N.J. Admin. Code § 12:100-13.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 12:100-13.3 - Compliance program

(a) The employer shall identify a designated person who is given the responsibility to assure compliance with this section. The employer shall assure that the designated person is familiar with the requirements of this subchapter. The designated person shall assure that at least the following actions are implemented and documented:

1. Establishing and following a preventive maintenance schedule in accordance with the manufacturer's recommendations or with accepted practice for the HVAC system. Scheduled maintenance of the HVAC system shall include checking and/or changing air filters, checking and/or changing belts, lubrication of equipment parts, checking the functioning of motors and confirming that all equipment is in operating order. Damaged or inoperable components shall be replaced or repaired as appropriate. Additionally, any parts of this system with standing water shall be checked visually for microbial growth;

2. Implementing the use of general or local exhaust ventilation where housekeeping and maintenance activities involve use of equipment or products that could reasonably be expected to result in hazardous chemical or particulate exposures, above the applicable Permissible Exposure Limit (PEL), as adopted by reference under 12:100-4.2, to employees working in other areas of the building or facility;

3. When the carbon dioxide level exceeds 1,000 parts per million (ppm), the employer shall check to make sure the HVAC system is operating as it should. If it is not, the employer shall take necessary steps as outlined in (a)1 above;

4. When temperatures in office buildings are outside of the range of 68 to 79 degrees Fahrenheit, the employer shall check to make sure the HVAC system is in proper operating order. If it is not, the employer shall take necessary steps as outlined in (a)1 above;

5. If contamination of the make-up air supply is identified and documented, then the make-up inlets and/or exhaust air outlets shall be relocated or the source of the contamination eliminated. Sources of make-up air contamination may include contaminants from sources such as, but not limited to, cooling towers, vents, and vehicle exhaust;

6. Assuring that building without mechanical ventilation are maintained so that windows, doors, vents, stacks and other portals designed or used for natural ventilation are in operable condition;

7. Promptly investigating all employee complaints of signs or symptoms that may be associated with building-related illness or sick building syndrome;

8. The employer shall have a written plan describing how it will achieve compliance with this subchapter, which plan shall list the identity and responsibilities of the designated person referred to in (a) above and which shall include procedures which, at a minimum, address the following issues:

i. Following of a preventive maintenance schedule;

ii. Keeping of required records;

iii. Locating of Indoor Air Quality compliance documents;

iv. Investigating of employee complaints;

v. Responding to signed employee complaints that have been submitted to the State alleging violation of the Public Employees' Occupational Safety and Health Act, 34:6A-25 et seq.;

vi. Notifying employees of work that may introduce air contaminants;

vii. Controlling microbial contamination;

viii. Controlling air contaminants;

ix. Responding to temperature and/or carbon dioxide exceedences;

x. Maintaining air quality during renovations and remodeling;

xi. Obtaining permits and performing work as required by the New Jersey Uniform Construction Code, N.J.A.C. 5:23; and

xii. Maintaining natural ventilation in buildings without mechanical ventilation; and

9. The employer shall review and update the written compliance plan referred to in (a)8 above at least annually, and whenever necessary to reflect new or modified tasks and procedures and to reflect new or revised employee positions.

N.J. Admin. Code § 12:100-13.3

Amended by R.2007 d.169, effective 5/21/2007.
See: 38 N.J.R. 5313(a), 39 N.J.R. 2122(b).
In the introductory paragraph of (a), inserted the second sentence; in (a)1, deleted "reservoirs or" preceding "parts of this system"; in (a)5, inserted ", but not limited to,", deleted "sanitary" preceding "vents", and substituted "and vehicle exhaust" for "vehicular exhausts from parking garages, loading docks, and street traffic"; in (a)6, deleted "and" from the end; in (a)7, substituted "or sick building syndrome;" for the period at the end; and added (a)8 and (a)9.