New Jersey State Plan
New Jersey State Plan
- Initial Approval: January 11, 2001 (66 FR 2272)
- State Plan Certification: January 22, 2016 (81 FR 3825)
The New Jersey Public Employees Occupational Safety and Health (PEOSH) State Plan is part of the New Jersey Department of Labor and Workforce Development (NJDLWD). New Jersey PEOSH is headed by the Commissioner of Labor and Workforce Development. The main office is located in Trenton.
PEOSH covers all state and local government workplaces, including state, county, and local government agencies, state and local government authorities, fire departments, and school districts. Federal government workers – including those employed by the United States Postal Service and civilian workers on military bases – are covered by OSHA, which also exercises authority over private sector employers in the state. A brief summary of the New Jersey State Plan is included in the Code of Federal Regulations at 29 CFR 1952.25. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.
State Plan Standards
PEOSH has adopted identically all OSHA standards and regulations applicable to state and local government employment with the exception of the following:
- Hazard Communication Program Standard - NJAC 12:100-7
- Firefighters Standard-- NJAC 12:100-10
The New Jersey Plan provides for the adoption of alternative or different occupational safety and health standards by the Commissioner of Labor and Workforce Development in consultation with the Commissioner of Health and Senior Services, the Commissioner of Community Affairs, and the Public Workers Occupational Safety and Health Advisory Board, where no federal standards are applicable to the conditions or circumstances or where standards more stringent than the federal standards are deemed advisable. PEOSH has the following state-initiated standards, administered by their Department of Health and Senior Services:
- Indoor Air Quality Standard - NJAC 12:100-13
- Indoor Firing Ranges Standard- NJAC 12:100-8
The New Jersey PEOSH Act is administered by the following two departments:
- The New Jersey Department of Labor and Workforce Development (NJDLWD) investigates complaints regarding safety hazards in the workplace and is responsible for other actions to enforce the Act throughout the state.
- The New Jersey Department of Health (NJDOH) investigates complaints regarding health hazards in the workplace. NJDOH enforces the New Jersey Indoor Air Quality Standard and information concerning the standard, as well as a copy of the standard, can be found on the NJDOH website.
The Office of Public Workers' Occupational Safety and Health (OPEOSH) conducts general and targeted inspections and investigations to ensure workplace safety. OPEOSH has the authority to order the correction of any safety or health hazards identified during an inspection. Information on unique enforcement initiatives or local emphasis programs can be found on the New Jersey State Plan website.
Voluntary and Cooperative Programs
New Jersey PEOSH offers voluntary and cooperative programs that focus on reducing injuries, illnesses, and fatalities. New Jersey's PEOSH also offers on-site consultation services which help employers comply with PEOSH's standards and identify and correct potential safety and health hazards. New Jersey also has an agreement with OSHA, under Section 21(d) of the OSH Act, to provide free on-site consultation services to the private sector. For more information on these programs, please visit the New Jersey State Plan website.
Informal Conferences and Appeals
Under the PEOSH Act, employers, workers, and/or other affected parties may seek informal review with NJDLWD and contest orders before the Occupational Safety and Health Review Commission. Judicial review of a decision of the Occupational Safety and Health Review Commission may be obtained from the Appellate Division of the Superior Court. For further information, please visit the State Plan website.
New Jersey Department of Labor and Workforce Development
Public Employees Occupational Safety and Health (PEOSH) Office
- 1 John Fitch Plaza
- P.O. Box 386
- Trenton, New Jersey 08625-0386
- (609) 633-3896
- (609) 292-3749
- Harold J. Wirths, Commissioner
- (609) 292-2975
- Aaron R. Fichtner, PhD, Deputy Commissioner
- (609) 292-1070
- John Monahan, Assistant Commissioner
- Labor Standards and Safety Enforcement
- (609) 292-2313
- Thomas Lipski, Chief
- (609) 984-1389
Division of Public Safety and Occupational Safety and Health (PSOSH)
- Howard Black, Director
- (609) 292-0501
- Howard Black
For all health-related matters, please contact:
New Jersey Department of Health
- John Fitch Plaza, 8th Floor
- P.O. Box 360
- Trenton, New Jersey 08625-0386-0360
- (609) 984-1863
- (609) 984-2779
- Mary E. O’Dowd, MPH, Commissioner
- (609) 292-7837
- Arturo Brito, MD, MPH, Deputy Commissioner
- (609) 292-7836
- Ruth Charbonneau, RN, JD, Chief of Staff
- (609) 292-1447
- Christina Tan, MD, PH, State Epidemiologist/Assistant Commissioner
- (609) 826-5967
- Joseph Eldridge, Director
- Consumer Environmental Occupational Health
- (609) 826-4920
- Gary Centifonti, Acting Program Manager
- Environmental Occupational Health Assessment Program
- (609) 826-4950
- Virginia Brenton, Consultation/Outreach Unit Coordinator
- (609) 984-2202
OSHA makes every effort to ensure that this webpage is accurate and up-to-date; however, for the latest information please contact the State Plan directly.