N.J. Admin. Code § 8:59-7.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:59-7.2 - Employer obligations

(a) Every public employer shall establish and maintain a central file at its facility in which it shall retain a completed Right to Know survey for the facility, appropriate hazardous substance fact sheets and material safety data sheets, and the Right to Know Hazardous Substance List.

(b) Every public employer shall post, on bulletin boards in the facility, readily accessible to employees, a notice of the availability of Right to Know Surveys, hazardous substance fact sheets, material safety data sheets, and the Right to Know Hazardous Substance List, from the employer, from the Department, from the Department of Environmental Protection, and from the county health department, county clerk, or designated county lead agency. A poster provided by the Department shall be used to meet the requirements of this subsection.

(c) A public employer, upon request, shall provide an employee whose native language is Spanish or employee representative a Spanish translation of a Right to Know survey, hazardous substance fact sheet and, if applicable, a material safety data sheet. Every employer with employees whose native language is Spanish shall post the notice required in (b) above in Spanish.

(d) A public employer, upon written request, shall provide an employee or employee representative a copy of a Right to Know survey, appropriate hazardous substance fact sheets and, if applicable, material safety data sheets, at no cost. This information shall be provided as soon as possible but at the latest within five working days of the request. For a mixture, a public employer, upon written request, shall provide an employee or employee representative a copy of the appropriate material safety data sheet.

(e) A public employer, upon written request, shall provide an employee or employee representative the chemical name of a substance in a container labeled with a common name. This information shall be provided as soon as possible but at the latest within five working days of the request.

(f) A public employer, upon written request, shall provide an employee or employee representative the chemical name and CAS number or trade secret registry number of all hazardous substances and the five most predominant substances contained in any container that is not labeled pursuant to the Act. This information shall be provided as soon as possible but at the latest within five working days of the request.

(g) Every research and development laboratory shall establish a communications program with the local fire department, which shall be designed to assist the fire department in adequately preparing to respond to emergencies at the research and development laboratory.

(h) If a public employer cannot supply a hazardous substance fact sheet or the chemical name and CAS number of a substance to an employee who requested it, because the employer has not received the hazardous substance fact sheet that the employer requested from the Department, or does not know the name of the substance or substances constituting the components of the product and has reported this to the Department, the public employer shall:

1. Inform the employee in writing that it has requested and not received the hazardous substance fact sheet from the Department, and provide the employee the appropriate material safety data sheet; or

2. Inform the employee in writing that it has reported to the Department that it does not know the name of the substance or substances constituting the components of the product, and provide the employee the appropriate material safety data sheet.

(i) No public employer shall discharge, cause to be discharged, or otherwise discipline, penalize, or discriminate against any employee because the employee or his or her employee representative has exercised any right established in the Act.

(j) The requirements of this section to supply hazardous substance fact sheets and material safety data sheets to employees or employee representatives shall also apply to hazardous substances brought into a public employer's facility (including surrounding land) by a public or private subcontractor.

N.J. Admin. Code § 8:59-7.2

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