N.J. Admin. Code § 12:110-4.10

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

Section 12:110-4.10 - Order to comply

(a) If the Commissioner determines that an employer has violated a provision of the Act or a safety or health standard or any rules promulgated pursuant to the Act, he or she shall, within 30 days of the completion of inspection processes conducted by the Department of Labor and Workforce Development or receipt of a certification of a violation from the Department of Health, issue to the employer a written Order to Comply, which shall describe:

1. The nature of each violation, including a reference to the provision of the section, standard, regulation or order alleged to have been violated; and

2. An abatement date for each violation.

(b) If the Commissioner of Health determines that an employer has violated a provision of the Act or a health standard, he or she shall, within 30 days of the completion of inspection processes conducted by the Department of Health, certify to the Commissioner that a violation exists within his or her jurisdiction and the nature of the violation, the provision of the section, standard, regulation, or order alleged to have been violated and an abatement time frame in order for the Commissioner to issue an Order to Comply.

(c) When the Commissioner issues to an employer an Order to Comply, the employer shall post such Order to Comply or a copy thereof at or near each location of the violation cited in the Order to Comply, or, if it is not practicable because of the nature of the employer's operations, where it will be clearly visible to affected employees. The Order to Comply shall remain posted until each violation cited is abated or for 15 working days, whichever is longer. The Commissioner shall make such Order to Comply available to employee representatives and affected employees and shall make the Order to Comply available to the public upon written request.

N.J. Admin. Code § 12:110-4.10

Recodified from N.J.A.C. 12:110-4.11(a) through (c) and amended by R.1998 d.33, effective 1/5/1998.
See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a).
Former N.J.A.C. 12:110-4.10 was recodified to N.J.A.C. 12:110-4.9.
Amended by R.2008 d.302, effective 10/6/2008.
See: 40 N.J.R. 2409(a), 40 N.J.R. 5816(a).
In the introductory paragraph of (a), inserted "and Workforce Development" and inserted a comma following "Comply".

Amended by 55 N.J.R. 309(a), effective 2/21/2023