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PO Box 360
Trenton, NJ 08625-0360

For Release:
August 06, 2007

Fred M. Jacobs, M.D., J.D.

For Further Information Contact:
Thomas Slater
(609) 984-7160

Department of Health and Senior Services Proposes to Amend N.J.A.C. 8:59, the Worker and Community Right to Know Act Rules


         The Right to Know Program in the Division of Epidemiology, Environmental and Occupational Health of the Public Health Services Branch of the Department of Health and Senior Services proposes to amend the Worker and Community Right to Know Act Rules. The notice of proposal appears in the August 6, 2007, issue of the New Jersey Register

       The proposal would update the Right to Know Hazardous Substance List (RTKHSL) and the Special Health Hazard Substance List (SHHSL), update the sources used to determine these lists, and add four North American Industry Classification System (NAICS) employer codes to the definition of employer.

       The RTKHSL and the SHHSL identify the hazardous substances that pose a threat to the health and safety of public employees, emergency responders and community residents.  The proposal would add and delete substances from the RTKHSL and the SHHSL because new information has come to the attention of the Department from the reference sources listed in N.J.A.C. 8:59-9.3 which indicates that these substances either meet or no longer meet the criteria for designation as a hazardous substance or special health hazard substance. The proposal would amend N.J.A.C. 8:59-9.3 to update the sources that are used by the Department to determine which substances are hazardous and should be placed on the RTKHSL or the SHHSL.  These lists are used by public and private employers that are required to label the containers at their facilities that contain hazardous substances.

       The proposal would also add four North American Industry Classification System (NAICS) employer codes to the definition of employer which were omitted when Chapter 59 was readopted in 2005.  These codes are: 488510 (freight transportation arrangement); 488991 (packing and crating); 488999 (all other support activities for transportation, limited to pipeline terminals and stockyards for transportation; and 517211 (paging).

       The public has until October 5, 2007 to comment on the proposal.  Persons wishing to comment on the proposal must submit their comments in writing to Gary E. Ludwig, Director, Occupational Health Service, NJ Department of Health and Senior Services, PO Box 360, Trenton, NJ 08625-0360.  Written comments must be postmarked on or before October 5, 2007, which is the close of the 60-day public comment period.

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