N.J. Admin. Code § 8:59-4.4

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:59-4.4 - Trade secret claims

(a) If a public employer makes a trade secret claim for a substance on the Right to Know Survey pursuant to 8:59-3, the Department shall transmit to the public employer a hazardous substance fact sheet for the substance with the employer's trade secret registry number for the substance listed in place of the name of the substance and the CAS number, unless the public employer notifies the Department that it desires to prepare its own hazardous substance fact sheet in accordance with (b) below.

(b) A public employer may prepare a hazardous substance fact sheet for any substance for which a trade secret claim has been made in order to maintain the confidentiality of the trade secret.

1. The hazardous substance fact sheet prepared by a public employer shall contain the information set forth in 8:59-4.2(a)2 to 8. The information required in 8:59-4.2(a)3 may be expressed in descriptive terminology. The interpretation of data for a fact sheet prepared by a public employer shall follow the intent of and information contained in the corresponding fact sheet prepared by the Department, including information supplied in addition to that required by 8:59-4.2(a).

2. A public employer shall attach a standardized explanatory sheet prepared by the Department to every hazardous substance fact sheet prepared by the public employer.

3. A hazardous substance fact sheet prepared by a public employer shall be available for employee use in the same manner as a fact sheet prepared by the Department, and a copy shall be submitted to the Department within 30 days of receiving the Department's hazardous substance fact sheet. A hazardous substance fact sheet prepared by a public employer need only be distributed to employees on request and to the Department for review. In the case of trade secret claims made after return of the Right to Know Survey, a copy of the hazardous substance fact sheet pertaining to the claim shall be submitted to the Department within one month of submission of the trade secret claim.

4. The public employer shall list its trade secret registry number for the substance on the hazardous substance fact sheet.

5. A public employer shall prepare a Spanish translation of the hazardous substance fact sheet and submit a copy to the Department within 30 days of approval of its hazardous substance fact sheet.

(c) The Department shall review hazardous substance fact sheets prepared by public employers for compliance with 8:59-4.4(b). During the review by the Department, the public employer's hazardous substance fact sheets shall be made available for employee use in the same manner as a fact sheet prepared by the Department. After review and discussion, the Department shall require, if necessary, modifications to the fact sheets or substitution of the Department's fact sheet for the fact sheet developed by the public employer within 30 days of the Department's review.

N.J. Admin. Code § 8:59-4.4

Amended by 50 N.J.R. 1036(a), effective 3/19/2018