N.J. Admin. Code § 8:59-8.9

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

Section 8:59-8.9 - Inspection procedures

(a) Right to Know Enforcement Officers are authorized to enter during normal operating hours any facility or other area where work is performed by a public or private employee of an employer; to inspect and investigate during normal operating hours within reasonable limits and in a reasonable manner, any such facility; and to review records required by the Act and rules and regulations promulgated pursuant thereto, and other records that are directly related to the purpose of the inspection.

(b) Upon a refusal to permit the Right to Know Enforcement Officer exercising official duties to enter an employer's facility during normal operating hours, to inspect, to review records, or to question any employer, owner, operator, agent, or public or private employee, the Department shall take appropriate action, including compulsory process, if necessary. The term "compulsory process" means the institution of any appropriate action, including ex parte application for an inspection warrant or its equivalent.

(c) Any permission by an employer to enter, inspect, review records, or question any person, shall not imply or be conditioned upon a waiver of any cause of action, civil administrative order, or penalty under the Act.

(d) Right to Know Enforcement Officers shall have the authority to take or obtain photographs related to the purpose of the inspection.

(e) Right to Know Enforcement Officers shall have the authority to question privately any employer, owner, operator, agent or public or private employee of a facility concerning matters regarding the Worker and Community Right to Know Act to the extent they deem necessary for the conduct of an effective and thorough inspection.

N.J. Admin. Code § 8:59-8.9

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