N.J. Admin. Code § 8:43E-11.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:43E-11.12 - Recordkeeping

(a) A covered facility shall keep a record of all violent acts that occur in the facility to help select the appropriate controls to prevent the recurrence of workplace violence and to determine required training.

(b) A covered facility shall maintain, for at least five years after the reported act, all incident investigation reports required by 8:43E-11.11(a) and any record of a violent act contained in any of the following documents:

1. NJOSH 300, copies of which can be found at http://lwd.dol.state.nj.us/labor/forms_pdfs/Isse/NJOSH300.pdf;

2. The OSHA Log of Work-Related Injuries and Illnesses (OSHA Form 300, which can be found at http://osha.gov/recordkeeping/RKforms.html) required by 29 CFR Part 1904;

3. Staff termination records;

4. Union grievances and complaints;

5. Workers' compensation records;

6. Insurance records;

7. Medical records;

8. Police reports;

9. Accident investigation reports;

10. Minutes of safety meetings;

11. Training records; and

12. Employee questionnaires.

(c) A covered facility shall provide the Department of Health and Senior Services with immediate access to the records required to be maintained by this section and to any de-identified and/or aggregated data.

1. An employee and/or his or her authorized representatives shall have access to the employee's identifiable records and to de-identified and/or aggregated data within two business days.

(d) In accordance with N.J.S.A. 26:2H-5.2 0, the records created and maintained pursuant to this section shall not be considered public or government records under P.L. 1963, c. 73 (47:1A-1 et seq.) or P.L. 2001, c. 404 (47:1A-5 et seq.).

N.J. Admin. Code § 8:43E-11.12