N.J. Admin. Code § 12:110-4.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:110-4.7 - Complaints by employees

(a) Any employee or employee representative who believes that a violation of the Act exists in the establishment or field site where such employee is employed may request an inspection by giving notice of the alleged violation to the Commissioner, the Commissioner of Health, or their designees.

1. Any such notice shall be in writing and set forth with reasonable particularity the grounds for the notice, and shall be signed by the employee or an employee representative. However, notice of imminent danger or serious hazard circumstances made by telephone shall be acted upon when warranted.

2. A copy of the notice shall be provided to the employer, or his or her agent, by the Commissioner, Commissioner of Health, or their designees, no later than at the time of the inspection, except that, upon the request of the person giving such notice, his or her name and the names of individual employees referred to therein, shall not appear in such copy or on any record published, released, or made available by the New Jersey Department of Labor and Workforce Development or the Department of Health.

(b) The name of the person giving the notice as described at (a) above shall not appear in the record published, released, or made available by the New Jersey Department of Labor and Workforce Development or the Department of Health, unless specifically requested by such person, in writing.

(c) If, upon receipt of the notice at (a) above, the Commissioner, the Commissioner of Health, or their designees, determines that the complaint meets the requirements set forth at (a) above, and that there are reasonable grounds to believe that the alleged violation exists, an inspection shall be made as soon as practicable, to determine if such alleged violations exist.

1. Inspections under this section shall not be limited to matters referred to in the complaint.

2. Such on-site inspection, shall be initiated within 24 hours for fatality or imminent danger situations, within three working days for potentially serious hazards, and within 10 working days for other than serious or regulatory situations.

N.J. Admin. Code § 12:110-4.7

Recodified from N.J.A.C. 12:110-4.8 and amended by R.1998 d.33, effective 1/5/1998.
See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a).
Deleted (d).
Amended by R.2008 d.302, effective 10/6/2008.
See: 40 N.J.R. 2409(a), 40 N.J.R. 5816(a).
In (a)2 and (b), inserted "and Workforce Development"; and in (a)2, inserted "to" and the first occurrence of "or her".

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