[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)][Notices]
[Pages 3825-3830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01286]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-T034-2006-0779]
New Jersey State Plan for State and Local Government Employees;
Approval of Plan Supplements and Certification of Completion of
Developmental Steps
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: The New Jersey Department of Labor and Workforce Development
(LWD) submitted timely documentation attesting to the completion of all
structural and developmental aspects of its State Plan for State and
Local Government Employees as approved by the Occupational Safety and
Health Administration (OSHA). After extensive review of the submissions
and opportunity for correction, Plan supplements constituting an
updated and revised State Plan were submitted. OSHA is approving the
revised State Plan, which documents the satisfactory completion of all
structural and developmental aspects of New Jersey's approved State
Plan, and certifying this completion. This certification attests to the
fact that New Jersey now has in place those structural components
necessary for an effective State Plan for State and Local Government
Employees. (Enforcement of occupational safety and health standards
with regard to private sector employers and employees in the State of
New Jersey remains the responsibility of the U.S. Department of Labor,
OSHA).
DATES: Effective Date: January 22, 2016.
FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Frank Meilinger, Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210; telephone (202) 693-1999; email:
meilinger.francis2@dol.gov. For technical inquiries, contact Douglas
Kalinowski, Director, Directorate of Cooperative and State Programs,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
3700, Washington, DC 20210; telephone (202) 693-2244; email:
kalinowski.doug@dol.gov. Electronic copies of this Federal Register
notice, as well as all OSHA Federal Register notices mentioned in this
document, are available on OSHA's Web site at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 18 of the Occupational Safety and Health Act of 1970 (the
"OSH Act;" 29 U.S.C. 667) provides that a state which desires to
assume responsibility for the development and enforcement of
occupational safety and health standards may submit for OSHA review and
approval a State Plan for such development and enforcement. Regulations
at 29 CFR part 1956 provide that a state may voluntarily submit a State
Plan for the development and enforcement of occupational safety and
health standards applicable only to employers and employees of the
state and its political subdivisions. State and local government
employers are excluded from federal OSHA coverage under section 3(5) of
the OSH Act.
Under these regulations, the Assistant Secretary of Labor for
Occupational Safety and Health ("Assistant Secretary") may approve a
State Plan for State and Local Government Employees, if the Plan
provides for the development and enforcement of standards relating to
hazards in employment covered by the Plan which are or will be at least
as effective in providing safe and healthful employment and places of
employment for public employees as standards promulgated and enforced
by federal OSHA under section 6 of the OSH Act, giving due
consideration to differences between public and private sector
employment. Following initial approval, the state may begin enforcement
of its safety and health standards in the public sector and receive up
to 50 percent federal funding for the cost of Plan operations.
A State Plan for State and Local Government Employees may receive
initial approval even though at the time of submission not all
essential components of the Plan are in place. Pursuant to 29 CFR
1956.2(b), the Assistant Secretary may initially approve the submission
as a "developmental plan," and a schedule within which the state must
complete all "developmental steps" within a three year period is
issued as part of the initial approval decision. 29 CFR part 1953
provides procedures for the review and approval of changes and progress
in the development and implementation of the State Plan.
When the Assistant Secretary has reviewed and approved all
developmental submissions and finds that the state has satisfactorily
completed all developmental steps specified in the initial approval
decision, a notice certifying such completion is published in the
Federal Register (see 29 CFR 1956.23 and 1902.34). Certification
attests to the structural completeness of the Plan but does not render
judgment as to the adequacy or effectiveness of state performance.
II. State Plan History
In 1965, the Governor of the State of New Jersey issued Executive
Order No. 20, establishing a safety and health program for state
employees. In the early 1970s New Jersey developed a State Plan under
the OSH Act. The Plan provided for a safety and health program which
would cover state and local government employees and all employees in
the private sector in the state. In 1975, New Jersey was preempted in
the safety and health field by the federal program because state
legislation was not provided as required by the federal program. In
1984, the New Jersey Public Employees Occupational Safety and Health
Act (PEOSH Act) was signed into law by Thomas H. Kean, Governor of the
State of New Jersey. This act empowered the Department of Labor and
Workforce Development, the Department of Health, and the Department of
Community Affairs to inspect and enforce the PEOSH Act. Because the
PEOSH Act, as structured, presented several obstacles to receive
federal funding for a State and Local Government Employees Plan, a
revision was signed into law by Governor Whitman in 1995.
