N.J. Admin. Code § 12:110-6.6

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

Section 12:110-6.6 - Permanent variance

(a) Pursuant to 34:6A-39, any employer or group of employers, may request a permanent variance and may file a written application containing the information specified in (b) below with the:

Commissioner of Labor and Workforce Development

New Jersey Department of Labor and Workforce Development

PO Box 110

Trenton, New Jersey 08625-0110

(b) An application filed requesting a permanent variance pursuant to (a) above shall include:

1. The name and address of the applicant;

2. The address of the place or places of employment involved;

3. A specification of the standard or portion thereof from which the employer seeks a variance.

4. A description of the conditions, practices, means, methods, operations, or processes used or proposed to be used by the applicant;

5. A statement showing how the conditions, practices, means, methods, operations, or processes used or proposed to be used would provide workplaces which are as safe and healthful as those which would prevail if the standard, from which the variance is being sought, were to be complied with;

6. A certification that the applicant has informed his employees of the application by:

i. Giving a copy of the explanation to their employee representative where one exists;

ii. Posting a statement at the place where notices to employees are normally posted, giving a summary of the application and specifying where a copy may be examined. This notice shall also inform employees of their right to appear and be heard at a hearing on the variance application.

(c) In applications relating to health standards, the Commissioner shall consult with the Commissioner of Health before rendering a decision.

(d) A copy of the order shall be served upon the applicant for the order and other parties, and the terms of the order shall be published on the New Jersey Department of Labor and Workforce Development website at lwd.state.nj.us/labor/index.shtml and in a newspaper situated in the geographical area where the variance was requested. It shall be a condition of the order that the affected employer shall give notice thereof to affected employees by the same means to be used to inform them of an application for a variance.

N.J. Admin. Code § 12:110-6.6

Amended by R.1998 d.33, effective 1/5/1998.
See: 29 N.J.R. 4440(a), 30 N.J.R. 80(a).
Amended by R.2003 d.189, effective 5/5/2003.
See: 35 N.J.R. 335(a), 35 N.J.R. 1920(a).
Rewrote the section.
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 address in (a), inserted "and Workforce Development" twice; and in (d), inserted "and Workforce Development" and updated the website address.

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