N.J. Admin. Code § 8:59-8.10

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

Section 8:59-8.10 - Representatives of employers and public employees

(a) Right to Know Enforcement Officers shall be in charge of inspections and questioning of persons. A representative of the employer and, for public employers, a representative authorized by the public employees, shall be given an opportunity to accompany the Right to Know Enforcement Officer during the physical inspection of any workplace for the purpose of aiding such inspection. A Right to Know Enforcement Officer may permit additional employer representatives and, for public employers, additional representatives authorized by public employees, to accompany the Right to Know Enforcement Officer if the Right to Know Enforcement Officer determines that such additional representatives will further aid the inspection. A different employer and, for public employers, a public employee representative may accompany the Right to Know Enforcement Officer during each different phase of an inspection if this will not interfere with the conduct of the inspection.

(b) If there is a disagreement as to who is the representative authorized by the employer and, for public employers, public employees to accompany the Right to Know Enforcement Officer on the inspection, the Right to Know Enforcement Officer shall make the final determination as to who is the authorized representative. The Right to Know Enforcement Officer shall have the authority to talk to any public or private employee of the facility during the inspection concerning matters regarding Right to Know compliance.

(c) If in the judgment of the Right to Know Enforcement Officer good cause has been shown why accompaniment by a third party who is not an employee of the public or private employer is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, such third party may accompany the Right to Know Enforcement Officer during the inspection. Such third party may be a local emergency responder.

(d) Right to Know Enforcement Officers are authorized to deny the right of accompaniment under this section to any person whose conduct interferes with a fair and orderly inspection.

N.J. Admin. Code § 8:59-8.10

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