The New Jersey State Plan for State and Local Government Employees
is operated by the New Jersey Department of Labor and Workforce
Development, Public Employees Occupational Safety and Health (PEOSH)
Program. This limited scope State Plan was initially approved as a
developmental plan under section 18 of the OSH Act, and 29 CFR part
1956, on January 11, 2001 (66 FR 2265). After the initial approval of
the State Plan for State and Local Government Employees in 2001, New
Jersey successfully submitted all of its developmental plan change
supplements.
In July 2013, PEOSH submitted a completely revised State Plan which
provided updated documentation on all its developmental steps,
including those previously approved, for OSHA review and consideration.
After extensive review of those documents and opportunity for state
correction, New Jersey submitted further revisions in December 2013,
May 2014, and July 2014.
III. Description of the Revised State Plan
New Jersey submitted plan supplements constituting a revised State
Plan document with subsequent revisions dated December 2013, May 2014
and July 2014. The revised State Plan updates and documents all
structural components of the New Jersey program. This includes a
revised narrative description of the current program, legislation,
administrative rules, standards, a compliance manual, and current
copies of all key documents relating to New Jersey's State Plan for
State and Local Government Employees. These documents are described
below and are being approved in this notice.
A. The Plan Narrative and Appendices
The Plan designates the New Jersey Department of Labor and
Workforce Development (LWD), through the Public Employees Occupational
Safety and Health (PEOSH) program, as the state agency responsible for
administering the Plan throughout the state. The New Jersey PEOSH Act,
N.J.S.A. 34:6A-25 et seq., delegates certain responsibilities to the
New Jersey Department of Health (DOH) in the implementation of the
PEOSH Act. Major responsibilities delegated include: Inspection,
investigation, and related activities in occupational health and
environmental control; medical and first aid; toxic and hazardous
substances; respiratory protective equipment, and sanitation.
The Plan narrative provides a general overview of PEOSH's legal
authority, standards and variances, regulations, enforcement policies
and procedures (the "Field Operations Manual" or "FOM"), voluntary
compliance activities (including consultative services and training and
outreach programs), an occupational safety and health laboratory,
personnel policies and procedures, recordkeeping and reporting
requirements, budget, staffing and funding, all of which, together with
the supporting documents contained in various appendices, have been
determined to provide authority which is "at least as effective as"
that of the OSH Act and to meet the criteria and indices for plan
approval contained in 29 CFR part 1956.
The State Plan appendices contain a variety of state statutes and
other documents related to the PEOSH program and its authority, contest
procedures, and personnel policies, including: N.J. PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50; 1995 N.J. Laws Chapter 186 (amendments
to PEOSH Act); 1995 N.J. Laws Chapter 186--Governor's Signature;
Memorandum of Understanding (MOU) between LWD & DOH; N.J. Admin. Code
Title 1, Chapter 30--Rules for Agency Rulemaking; Administrative
Procedures Act--N.J.S.A. 52:14B.
The appendices also contain the following regulations: Procedural
Standards for N.J. State Plan--N.J.A.C.12:110; Safety & Health
Standards for Public Employees--N.J.A.C.12:100; Standard for Hazard
Communication--N.J.A.C.12:100 Chapter #7; Hazard Communication
Alternative Std. Proposal; Hazard Communication Alternative Std.
Adoption; Standards for Indoor Firing Ranges for Public Employees--
N.J.A.C.12:100 Chapter 8; Standards for Firefighters--N.J.A.C.12:100
Chapter 10; Fire Brigade Std. Comparison; Indoor Air Quality Standard--
N.J.A.C.12:100 Chapter 13; Review Commission Rules of Procedure--
N.J.A.C.12:112; Discrimination against Employees--N.J.A.C.12:110
Chapter 7; Inspection Scheduling System; On-Site Consultations--
N.J.A.C.12:110 Chapter 8.; Consultation Policies and Procedures Manual,
Chapter 3, III; 5yr. Strategic Plan--2014-2019; and Informational,
Educational, & Training Materials.
