N.J. Admin. Code § 8:59-2.2
Current through Register Vol. 56, No. 23, December 2, 2024
Section 8:59-2.2 - Completion of Right to Know Survey(a) A public employer shall report the hazardous substances which are present at its facility on the Right to Know Survey as follows: 1. Hazardous substances shall be reported by the common name permitted by 8:59-5.7, and Chemical Abstracts Service number listed on the Right to Know Hazardous Substance List.2. Hazardous substances which are special health hazard substances shall be reported on the Right to Know Survey in accordance with 8:59-10.1(b).3. Hazardous substances other than special health hazard substances which are included in a mixture shall be reported on the Right to Know Survey if they constitute one percent or more of the mixture or if the substance is present in the aggregate of 500 pounds or more in a container at the facility regardless of the percentage of the substance in a mixture.4. The name of the product in which the hazardous substance is contained shall be reported on the Right to Know Survey in alphabetical order. For each product, the type of container, greatest amount of the product in the prior 12 months (inventory), physical state of the product (unit), number of employees exposed or potentially exposed to the product, and the exact location of the product on site, shall be reported.5. The name of the hazardous ingredients of a product shall be listed in alphabetical order underneath the product name. For each ingredient, the New Jersey Right to Know Hazardous Substance List Substance Number, Chemical Abstracts Service number (CAS), United States Department of Transportation Hazardous Materials Identification Number (DOT No.), percentage of the hazardous ingredients in the product (mixture), and the Special Health Hazard Codes of the ingredients, shall be reported.6. The Right to Know Survey inventory pages shall be divided into large quantities of hazardous products at single locations and all other products, to be called small quantities. Large quantity is defined as a product present in a quantity greater than 100 pounds, gallons or cubic feet (inventory range codes 12 through 20). The Department shall have the discretion not to require the reporting of location of product for small quantities.(b) In order for the Department to enforce compliance with the law, a public employer shall maintain records which indicate which hazardous substance components are present in which substances, mixtures, or intermediates that are identified by non-generic, generic or non-acceptable common or chemical names. Material safety data sheets should be used for this purpose.(c) A public employer who wishes to claim a trade secret for the product trade name and chemical name or common name and Chemical Abstracts Service number of a hazardous or other substance shall follow the procedures set forth in N.J.A.C. 8:59-3 for making a trade secret claim on the Right to Know survey.(d) A public employer shall report on the Right to Know survey any other information the Department determines to be reasonably necessary in order to carry out its responsibilities under the Act.(e) If a public employer does not know the chemical name and Chemical Abstracts Service number of the components of a substance, mixture, or intermediate, at the time of receipt of the Right to Know Survey, it shall make a good faith effort to obtain this information from the manufacturer or supplier. A good faith effort shall consist of two contacts by letter and/or documented phone call to the manufacturer or supplier. The public employer shall maintain this written documentation of its good faith effort.(f) If a public employer is unable to obtain the chemical name and Chemical Abstracts Service number of all hazardous substances or the non-hazardous substances among the five most predominant components of the substance, mixture, or intermediate, it shall notify the Department on the form provided and attach it to the Right to Know survey submitted to the Department. The public employer shall include the identifying name or trade name of the substance, mixture or intermediate, and the manufacturer's name and address, and shall supply the department with any available corresponding material safety data sheet. If the public employer cannot identify the manufacturer's name it shall supply the name and address of the supplier.(g) A public employer shall certify on the Right to Know survey that the information contained therein is true, accurate and complete to the best of its knowledge.(h) If a public or private subcontractor stores hazardous substances at a public employer's facility, the public employer shall report these substances on the Right to Know survey.(i) A public employer shall obtain material safety data sheets from manufacturers, suppliers and subcontractors for all products present at the public employer's facility, purchased for the public employer's facility, and brought on site at the public employer's facility.N.J. Admin. Code § 8:59-2.2
Amended by R.1989 d.543, effective 11/6/1989.
See: 21 New Jersey Register 1253(a), 21 New Jersey Register 3516(a).
Provisions limited to public employers. Added (h) and (i).
Amended by R.1993 d.384, effective 8/2/1993.
See: 25 New Jersey Register 864(a), 25 New Jersey Register 3543(a).
Amended by R.1994 d.535, effective 11/7/1994.
See: 26 New Jersey Register 2888(a), 26 New Jersey Register 4380(b).
Amended by R.1999 d.363, effective 10/18/1999.
See: 31 New Jersey Register 1589(a), 31 New Jersey Register 3106(a).
In (e), deleted "annual" preceding "Right" in the first sentence.