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New Jersey State Plan

About the New Jersey State Plan [New Jersey State Plan Website - Safety | Health]

The Public Employee Occupational Safety and Health Program (PEOSH), by authority established under the PEOSH Act of 1995 (N.J.S.A 34:6A-25 et seq., enacted in 1984 and amended on July 25, 1995) is responsible for promoting the health and safety for approximately 500,000 State and Local government employees in the State. The New Jersey Plan received initial plan approval on January 11, 2001. The Plan designates the New Jersey Department of Labor and Workforce Development as the State agency responsible for administering the Plan throughout the State. Under this enabling legislation, the Commissioner of Labor and Workforce Development has full authority to enforce and administer all laws and rules protecting the safety and health of all employees of the state and its political subdivisions in the State, as well the responsibility to adopt all applicable federal standards and maintain "at least as effective" as performance requirements. The Commissioner of Health and Senior Services has authority for occupational health matters including the authority to conduct health inspections, investigations and related activities, such as health consultation visits and training.

Jurisdiction

The New Jersey State Plan applies to all State, County and Local government agencies, public authorities, fire departments, and school districts.

Federal OSHA maintains jurisdiction over all private sector workplaces; federal agencies; maritime employers such as shipyards, marine terminals, and longshoring; military facilities; Indian sovereignty workplaces; and the U.S. Postal Service.

Regulations and Standards

States must set job safety and health standards that are "at least as effective" as Federal OSHA standards. States may promulgate standards that are more stringent than the comparable federal standards or promulgate standards covering hazards not addressed by federal standards.

The PEOSH Program has adopted identically all Federal OSHA standards and regulations applicable to public sector employment, with the exception of the following:

  • Hazard Communication Program - 1910.1200 - PEOSH modified OSHA's standard to include specific provisions of the State's Right-to-Know Law regarding fact sheets on chemicals - State Standard NJAC 12:100-7
  • Fire Brigade 1910.156 - State Standard NJAC 12:100-10

In addition, 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 Employees 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 are deemed advisable.

Currently, PEOSH has two State-initiated Standards, administered by the Department of Health and Senior Services:

  • Indoor Air Quality - NJAC 12:100-13
  • Indoor Firing Ranges - NJAC 12:100-8

The Hazard Communication Program, Standards for Firefighters, Indoor Air Quality and Indoor Firing Ranges standards are part of the PEOSH Act.

Enforcement Programs

PEOSH adopted the federal Field Inspection Reference Manual (FIRM) (PDF) with modifications specific for public sector enforcement.

The program is administered by two departments with respective subdivisions as follows:

  • Department of Labor and Workforce Development (LWD) - Responsible for the administration of the program and its enforcement procedures, including standards adoption, compliance with all federal program changes and all safety related matters. Subdivided into enforcement and consultation/training and education divisions.
  • Department of Health and Senior Services (DHSS) - Responsible for the enforcement of all health-related standards and to encourage employers in their efforts to improve workplace environmental conditions. Subdivided into enforcement and consultation/training and education divisions.
Voluntary and Cooperative Programs

PEOSH offers a number of voluntary and free cooperative programs focusing on reducing injuries, illnesses and fatalities in the public sector, including workplace hazard assessment surveys, training and outreach seminars. All consultation services are conducted separate and apart from enforcement activities. PEOSH has also a Safety and Health Achievement and Recognition Program (SHARP) specifically tailored for public sector workplaces in New Jersey.

Additional information on the State Plan's Public Sector Consultation Services can be found at the following numbers and web links:

New Jersey also has an agreement with OSHA, under Section 21(d) of the OSH Act to provide free onsite consultation services to the private sector. For more information on this service, please contact the Onsite Consultation Program at (609) 984-0785 or online.

Policies and Procedures

PEOSH's Program Safety Directives

PEOSH's Program Health Directives

Informal Conferences and Appeals

Under Section 34:6A-42 of the PEOSH Act, employers, employees and other affected parties may seek informal review with the Department of Labor and Workforce Development relative to a notice of violation/Order to Comply, the reasonableness of the abatement period, any penalty and/or may seek formal administrative review with the Occupational Safety and Health Review Commission, a board appointed by the Governor and authorized under section 34:6A.42 of the New Jersey Act to hear and rule on appeals of orders to comply and any penalties proposed. Any employer, employee or employee representative affected by a determination of the Commissioner may file a contest within fifteen (15) working days of the issuance of an order to comply. The Review Commission will issue an order, based on a finding of fact, affirming, modifying, or vacating the commissioner's order to comply or the proposed penalty, or directing other appropriate relief, and the order shall become final 45 days after its issuance. Judicial review of the decision of the Review Commission may be sought at the Appellate Division of the Superior Court. For further information you can access the Review Commission section of the PEOSH Act using the web link below. You can also contact the office at (609) 633-3896.

Other Resources

Publications, Posters and Forms can be found at the following links:

Contact Information

New Jersey Department of Labor and Workforce Development
Public Employees Occupational Safety and Health (PEOSH) Office
  • One John Fitch Plaza - State Office Building Campus
  • P.O. Box 110
  • Trenton, New Jersey 08625-0110
  • (609) 633-3896
  • (609) 292-3749
  • Harold J. Wirths, Commissioner
  • (609) 292-2975
  • John Monahan, Assistant Commissioner
  • (609) 292-2313

Division of Public Safety and Occupational Safety and Health (PSOSH)

For all health-related matters, please contact:

State of New Jersey
Department of Health and Senior Services
  • One John Fitch Plaza
  • P.O. Box 360
  • Trenton, New Jersey 08625-0360
  • (609) 984-1863
  • (609) 984-2779
  • Mary E. O'Dowd, Commissioner
  • (609) 292-7837
Consumer, Environmental and Occupational Health Service (CEOHS)
  • Joe Eldridge, Director
  • (609) 826-4920
Public Employees Occupational Safety and Health (PEOSH) Office

Disclaimer

OSHA makes every effort to ensure that the information on this page is accurate and up to date, but changes in state law and procedures affecting the information on this page are beyond OSHA's control. Contact state program staff directly to verify important information.


*Accessibility Assistance: Contact OSHA's Directorate of Cooperative and State Programs at (202) 693-2200 for assistance accessing PDF materials.

All other documents, that are not PDF materials or formatted for the web, are available as Microsoft Office® formats and videos and are noted accordingly. If additional assistance is needed with reading, reviewing or accessing these documents or any figures and illustrations, please also contact OSHA's Directorate of Cooperative and State Programs at (202) 693-2200.

**eBooks - EPUB is the most common format for e-Books. If you use a Sony Reader, a Nook, or an iPad you can download the EPUB file format. If you use a Kindle, you can download the MOBI file format.

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