B. Legislation
The Plan includes legislation, the New Jersey PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50 as enacted in 1984 and amended in 1995
and 1997. Pursuant to this law, the State Plan provides coverage for
all state and local government employment in New Jersey. The PEOSH Act
defines covered employers as "public employer[s] and shall include any
person acting directly on behalf of, or with the knowledge and
ratification of: (1) The state, or any department, division, bureau,
board, council, agency or authority of the state, except any bi-state
agency; or (2) any county, municipality, or any department, division,
bureau, board, council, agency or authority of any county or
municipality, or of any school district or special purposes district
created pursuant to law." N.J.S.A.34:6A-27(c). It defines covered
employees as "any public employee, any person holding a position by
appointment or employment in the service of an `employer' as that term
is used in this act and shall include any individual whose work has
ceased as a consequence of, or in connection with, any administrative
or judicial action instituted under this act; provided, however, that
elected officials, members of boards and commissions and managerial
executives as defined in the `New Jersey Employer-Employee Relations
Act,' P.L.1941, c. 100, C. 34:13A-1 et seq. shall be excluded from the
coverage of this act." N.J.S.A.34:6A-27(d). Thus, the PEOSH Act covers
county, municipality, or any department, division, bureau, board,
council, agency, or authority of any county or district created
pursuant to law; and volunteer firefighters and emergency responders.
The PEOSH Act contains authority for standards
adoption, right of entry, inspections, citations, proposed penalties
for failure-to-abate violations, worker rights, variances, non-
discrimination, recordkeeping and voluntary compliance programs, etc.
The PEOSH Act contains three provisions which differ substantially from
the federal OSH Act.
1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. This authority, together with follow-up inspections and
judicial enforcement, is the primary means of compelling the abatement
of hazards by state and local government employers under the New Jersey
State Plan.
2. Split Enforcement. Section 34:6A-35 of the PEOSH Act establishes
enforcement by two departments: DOH, which conducts inspections under
health regulations in the workplace; and LWD, which conducts
inspections under safety regulations in the workplace; but it is LWD
that issues Order to Comply.
3. Advisory Board. Section 34:6A-28 of the PEOSH Act establishes
the Public Employees Occupational Safety and Health Advisory Board
("Advisory Board") consisting of several New Jersey department
Commissioners and 18 members who represent state and local government
employers and employees. The Advisory Board assists the Commissioner of
Labor and Workforce Development ("Commissioner of Labor") in
establishing standards for the occupational safety and health of public
employees and receives information regarding matters of concern to
public employees in the areas of occupational safety and health.
C. Standards
The PEOSH Act, section 34:6A-30(a) mandates that the Commissioner
of Labor adopt all applicable safety and health standards promulgated
under the OSH Act, which are in effect on the effective date of the
PEOSH Act (January 17, 1984). The New Jersey Plan has adopted all
federal OSHA standards since the inception of the OSH Act (N.J.A.C.
12:100) with the exception of Subpart L--Fire Protection, 29 CFR
1910.155 and 1910.156 (N.J.A.C. 12:100-10), and the Hazard
Communication Standard, 29 CFR 1910.1200 (N.J.A.C.12:100-7). The New
Jersey Plan assures the incorporation of any subsequent revisions or
additions to standards in a timely manner, including in response to
federal OSHA emergency temporary standards. The procedure for adoption
of federal OSHA standards is provided in the New Jersey State
Administrative Procedures Act, which requires submission of the
standard to the New Jersey Office of Administrative Law and publication
of the standard in the New Jersey State Register. Permanent standards
adopted by OSHA will be adopted by the Commissioner of Labor within six
(6) months from the federal promulgation date (N.J.A.C. 12:100-3A.1).
Public Employees Occupational Safety and Health Advisory Board.
Section 34:6A-28 of the PEOSH Act establishes the Advisory Board
consisting of the Commissioner of Education, the Commissioner of
Health, the Commissioner of Environmental Protection, the Commissioner
of Community Affairs, the State Treasurer, or their designees, and 18
members who represent state and local employers and employees, to be
appointed by the governor. The Advisory Board has two primary
functions: To assist the Commissioner of Labor in establishing
standards for the occupational safety and health of public employees,
and to receive information regarding matters of concern to public
employees in the areas of occupational safety and health.
