Editor's Note: Industrial Hygiene, Sections 14:5-11 through 14:5-24 of 1966 R.O. has been discontinued in the Code. Refer to the OSHA regulations in State Statutes. For statutory requirement concerning occupational diseases and hygiene, see N.J.S. 34:6-48 et seq.
[R.O. 1966 § 14:5-1]
a. 
In each instance in which any definition contained in this section is so worded as to import within its meaning a regulatory standard of industrial hygiene, such standard shall be deemed to be required as a part of the regulations imposed by this chapter.
b. 
As used in this chapter, unless otherwise provided or unless otherwise shown by the context:
CONTAMINANT
Shall mean an undesirable substance or material in the form of poisonous or deleterious materials, dusts, vapors, gases, fumes or mists that are dispersed in the atmosphere in amounts in excess of the amount normally present in the atmosphere.
DUST
Shall mean solid particles generated by handling, crushing, grinding, rapid impulse, detonation and decrepitation of organic or inorganic material.
ENVIRONMENTAL CONDITIONS
Shall mean the aggregate of conditions and influences existing within the confines of a place of employment and in which a person is required to work.
EXHAUST SYSTEM
See "Ventilation exhaust system."
FAN
See "Ventilation fan."
FUMES
Shall mean solid particles generated by condensation from the gaseous state.
GAS
Shall mean normally formless fluids which occupy the space of enclosure and which can be changed to the liquid or solid state only by the combined effect of increases in pressure and decreased temperature.
GENERAL VENTILATION
See "Ventilation, General."
GOOD INDUSTRIAL HYGIENE ENGINEERING PRACTICES
Shall mean the most economical and practical engineering methods which are known to prevent the existence of a health hazard.
GRAVITY SYSTEM OF VENTILATION
See "Ventilation, gravity system."
HARMFUL CONCENTRATION
Shall mean the existence of contaminants in working areas or occupied area in excess of the maximum allowable concentration specified under O.S.H.A. standards.
HARMFUL CONDITIONS
Shall mean those conditions which make or tend to make or produce a health hazard and include the following:
Excessive heat, cold or moisture
Radiant energy
Eye and ear strain
Unclean and unsanitary conditions
Confined positions (nerve and muscle strain and fatigue; the "occupational neuroses")
HARMFUL SUBSTANCES
Shall mean those substances which make or tend to make or produce a health hazard include the following:
Dust
Gases, vapors, fumes, mists
Solids and liquids
Infective materials
HEALTH HAZARD
Shall mean an exposure to any contaminant or condition encountered in the environment or occupied area as a result of an industrial operation sufficient to injure any part of the body or reduce in efficiency the normal function of the body.
HEALTHFUL AND COMFORTABLE ENVIRONMENT
Shall mean working area under conditions of effective temperature at which neither disease nor injury to health will result and as near the comfort level as good industrial engineering practices will permit. This does not apply to environments where abnormal temperature or humidities are encountered through the inherent nature of the industrial process and where individual protection is supplied through clothing, supplied air or other means.
HOOD
See "Ventilation or exhaust hood."
INFECTIOUS AGENT
Shall mean pathogenic micro-organisms capable of producing disease by entrance into the body.
LOCAL EXHAUST VENTILATION
See "Ventilation, local exhaust."
MAXIMUM ALLOWABLE CONCENTRATIONS
Shall mean the maximum allowable concentrations allowed to exist in an environment to which persons may be exposed for an eight-hour period.
MECHANICAL VENTILATION
See "Ventilation, mechanical."
MIST
Shall mean suspended liquid droplets generated by condensation from the gaseous to the liquid state or by breaking up a liquid into a dispersed state.
NATURAL VENTILATION
See "Ventilation, natural."
OCCUPATIONAL DISEASE
Shall mean any pathological condition or affection resulting from exposure to a harmful substance or condition in industry.
OCCUPIED AREA
Shall mean any place or area in which any person is, shall be or may be required to inhabit, abide or sojourn.
