N.J. Admin. Code § 12:101-3.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12:101-3.2 - Additional safety responsibilities of the hotel employer

(a) A hotel employer must do the following:

1. Keep a record of the accusations it receives that a guest has committed an act of violence, including sexual assault, sexual harassment, or other inappropriate conduct toward a hotel employee, and maintain the name of the guest so accused on the list for a period of five years from the date of the incident;

2. Report any incident involving alleged criminal conduct by a guest or other person to the appropriate law enforcement agency, so that the law enforcement agency may make a determination as to whether to pursue criminal charges and cooperate with any investigation undertaken by the law enforcement agency;

3. Notify hotel employees who are assigned to housekeeping or room service duties of the room in which an alleged incident occurred of the presence and location of any guest named on the list pursuant to (a)1 above;

4. Provide hotel employees, other than the hotel employee who activated the panic device, the option of either servicing the guest room of a guest on the list with a partner hotel employee or opting out of servicing the room for the duration of the guest's stay at the hotel;

5. Ensure that the hotel employee who activated the panic device is immediately reassigned to a different work area away from the guest room of the guest for the duration of the guest's stay at the hotel;

6. Develop and maintain a program, which may include written information, to educate hotel employees regarding the use of panic devices and the rights of hotel employees in the event that they activate their devices, and to encourage hotel employees to activate panic devices, when appropriate; and

7. Advise hotel guests using one or both of the following methods that the hotel provides panic devices to hotel employees:

i. Require hotel guests to acknowledge the policy as part of the hotel terms and conditions upon checking in to the hotel; or

ii. Place signs on the interior of guest room doors in a prominent location and in large font, detailing the panic device policy and the rights of hotel employees.

(b) If an accused guest is convicted of a crime in connection with an incident brought to the attention of the hotel employer by the pressing of a panic device or is otherwise reported by a hotel employee, the hotel may decline to provide occupancy to the guest.

(c) Following an incident where a hotel employee uses their panic device, employers are encouraged to refer employee(s) to the Department of Labor and Workforce Development website, http://www.nj.gov/labor/worker-protections/myworkrights/domesticviolence.shtml#resources, to access victim support services.

N.J. Admin. Code § 12:101-3.2

Adopted by 55 N.J.R. 2012(a), effective 9/18/2023