Under the Plan, the Commissioner of Labor, in consultation with the
Commissioner of Health and the Commissioner of Community Affairs, and
with the advice of the Advisory Board, on his/her own initiative, can
propose additional or alternative occupational safety and health
standards if no federal standards are applicable or where standards
more stringent than the federal standards are deemed advisable
(N.J.S.A. 34:6A-30). The Advisory Board can also, after public
hearings, recommend such standards to the Commissioner of Labor. The
State Plan provides for the development and consideration of expert
technical information in the formulation of standards and allows
interested persons to submit information requesting development or
promulgation of any standard and to participate in any hearing for the
development, modification or establishment of standards. In addition,
the State Administrative Procedures Act requires public notice and
comment for all proposed rules, and provides opportunity for public
participation in related hearings. A notice of proposed rulemaking is
published in the New Jersey Register. The notice shall invite comments
from interested persons, and other such submissions, in accordance with
N.J.A.C. 1:30-1, Rules for Agency Rulemaking. The Plan includes the
state safety and health standards regulation, which codifies PEOSH's
adoption by reference of all federal OSHA safety and health standards
applicable to public employees. New Jersey standards are identical to
the federal standards with the following exceptions and additions. The
state promulgated and retained N.J.A.C. 12:100 Subchapter 8--Standard
for Indoor Firing Ranges for Public Employees, N.J.A.C. 12:100
Subchapter 13--Indoor Air Quality Standard and N.J.A.C. 12:100
Subchapter 10--Standards for Firefighters. On May 3, 2004, New Jersey
adopted a hazard communication standard with several additional
provisions which are more stringent than OSHA's Hazard Communication
Standard. These different or additional state requirements have been
reviewed and determined to be "at least as effective" as the
comparable federal standards.
D. Variances
Section 34:6A-39 of the PEOSH Act, the Administrative Procedure Act
(N.J.S.A.52:14B-1 et seq.), and N.J.A.C. 12:110 subchapter 6 establish
proceedings for the granting of permanent and temporary variances from
state standards, which are equivalent to the federal requirements at 29
CFR part 1905. These provisions require employee notification of
variance applications and provide for employee participation in
hearings held on variance applications. Variances may not be granted
unless it is established that adequate protection is afforded employees
under the terms of the variance. Under the Plan, all variances granted
have only future effect, and temporary variances are available only
prior to the effective date of a standard. Temporary variances may not
be renewed more than twice, and a renewal may not remain in effect
longer than 180 days. The Commissioner of Labor may issue one interim
order granting relief pending the hearing on permanent variance. The
procedures allow for the modification or revocation of permanent
variances at any time at least six months after issuance of the
variance.
E. Employee Notice and Discrimination Protection
The Plan provides for notification to employees of their
protections and obligations under the Plan by such means as the "You
Have the Right to a Safe and Healthful Workplace. It's the Law!"
poster (which is included in the Plan documents and also available
electronically on the PEOSH Web site) and required posting of notices
of violations. Section 34:6A-45 of the PEOSH Act provides for
protection of employees against discharge or
discrimination resulting from exercise of their rights under the PEOSH
Act in terms parallel to section 11(c) of the OSH Act. Complaints must
be filed within 180 days after the alleged violation, and the
complainant must be notified of the Commissioner of Labor's
determination within 90 days of the receipt of the complaint. If the
Commissioner of Labor determines that the provisions of Section 34:6A-
45 have been violated, an order for all appropriate relief, including
rehiring or reinstatement of the employee to his/her former position
with back pay and reasonable legal costs will be issued. The notice
shall become the Commissioner of Labor's final determination, unless,
within 15 days of receipt of the notice, the employer or employee
requests a hearing before the Commissioner of Labor or his designee, in
which case the Commissioner of Labor shall issue his final
determination not more than 45 days after the hearing report is issued.
F. Inspections and Enforcement
The Commissioner of Labor and the Commissioner of Health are
charged with making inspections in their jurisdictional areas as
specified in the PEOSH Act (N.J.S.A.34:6A-30, 35). The Commissioners
may call on the professional staff of other departments whenever they
deem their assistance necessary. Inspection and enforcement policies
and procedures provided in the Plan are established by the PEOSH Act,
34:6A-35, and the PEOSH FOM. Each Commissioner obtains the right of
immediate entry at reasonable hours and without advance notice into any
workplace to conduct such investigations as he/she may deem necessary.