PLACES OF EMPLOYMENT
Shall mean any place or area in which an employer engages or uses the services of one or more persons.
PROTECTIVE EQUIPMENT
Shall mean a device, a permanent installation, clothing and other means for the adequate protection of the worker against health hazards herein defined.
REFUSE RECEPTACLE
See "Ventilation exhaust system refuse receptacle."
SANITARY CONDITION
Shall mean the physical condition of work environments such as will tend to prevent the incidence and spread of disease.
SEPARATOR
See "Ventilation exhaust system separator."
SERVICE INDUSTRY
Shall mean any industry or place of employment which utilizes useful labor but does not produce a tangible commodity.
VAPOR
Shall mean the gaseous form of substances which are normally in a solid or liquid state and which can be changed to these states either by increasing the pressure or decreasing the temperature alone.
VENTILATION EXHAUST SYSTEM
Shall mean a complete device, including all hoods, ducts, fans, separators and receptacles when required, any other part necessary for the receptacles when required, and any other part necessary for the proper installation and operation thereof.
VENTILATION EXHAUST SYSTEM REFUSE RECEPTACLE
Shall mean that part of the exhaust system into which dust or other material separated from the air is deposited.
VENTILATION EXHAUST SYSTEM SEPARATOR
Shall mean that part of an exhaust system in which the contaminant or entrained material is separated from the air which conveys it.
VENTILATION FAN
Shall mean the machine which creates the movement of air in a mechanical system ventilation.
VENTILATION GRAVITY SYSTEM
Shall mean ventilation depending wholly upon relative air density.
VENTILATION OR EXHAUST DUCT
Shall mean any pipe, flume or channel, forming a part of an exhaust or ventilation system, used to convey air, dusts, fumes, mists, vapors or gases.
VENTILATION OR EXHAUST HOOD
Shall mean that part of a ventilation or exhaust system into which the contaminated air, dust, fume, mist, vapor or gas first enters.
VENTILATION SYSTEM
Shall mean a complete device, including all hoods, ducts, fans, separators, and receptacles when required, and any other part necessary for the proper installation and operation thereof.
VENTILATION, GENERAL
Shall mean ventilation in which air is supplied to or removed from any area.
VENTILATION, LOCAL EXHAUST
Shall mean ventilation in which dusts, fumes, vapors, gases and mist are removed from the atmosphere near the sources of their generation.
VENTILATION, MECHANICAL
Shall mean ventilation which depends upon the operation of power-driven equipment to remove air from or deliver air to the desired location or area.
VENTILATION, NATURAL
Shall mean ventilation which depends upon natural air currents to provide air movement in the environment or occupied area.
WORKING AREA
Shall mean the area or space in which an employer or employees are required to work.
[R.O. 1966 § 14:5-2]
The purpose of this chapter is to preserve and improve the public health by advancing the health of adult persons; to prevent diseases arising out of and in the course of industrial operations; to prescribe minimum requirements for the prevention and control of occupational diseases; and to prohibit nuisances due to industrial operations which are hazardous to public health.
[R.O. 1966 § 14:5-3]
The provisions of this chapter shall apply to all mines, factories, construction projects, service industries and other places of employment. The provisions of this chapter are limited to the prevention and control of occupational diseases, diseases of the general public resulting from industrial operations and diseases of adult persons.
[R.O. 1966 § 14:5-4]
a. 
In any case where strict compliance with all the applicable provisions of this chapter would involve undue hardship, the director may, upon application in writing, permit modification of the requirements when protection practically equivalent to that required by this chapter has been provided.
b. 
The application for the modification of any of the regulations of this chapter in any particular case shall be in writing and shall contain a full statement of the existing conditions and the reasons for requesting such modification. Any modification granted under the provisions of this section shall be limited to the particular case covered by the application for such modifications.
[R.O. 1966 § 14:5-5]
a. 
Every employer shall comply with the various sections of this chapter pertaining to industrial health hazards and adult and industrial health and shall maintain a healthful place of employment.
b. 
