• Rules. The federal OSH Act governs workplace safety and health in private sector (private businesses and nonprofit organizations) workplaces. New Jersey has a federally approved occupational safety and regulatory program for public sector (government offices and operations) employers only.
• Administration and enforcement. The civil penalties for violations of the PEOSH Act are same as federal civil penalties; the state has not adopted penalties for criminal violations under the PEOSH Act. The state has adopted its own penalties for violations of the WCRKA. OSHA administers and enforces occupational safety and health requirements in the private sector workplace. LWD administers and enforces occupational safety requirements in public sector workplaces, and DHSS administers and enforces workplace chemical right-to-know rules. The Division of State Police implements and enforces regulations concerning the transportation of hazardous materials on highways in New Jersey.
TABLE 1: VIOLATIONS OF SAFETY LAWS
TABLE 2: VIOLATIONS OF HAZARDOUS MATERIALS TRANSPORTATION LAWS
TABLE 1: VIOLATIONS OF SAFETY LAWSProhibited Act | Penalties |
OSHA public sector: Any violation of the WCRKA | Administrative:NJSA 34:5A-31(d):Up to $2,500 per violation, and up to $1,000 per day of the violation |
Prohibited Act | Penalty |
Hazardous materials transportation: Violation of the rules governing the transportation of hazardous materials | Civil:NJSA 39:5B-29(a):Up to $5,000 for the first violation, up to $10,000 for the second violation, and up to $25,000 for the third and subsequent violations |
Hazardous and solid waste: Submitting inaccurate information ... |
State Requirements
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Type | Title |
---|---|
Checklists | Checklist: Do you have what it takes to argue your affirmative defense? |
Forms | Notice of Alleged Health or Safety Hazards |
Posters | Whistleblowers Are Protected (Cal/OSHA, PDF) |
White Papers | Your guide to COVID-19 enforcement |