The authority of each Commissioner to inspect any premises for purposes
of investigating an alleged violation under his/her jurisdiction is not
limited to the alleged violation but shall extend to any other area of
the premises in which he/she has reason to believe that a violation of
any provision of the PEOSH Act under his/her jurisdiction exists. The
Commissioner of Health shall make his/her inspection records available
to the Commissioner of Labor for purposes of enforcement. Any employee,
group of employees or employee representative who believes that a
violation of a safety standard exists, or that an imminent danger
exists, may request an inspection by giving notice to the Commissioner
of the violation or danger. Complaints must be filed in writing and
signed. Upon the request of the person giving the notice, his/her name
or the name of any employee representative giving the notice may be
withheld. The appropriate Commissioner shall conduct an appropriate
inspection at the earliest time possible. The Plan also includes a
prohibition of advance notice of inspections, a mechanism for employees
of the employer and their representatives to accompany the inspector
during the physical inspections, and opening, informal, and closing
conferences. If the Commissioner of Labor, or the Commissioner of
Health, concludes that conditions or practices in violation exist in
any workplace, the Commissioner of Labor shall, with reasonable
promptness, and in no case more than six months after his/her
determination or the receipt of the certificate or report, issue a
written Order to Comply to the employer (N.J.S.A.34:6A-41(a)).
Significant differences between federal OSHA and PEOSH inspection,
enforcement, and discrimination include the following:
1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. If the time for compliance with an Order of the
Commissioner of Labor elapses, and the employer has not made a good
faith effort to comply, the Commissioner of Labor shall issue a second
Order to Comply imposing a civil administrative penalty of up to $7,000
per day for each violation not abated. If the employer contests the
proposed daily penalties, a follow-up inspection shall still be
scheduled. If an Order and daily penalties are not to be proposed
because of an employer's flagrant disregard of an Order, the Director
of PEOSH shall immediately contact the Commissioner of Labor, in
writing, detailing the circumstances so that the matter can be referred
to the State Attorney General's Office for issuance of a restraining
order. Procedures for follow-up inspections are established in the
PEOSH FOM Chapter 7, Section XII.
2. Whistleblower (Discrimination). The period fixed in the Plan for
filing eligible complaints is 180 days, and the procedure in the Plan
for enforcing merit determinations is through Orders to Comply (N.J.S.A
34:6A-45).
G. Compliance Manual
The PEOSH FOM, first issued in April 2009, replaces the New Jersey
Field Inspection Reference Manual (FIRM) and is available to the public
on the LWD Web site. The New Jersey compliance manual parallels federal
OSHA's revised Field Operations Manual, CPL 02-00-150, and incorporates
other policies parallel to federal compliance directives and unique
state requirements. The PEOSH FOM provides guidance to PEOSH compliance
staff concerning general staff responsibilities, pre-inspection
procedures (including inspection scheduling and priorities, complaints
and other unprogrammed inspections and inspection preparation),
inspection procedures (including conduct of the inspection, opening
conference, closing conference, physical examination of the workplace,
follow-up inspections, fatality/catastrophe investigations, imminent
danger investigations, and construction inspections), inspection
documentation (including types of violations, violations of the general
duty clause, writing citations, and grouping/combining violations),
post-inspection procedures (including abatement, citations, penalties,
and post-citation processes), discrimination investigation procedures
(set forth in more detail in the PEOSH Whistleblower (Discrimination)
Investigations Manual, which parallels the relevant portions of federal
OSHA's Whistleblower Investigations Manual, CPL 02-03-003), and
disclosure of information under the New Jersey Open Public Records Act
(N.J.S.A. 47:1A-et seq.). New Jersey also uses and has adopted the OSHA
Technical Manual (TED 01-00-015), which replaced the former Industrial
Hygiene Manual, as guidance for its staff.
H. Review Procedures
Section 34:6A-42 of the PEOSH Act establishes an Occupational
Safety and Health Review Commission ("Review Commission") within LWD
to hear appeals regarding Orders to Comply and penalties.
