N.J. Admin. Code § 7:30-12.1

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

Section 7:30-12.1 - General duties, prohibited actions

(a) The agricultural employer or the handler employer, as appropriate, shall:

1. Assure that each worker or handler subject to this subchapter receives the protection required by this subchapter;

2. Assure that any pesticide handled for use on an agricultural establishment is used in a manner consistent with the labeling of the pesticide, and the requirements of this subchapter;

3. Provide to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protection required by this subchapter. Such information and directions shall specify which persons are responsible for actions required to comply with this subchapter;

4. Provide to each person, including any labor contractor, who supervises any worker or handler sufficient information and direction to ensure that the worker or handler can comply with the provisions of this subchapter and receives the protection required by this subchapter. The information shall include the tasks for which the supervisor is responsible under this subchapter.

5. Require each person, including any labor contractor, who supervises any worker or handler to provide sufficient information and direction to each worker and handler to ensure that the worker or handler can comply with the provisions of this subchapter;

6. When the pesticide labeling provides directions for use or other requirements that are inconsistent with the Worker Protection Standard, 40 CFR Part 170, incorporated herein by reference, as supplemented or amended, or this subchapter, the use shall comply with the pesticide labeling, except as provided at N.J.A.C. 7:30-12.2(c), 12.4(b), (c), and (d), and 12.20(d); and

7. Ensure that any handler and any early entry worker is at least 18 years old.

(b) A person is liable for violations of this subchapter if another person employed by or acting for that person violates any provision of this subchapter. The term ''acting for'' includes both employment and contractual relationships, including, but not limited to, a relationship with a labor contractor.

(c) No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this subchapter applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for:

1. Complying with, or attempting to comply with, this subchapter;

2. Providing, causing to be provided, or being about to provide information to the employer, the EPA, or any duly authorized representative of the Federal, state, or Tribal government regarding conduct that the worker or handler reasonably believes violates this subchapter;

3. Making a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing concerning compliance with this subchapter; or

4. Objecting to, or refusing to participate in, any activity, policy, practice, or assigned task that the worker or handler reasonably believed to be in violation of this subchapter.

(d) If any requirement of the Worker Protection Standard, 40 CFR Part 170, is more stringent than the requirements of this subchapter, the more stringent requirement at 40 CFR Part 170 shall prevail.

N.J. Admin. Code § 7:30-12.1

Amended by 52 N.J.R. 756(a), effective 4/6/2020