N.J. Admin. Code § 12:110-4.3

Current through Register Vol. 56, No. 19, October 7, 2024

Section 12:110-4.3 - Advance notice of inspection

(a) Advance notice of inspections shall not be given except in the following situations:

1. In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;

2. In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection; and

3. In other circumstances where the Commissioner, the Commissioner of Health, or their designees, determine that the giving of advance notice would enhance the probability of an effective and thorough inspection.

(b) When advance notice is given and where the identity of the employee representative is known, the Compliance Officer shall immediately inform the employee representative of the inspection.

(c) Any person who gives advance notice of any inspection to be conducted pursuant to the Act, without authority from the Commissioner, the Commissioner of Health, or their designees, shall, upon conviction, be punished by a fine of not more than $ 1,000 or by imprisonment for not more than six months, or by both.

N.J. Admin. Code § 12:110-4.3

Recodified from N.J.A.C. 12:110-4.4 and amended by R.1998 d.33, effective 1/5/1998.
See: 29 New Jersey Register 4440(a), 30 New Jersey Register 80(a).
Rewrote (c). Former N.J.A.C. 12:110-4.3 was recodified to N.J.A.C. 12:110-4.2.

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