Under the Plan, both public employers and employees may seek formal
administrative review of LWD citations and penalties, as well as the
reasonableness of the abatement period, before the Review Commission
(N.J.S.A. Sections 34:6A-36, 41 and N.J.A.C. 12:110-4.13). The notice
of contest must be filed with the Commissioner of Labor within 15
working days of the issuance of an Order to Comply. The Commissioner of
Labor must immediately advise the Review Commission of the
notification, and the Review Commission will afford an opportunity for
a hearing. After hearing an appeal, the Review Commission may sustain,
modify or dismiss an Order or penalty, and the Review Commission's
decision shall become final 45 days after its issuance (N.J.S.A. 34:6A-
42).
I. Judicial Review
Appeals from decisions of the Review Commission are to the
Appellate Division of the Superior Court (N.J.S.A. 34:6A-43).
J. Budget and Personnel
The Plan includes the FY 2015 grant application under section 23(g)
of the OSH Act, which includes a current organizational chart and
detailed information on staffing and funding. The state has given
satisfactory assurances of adequate funding to support the Plan. In FY
2015, the State Plan was funded at $1,921,400 in federal section 23(g)
funds, $1,921,400 in matching state funds, and $911,664 in 100% state
funds, for a total federal and state contribution of $4,754,464. The
state has given satisfactory assurance (New Jersey State Plan, p.156)
that it will meet the staffing requirements of 29 CFR 1956.10. OSHA
considers PEOSH's current staffing and funding levels to be adequate
and appropriate.
K. Records and Reports
The Plan provides that state and local government employers in New
Jersey will maintain appropriate records and make timely reports on
occupational injuries and illnesses in a manner substantially identical
to and "at least as effective as" that required for private sector
employers under federal OSHA. New Jersey participates and has assured
that it will continue its participation in the Bureau of Labor
Statistics Annual Survey of Injuries and Illnesses in the public
sector. The Plan also contains assurances that the Commissioner of
Labor will provide reports to OSHA in such form as the Assistant
Secretary may require and that New Jersey will continue to participate
in the OSHA Information System (OIS). The state adopted federal OSHA's
revision of its recordkeeping rules (29 CFR part 1904; 66 FR 5916-
6135), January 19, 2001, as well as OSHA's New Reporting Requirements
(January 2015).
L. Voluntary Compliance Programs
The state and local government employee consultation program makes
available both safety consultants and industrial hygienists to state
and local government employers who request such service for the purpose
of apprising them of existing hazards and the best means of abatement.
The PEOSH consultation program generally follows OSHA's Consultation
Policies and Procedures Manual, CSP 02-00-002. The consultation program
also provides outreach and training in support of PEOSH's activities.
Under the Plan, training is provided to state and local government
employers and employees, and seminars are conducted to familiarize
affected individuals with applicable safety and health standards and
requirements and safe work practices. PEOSH has a variety of public
information programs to disseminate information and publications on
important safety and health concerns. Policies and procedures for
outreach programs, including training, educational and informational
services, as well as voluntary compliance programs, are described in
the Consultation Policies and Procedures Manual.
IV. Completion of Developmental Steps
With the approval of the revised State Plan in today's action, all
developmental steps specified in the January 11, 2001 notice of initial
approval of the New Jersey State Plan for State and Local Government
Employees, and other relevant steps, have been successfully completed
and approved as follows:
A. In accordance with New Jersey development step (a), the State of
New Jersey has promulgated standards identical to all federal OSHA
standards with the exception of Subpart L--Fire Protection and the
Hazard Communication Standard (both include provisions which are more
stringent than federal OSHA's). New Jersey has also established state
standards on issues for which no federal standards are applicable. The
state standards are the Indoor Firing Ranges for Public Employees
Standard, and the Indoor Air Quality Standard. These four state-
specific standards are approved by the Assistant Secretary in today's
notice.
B. In accordance with New Jersey development step (b), New Jersey
has promulgated regulations for inspections, citations, and abatement
equivalent to 29 CFR part 1903, as supplemented by the PEOSH Act and
the PEOSH FOM, all of which are approved by the Assistant Secretary in
today's notice.
C. In accordance with New Jersey development step (c), New Jersey
has developed a five-year strategic plan which is approved in today's
notice.
