Occupational Disease Reporting Requirements

New Jersey Administrative Code
Title 8. NJ Department of Health
Chapter 58. Reportable Occupational and Environmental Diseases,
Injuries, and Poisonings
Effective Date: September 2, 2016
Expiration date: September 2, 2023

SUBCHAPTER 1. Occupational and Environmental Diseases, Injuries, and Poisonings

8:58-1.1 Purpose and scope
8:58-1.2 (Reserved)
8:58-1.3 Definitions
8:58-1.4 Hospital reporting of occupational and environmental diseases, injuries, and poisonings
8:58-1.5 Health care provider reporting of occupational and environmental diseases, injuries, and poisonings
8:58-1.6 Additional Information to be provided
8:58-1.7 Confidentiality
8:58-1.8 Penalties
Appendix

8:58-1.1 Purpose and scope

(a) The purpose of this chapter is to establish standards by which hospitals and health care providers are to report occupational and environmental diseases, injuries, and poisonings to the Department pursuant to N.J.S.A. 26:1A-7.

(b) This chapter applies to hospitals and health care providers.

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8:58-1.2 (Reserved)
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8:58-1.3 Definitions

The following words and terms, as used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

"Administrator" means the chief administrator or other person having control or supervision over a hospital.

"Commissioner" means the Commissioner of the Department.

"Condition category" means the name by which the Appendix to the eWoRLD entitled "International Classification of Diseases (ICD) Codes," available at http://wwwn.cdc.gov/eworld/Appendix/ICDCodes, identifies a group of diseases that share a common ICD-10-CM code.

"Confirmed, work-related" means, as used to describe asthma, a diagnosis of asthma and a patient-reported work-related temporal pattern.

"Department" means the New Jersey Department of Health.

"Discharge summary" means a discharge summary pursuant to N.J.S.A. 26:8-5 and 26:2H-12.9b through 26:2H-12.9d, known as Leonard Cohen's law, and N.J.A.C. 8:43G-15.2.

"eWoRLD" means the NIOSH 2016 Work-Related Lung Disease Surveillance System, which is incorporated herein by reference, as amended and supplemented, of the United States Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institute for Occupational Safety and Health, Respiratory Health Division, Surveillance Branch, available at http://wwwn.cdc.gov/eworld.

"Health care provider" means a person whom the State of New Jersey licenses pursuant to Title 45 of the New Jersey Revised Statutes, and acting within the respective licensed scope of practice, as a physician, a physician assistant, or an advanced practice nurse.

"Hospital" means a general and/or special hospital that the Department licenses pursuant to N.J.S.A. 26:2H-1 et seq.

"Hospital discharge data" means a set of computerized records that hospitals create at the time of patient discharge that contains information that hospitals retrieve from patients' medical charts in accordance with N.J.S.A. 26:2H-1 et seq., and N.J.A.C. 8:31B.

"ICD-10-CM" means the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Clinical Modification (Fiscal Year 2017 release), incorporated here by reference, as amended and supplemented, issued by the Centers for Medicare and Medicaid Services and the National Center for Health Statistics of the United States Department of Health and Human Services, available at http://www.cdc.gov/nchs/icd/icd10cm.htm.

"Minor" means a person who has not attained majority status pursuant to N.J.S.A. 9:17B-1 et seq., that is, is under the age of 18.

"Occupational and Environmental Disease, Injury, or Poisoning Report by Health Care Provider" means form OCC-31, which appears at the chapter Appendix with instructions for completion, both of which are incorporated herein by reference.

  1. The form OCC-31 and instructions for completion are available on request to the Occupational Health Surveillance Unit and from the Department's forms web page at www.nj.gov/health/forms.

"Occupational Health Surveillance Unit" means a unit within the Department for which the contact information is Occupational Health Surveillance Unit, Environmental and Occupational Health Surveillance Program, Consumer, Environmental and Occupational Health Service, Division of Epidemiology, Environmental and Occupational Health, New Jersey Department of Health, PO Box 369, Trenton, NJ 08625-0369.

"Other occupational disease" means a disease that results from work or occupational activity and that a health care provider believes to be a threat to worker health.

"Suspected, work-related" means, as used to describe asthma, the presentation of symptoms and a patient-reported work-related temporal pattern.

