N.J. Admin. Code § 8:59-5.3

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

Section 8:59-5.3 - Research and development laboratories

(a) Alternative labeling system requirements follow:

1. Instead of labeling pursuant to this subchapter, an employer that follows the procedure in (c) below and that the Department approves as a research and development laboratory may label containers in the research and development laboratory by means of a code or number system. The code or number system must enable a public employee or emergency responder to readily make a cross reference to a hazardous substance fact sheet or documentary material that is retained on file by the employer at the facility, which will provide the public employee or emergency responder with the chemical name or common name permitted by 8:59-5.7, and CAS number of the substance contained in the container, if it exists, or the trade secret registry number assigned to the substance. The labeling threshold based on container size set forth in 8:59-5.6 shall apply to research and development laboratories using the alternative labeling system.

2. The code or number system shall be designed to allow the public employee free and ready access at all times to the chemical name and Chemical Abstracts Service number of the substances in the container, shall be designed to allow the public employee access to this information without the permission or assistance of management, and shall be available to the public employee at close proximity to his or her specific job location or locations.

(b) OSHA Laboratory Standard requirements follow:

1. Instead of labeling pursuant to this subchapter or (a) above, an employer that follows the procedure in (c) below and that the Department approves as a research and development laboratory may label containers in accordance with the Occupational Safety and Health Standard adopted by the United States Occupational Safety and Health Administration (OSHA), for private employers, and by the New Jersey Department of Labor and Workforce Development, for public employers, entitled "Occupational Exposure to Hazardous Chemicals in Laboratories" (Laboratory Standard), at 29 CFR 1910.1450 for private employers, and at 12:100-4.2 for public employers.

2. In order for a public employer to qualify for the labeling exemption in (b)1 above, the public employer shall comply with all other requirements of the Laboratory Standard, including the chemical hygiene plan, information and training, and hazard identification. Such training shall be given to all public employees exposed or potentially exposed to hazardous chemicals in the research and development laboratory, including maintenance personnel and persons washing laboratory equipment.

3. In public workplaces, public employees shall have free and ready access at all times to the chemical name and Chemical Abstracts Service number of the substances in the containers through alternative information sources, shall have access to this information without the permission or assistance of management, and shall have this information available at close proximity to his or her specific job location or locations.

(c) An employer that wishes to obtain a research and development laboratory exemption shall comply with the following procedure:

1. For public employers, the employer shall submit to the Department a completed research and development laboratory exemption application on forms approved by the Department.

2. For private employers, the employer shall submit to the Department of Environmental Protection (DEP) a completed research and development laboratory exemption application on forms approved by DEP.

3. The application forms required in (c)1 and 2 above shall contain the following information:

i. The name and address of the employer and facility (if different), location of the facility, and New Jersey Employer Identification Number of the employer;

ii. An 81/2 x 11 map of the facility indicating the designated research and development area(s) of the facility. The map should indicate if research and development activities are limited to specific locations within the facility or if the entire facility is dedicated to research and development activities;

iii. The percentage of total work hours devoted to research and development activities in the designated area(s);

iv. Written verification from the local fire department stating that an acceptable communications program has been established with them to assist them in responding to emergencies at the research and development laboratory;

v. A description of the technical qualifications of each supervisor of the research and development laboratory area(s) or a certification by the supervisor of the research and development laboratory operations that each research and development laboratory is under the direct supervision of a technically qualified person; and

vi. A signed certification that the information contained in the research and development laboratory exemption application is true, accurate and complete.

4. Upon receipt of a completed research and development laboratory exemption application, the Department of Health and the Department of Environmental Protection jointly shall make a determination to grant or deny the application. A letter will be sent by the Department (to public employers) or the Department of Environmental Protection (to private employers) to the applicant advising the applicant of the approval or denial of the application. The research and development laboratory exemption shall become effective upon receipt by the employer of a letter from the Department or the Department of Environmental Protection approving the application.

5. Employers that have received a research and development laboratory exemption as of August 2, 1993, need not reapply according to the procedure set forth in (c)1 through 4, above, and the terms and scope of existing exemptions are not affected by these amendments. Any changes that the employer wishes to make to the terms and scope of an existing exemption would require an application to be made pursuant to (c)1 through 4, above, reflecting those changes.

N.J. Admin. Code § 8:59-5.3

Amended by 50 N.J.R. 1036(a), effective 3/19/2018