D. In accordance with New Jersey development step (d), the state
has developed a Field Operations Manual which parallels the OSHA Field
Operations Manual, CPL 02-00-150, and incorporates other federal
compliance policy directives and unique state requirements. The state's
Field Operations Manual is approved in today's notice.
E. In accordance with New Jersey development step (e), the state
has implemented a state and local government employer/employee
consultation, training, and education program equivalent to 29 CFR part
1908 which is approved in today's notice.
F. In accordance with New Jersey development step (f), the state
developed and adopted employee non-discrimination procedures equivalent
to 29 CFR part 1977 which are approved in today's notice.
G. In accordance with New Jersey development step (g), the State
Plan promulgated regulations for granting variances equivalent to 29
CFR part 1905 which are approved in today's notice.
H. In accordance with New Jersey development step (h), the state
has promulgated regulations regarding recordkeeping equivalent to 29
CFR 1904, including the new recordkeeping rule, revised on January 1,
2015, which are approved in today's notice.
V. Decision
A. Approval of Plan Supplements
After careful review, opportunity for state correction, and
subsequent revision, the plan supplements constituting a revised New
Jersey State Plan for State and Local Government Employees and its
components described above are found to be in substantial conformance
with comparable federal provisions and the requirements of 29 CFR part
1956 and are hereby approved under 29 CFR part 1953 as providing a
revised State Plan for the development and enforcement of standards
which is "at least as effective as" the federal program, as required
by section 18 of the OSH Act and 29 CFR part 1956. The right to
reconsider this approval of the revised State Plan supplements is
reserved should substantial objections or other information become
available to the Assistant Secretary regarding any components of the
Plan changes.
B. Certification
With the approval of a revised State Plan as noted above, all
developmental steps have now been successfully completed, documented,
and approved. In accordance with 29 CFR 1956.23, the New Jersey State
Plan for State and Local Government Employees is certified as having
successfully completed all developmental steps. This certification
attests to the structural completeness of the State Plan and that it
has all the necessary authorities and procedures to provide "at least
as effective" standards, enforcement, and compliance assistance to the
employees of the State of New Jersey and its
political subdivisions. This action renders no judgment as to the
effectiveness of the State Plan in actual operations.
VI. Location of Basic State Plan Documentation
Copies of the revised New Jersey State Plan for State and Local
Government Employees are available on the State Plan's Web site or upon
request. Contact the Regional Administrator, U.S. Department of Labor,
Occupational Safety and Health Administration, 201 Varick Street, Room
670, New York, New York 10014; or the New Jersey Public Employee
Occupational Safety and Health Program, 1 John Fitch Plaza, P.O. Box
386, Trenton, NJ 08625-0386.
Components of the New Jersey State Plan, including the Field
Operation Manual, recordkeeping regulations and instructions, complaint
forms, and other program information are posted on the New Jersey
Department of Labor & Workforce Development, Public Employee
Occupational Safety and Health Web site at: http://www.state.nj.us/health/peosh/.
The PEOSH Act is administered by two departments: the New Jersey
Department of Health enforces health regulations in the workplace; and
the New Jersey Department of Labor & Workforce Development enforces
safety regulations in the workplace. To obtain information, visit the
NJDLWD PEOSH Program Web site at: http://lwd.dol.state.nj.us/labor/lsse/safetyhealth_index.html or call (609) 633-3896.
Information on PEOSH laws and regulations can be found on the New
Jersey Web site at: http://lwd.dol.state.nj.us/labor/lsse/laws/peosha_law.html.
Information on the New Jersey Department of Labor and Workforce
Development, Office of Administrative Law and Review Commission can be
found on the New Jersey Labor and Workforce Development Web site at:
http://lwd.dol.state.nj.us/. The state Administrative Procedures Act
can be found on the Governor's Web site at: http://www.nj.gov/governor/.
Electronic copies of this Federal Register notice and the related
press release are available on OSHA's Web site at: http://www.osha.gov.
More information on the New Jersey State Plan can be found on OSHA's
Office of State Programs Web site at: http://www.osha.gov/dcsp/osp/stateprogs/new_jersey.html.
Authority and Signature
This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under section 18 of the Occupational Safety and
Health Act of 1970, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1956;
and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
Signed in Washington, DC, on January 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-01286 Filed 1-21-16; 8:45 am]
BILLING CODE 4510-26-P