Every employer shall determine the health hazards in his/her place of employment by means of a survey of his/her establishment.
c. 
Every employer shall instruct his/her employees regarding the hazards to which they are exposed and the methods which have been taken for the prevention and control of such hazards. In all occupied areas or workplaces where special hazards to health exist, the employer shall post a notice of such hazards in a prominent position in the working area, notifying the workers of the hazard and the means of safeguarding against it.
[R.O. 1966 § 14:5-6]
a. 
Every employee shall use the protective equipment provided by the employer for the prevention and control of occupational diseases and industrial health hazards.
b. 
Employees shall not abuse or mishandle in any manner equipment provided by the employer for the workers' protection against health hazards.
c. 
Every employee shall comply with all healthful practices agreed upon between the employer and the employee organization.
[R.O. 1966 § 14:5-7]
Every employer shall notify the Division of Environmental Health within 10 days of the establishment of a new enterprise, process, or change in process, and whenever practicable shall furnish the Division of Environmental Health with plans and specifications of such new or changed processes.
[R.O. 1966 § 14:5-8]
Every employer shall report in writing every occupational disease or injury occurring or acquired in the place of employment under his/her control to the Division of Environmental Health. Every physician, nurse or other person or employee, having knowledge of an existing occupational disease, shall make known by reporting in writing, to the Division of Environmental Health, the existence of such occupational disease, its nature, the name and identification of the person suffering from the occupational disease and the name and location of the place of employment. Every employer, physician, nurse, other person or employee shall report in writing all occupational diseases or injuries of which they have knowledge to the Division of Environmental Health within 48 hours after acquiring such knowledge of the existence of an occupational disease. The report shall include the name of the victim, age, sex, place of employment, nature of work and the type of occupational disease, illness or injury.
[1]
Editor's Note: For statutory requirement that a physician shall report similar details to State departments, see N.J.S 34:6-54.
[R.O. 1966 § 14:5-9; Ord. 6PSF-E, 8-6-2014]
The Health Officer or his/her agents shall make the inspections, examinations and surveys required by any law of the State, or by any Code, ordinance or regulation. In making such inspections, examinations or surveys, the Health Officer or his/her agent shall exhibit his or her badge accompanied by a certificate of authority under the seal of the Department of Health and Community Wellness. All persons are hereby forbidden to interfere with or obstruct such inspection, examination or survey.
[R.O. 1966 § 14:5-10]
Any person violating the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1:1-9 of these Revised General Ordinances.
[R.O. 1966 § 14:5-25; Ord. 6 S+FH, 8-3-1994 § 1;6 S+FE 4-2-1997]
N.J.A.C. 5:23-1 et seq. of the Uniform Construction Code shall apply and control the minimum requirement for toilet and washing facilities in places of employment. Each factory, workshop, office, retail store, restaurant, service station (public garage), or other place of employment shall be provided with a water closet (toilet), urinal and washing facilities for use by its employees as follows:
a. 
There shall be not less than one water closet and one urinal for each 20 males, or less; provided however, that where less than five males are employed, urinals may be omitted.
b. 
There shall be not less than one water closet for each 15 females, or less. Water closet facilities shall include approved toilet tissue. In factories and workshops, the washing facilities shall be provided on a basis of one faucet, with running hot and cold water for each five persons, or less, employed, so arranged that no more than one person may wash in the same water. These washing facilities may be provided by individual lavatories or wash sinks, placed so as to be convenient to the toilet rooms. Washing facilities shall include soap and single service towels.
c. 
In offices, retail stores, restaurants, service stations (public garages) and other places of employment, not less than one lavatory shall be provided for each water closet installed.
d. 
The provisions of N.J.A.C. 5:23-1 et seq. of the Uniform Construction Code shall apply to and shall control all places regulated by this Article in connection with the use of temporary water closet accommodations.
e. 
Penalty. Any restaurant owner failing to make the necessary repairs to public toilets and washing facilities within three days after the notice or order has been issued by the City Health Officer or his/her designee, shall receive a $100 a day fine until repairs have been properly abated.