New Jersey § 34:5a-13

§ 34:5a-13.

a. Every employer shall have until October 30, 1985 to establish an education and

training program for his employees, which shall be designed to inform employees in

writing and orally of the nature of the hazardous substances to which they are exposed

in the course of their employment and the potential health risks which the hazardous

substances pose, and to train them in the proper and safe procedures for handling

the hazardous substances under all circumstances. An employer shall provide his employees with the program not later than December

31, 1985, and every two years thereafter. Any person who becomes an employee after the conclusion of the initial program shall

be provided with the program within the first month of employment. Prior to entering an employment agreement with a prospective employee an employer

shall notify a prospective employee of the availability of workplace surveys and appropriate

hazardous substance fact sheets for the facility at which the prospective employee

will be employed; except that this notification requirement shall not be applicable

to employers before December 31, 1985. b. Any employer who has established an employee education and training program for

hazardous substances prior to the effective date of this act may request the Department

of Health to certify that education and training program, which certification shall

constitute compliance with subsection a. of this section. c. Every employer shall establish an education and training program for his employees

who work in a research and development laboratory, which shall be designed to inform

employees in writing and orally of the nature of the hazardous substances to which

they are exposed in the course of their employment and the potential health risks

which the hazardous substances pose, and to train them in the proper and safe procedures

for handling the hazardous substances under all circumstances. An employer shall provide his employees with the program not later than December

31, 1985, and every two years thereafter. Any person who becomes an employee after the conclusion of the initial program shall

be provided with the program within the first month of employment. d. The Department of Health shall establish a program for the certification of education

and training programs provided to employers, for remuneration, for purposes of compliance

with P.L.1983, c. 315 . The certification shall be valid for at least 12 months, shall provide for provisional

and permanent certification, and shall be renewable. e. The Department of Health shall establish a program for the certification of persons

who are paid pursuant to the terms of a contract by employers to conduct education

and training programs for purposes of compliance with P.L.1983, c. 315 . The certification shall be valid for at least 12 months, shall provide for provisional

and permanent certification, and shall be renewable. f. A person paid pursuant to the terms of a contract by an employer to conduct or

provide an education and training program for purposes of compliance with P.L.1983, c. 315 shall be required to be certified pursuant to subsection d. or e. of this section,

as appropriate, prior to conducting or providing the program. g. The fee for certification for a 12-month period and the fee for a renewal of a

certification each shall not exceed $500.00. The fee for the certification and renewal shall be established pursuant to rules

and regulations adopted by the Department of Health. All revenues from fees for the issuance or renewal of certifications shall be credited

to the “Worker and Community Right to Know Fund” created pursuant to section 26 of P.L.1983, c. 315 . 1 Applications for certification shall be made to the Commissioner of Health in the

manner and on a form as the commissioner shall prescribe by rule or regulation. h. The Department of Health shall adopt, pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations to implement the provisions of this section. i. Any person required to be certified by the Department of Health pursuant to this

section who violates the provisions of subsection f. of this section, or any rule

or regulation adopted pursuant thereto, shall be guilty of a disorderly persons offense. j. The Commissioner of Health, upon making a finding that a person granted certification

has violated any provision of this section or any rules or regulations adopted pursuant

thereto, may revoke, suspend, or modify any certification issued pursuant to subsection

d. or e. of this section. A person whose certification is to be revoked, suspended, or modified pursuant to

this subsection shall be entitled to a hearing, pursuant to the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), to contest that action. 1

N.J.S.A. § 34:5A-26.