the grounds that the disclosure would reveal a trade secret.
"Trade secret docket number" means a code number temporarily or permanently assigned to the identity of information on the Community Right to Know Survey or Release and Pollution Prevention Report by the Department of Environmental Protection.
"Trade secret registry number" means a code number that the Department temporarily or permanently assigns to the identity of a substance in a container pursuant to 34:5A-15 and 8:59-3.6.
"Workplace Hazardous Substance List" means the list of hazardous substances that the Department develops pursuant to 34:5A-5. The Workplace Hazardous Substance List is incorporated into the Right to Know Hazardous Substance List.
"Workplace survey" means a written document that the Department prepares and a public employer completes pursuant to the Act, on which the employer shall report each hazardous substance present at his or her facility. The workplace survey is incorporated into the Right to Know Survey.
N.J. Admin. Code § 8:59-1.3