Comparison: State vs. Federal
New Jersey does not have a federally approved occupational safety and health program for private sector (private businesses and nonprofit organizations) workplaces. Consequently, the federal Occupational Safety and Health Act (OSH Act) governs hazard communication requirements in the private sector. For information on the federal requirements, see the national analyses Hazard Communication, SDS, OSHA, and Training.
The state has a federally approved occupational safety and health regulatory program for public sector (state and local government) workplaces. New Jersey has adopted the federal hazard communication standard and added some provisions that are stricter than federal requirements. New Jersey has adopted a container labeling provision applicable to both private and public sector workplaces that is stricter than federal rules, and several other stricter provisions that apply only to public sector workplaces. The state’s requirements for safety data sheets (SDSs) in public sector workplaces are stricter than the federal requirements for private sector workplaces.
The federal Occupational Safety and Health Administration (OSHA) administers and enforces workplace safety and health rules in the private sector. The Department of Labor and Workforce Development (LWD) administers and enforces New Jersey’s occupational safety requirements in public sector workplaces. The New Jersey Department of Health (NJDOH) administers and enforces occupational health requirements and all worker right-to-know requirements in public sector workplaces.