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8:58-1.4 Hospital reporting of occupational and environmental diseases, injuries, and poisonings
  1. The administrator of a hospital in which a person receives a diagnosis of a disease, injury, or poisoning that (b), (c), and (d) below identify shall report the diagnosis to the Department, using the applicable ICD-10-CM code, as part of the hospital's discharge data reporting pursuant to N.J.S.A. 26:2H-1 et seq., and N.J.A.C. 8:31B.
    1. A person receives a diagnosis pursuant to (a) above if the disease, injury, or poisoning appears as a diagnosis in the person's discharge summary.
  2. The following diseases and conditions are reportable pursuant to (a) above:
    1. Carpal tunnel syndrome; and
    2. Diseases falling within the following condition categories:
      1. Asbestosis;
      2. Asthma;
      3. Byssinosis (airway disease due to specific organic dust);
      4. Coal Workers' Pneumoconiosis;
      5. Hypersensitivity Pneumonitis;
      6. Malignant Mesothelioma;
      7. Respiratory Conditions due to Chemical Fumes and Vapors;
      8. Silicosis; and
      9. Unspecified/Other Pneumoconioses.
  3. A poisoning resulting from the toxic effect of one the following is reportable pursuant to (a) above, provided the poisoning is not the result of a suicide attempt:
    1. Alcohol (excluding alcoholic beverages and alcoholism);
    2. Carbon Monoxide;
    3. Corrosive substances;
    4. Halogen derivatives of aliphatic and aromatic hydrocarbons;
    5. Metals;
    6. Organic solvents;
    7. Other gases, fumes, or vapors;
    8. Other inorganic substances;
    9. Soaps and detergents; and
    10. Pesticides.
  4. The following injuries, if work-related or occupational, are reportable pursuant to (a) above:
    1. Fatal injuries; and
    2. Injuries in minors.
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8:58-1.5 Health care provider reporting of occupational and environmental diseases, injuries, and poisonings
  1. A health care provider who diagnoses a person as having a disease, injury, or poisoning that (b), (c), or (d) below identify shall complete the Occupational Disease, Injury, or Poisoning Report by Health Care Provider form with respect to the patient and submit the completed form to the Occupational Health Surveillance Unit within 30 days of making the diagnosis.
  2. The following diseases and conditions are reportable pursuant to (a) above:
    1. Asbestosis;
    2. Asthma, confirmed, work-related, and suspected, work-related;
    3. Hypersensitivity Pneumonitis;
    4. Silicosis;
    5. Unspecified/Other Pneumoconiosis; and
    6. Other occupational disease.
  3. The following injuries and conditions, if work-related or occupational, are reportable pursuant to (a) above:
    1. Carpal tunnel syndrome;
    2. Fatal injuries;
    3. Injuries in minors; and
    4. Unspecified contact dermatitis.
  4. A poisoning due to the toxic effect of one of the following substances is reportable pursuant to (a) above, provided that if (d)1 through 5 below specify a minimum level for the substance, only upon a diagnosis at or above the specified level:
    1. Arsenic
      1. In blood at level greater than or equal to 0.07 micrograms per milliliter; or
      2. In urine at level greater than or equal to 100 micrograms per liter;
    2. Cadmium:
      1. In blood at level greater than or equal to five micrograms per liter of whole blood; or
      2. In urine at level greater than or equal to three micrograms per gram of creatinine;
    3. Lead in a person of 16 years of age or older:
      1. In blood at level greater than or equal to five micrograms per deciliter; or
      2. In urine at level greater than or equal to 32 micrograms per liter;
    4. Mercury:
      1. In blood at level greater than or equal to 2.8 micrograms per deciliter; or
      2. In urine at level greater than or equal to 20 micrograms per liter;
    5. Pesticide; and
    6. Other substance or toxin, unspecified, if exposure is work-related or occupational.
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8:58-1.6 Additional Information to be provided

The Department may require a hospital and/or a health care provider to provide additional information after receipt of a report pursuant to this chapter if information is missing or if the Department requires other information as necessary to conduct surveillance, perform research, and/or undertake other public health activities.

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8:58-1.7 Confidentiality
  1. The reports and forms submitted to the Department pursuant to this chapter contain demographic and medical information related to the Department's investigations and epidemiological studies of occupational and environmental diseases, injuries, and poisonings and shall not be considered "government records" subject to public access or inspection within the meaning of N.J.S.A. 47:1A-1 et seq. and shall be deemed:
    1. "Information relating to medical history, diagnosis, treatment, or evaluation" within the meaning of Executive Order No. 26, § 4(b)1 (McGreevey, August 13, 2002);
    2. "Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency" within the meaning of Executive Order No. 9, § 2(c) (Hughes, September 30, 1963); and/or
    3. Information "for use in the field of forensic pathology or for use in medical or scientific education or research" pursuant to N.J.S.A. 47:1A-1.1.
  2. The Department, and such other agencies as the Commissioner may designate, shall use the reports submitted pursuant to this chapter to carry out mandated duties, including the duty to control and suppress occupational and environmental diseases, injuries, and poisonings.
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8:58-1.8 Penalties
  1. Violations of this chapter are subject to the penalties established at N.J.S.A. 26:1A-10.
    1. Each violation of any provision of this chapter constitutes a separate offense.
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Appendix

Go to http://healthapps.state.nj.us/forms/ and type “occ-31” in search box.

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Last Reviewed: 12/21/2016