Bill Text: NJ S2214 | 2014-2015 | Regular Session | Introduced
Bill Title: Concerns occupational safety and health for public employees of certain interstate authorities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-06-16 - Introduced in the Senate, Referred to Senate Labor Committee [S2214 Detail]
Download: New_Jersey-2014-S2214-Introduced.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Concerns occupational safety and health for public employees of certain interstate authorities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning occupational safety and health for certain public employees, amending P.L.1983, c.516, and supplementing various parts of the statutory law to amend the compacts and agreements concerning certain interstate authorities.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1983, c.516 (C.34:6A-27) is amended to read as follows:
3. As used in [this act] P.L.1983, c.516 (C.34:6A-25 et seq.):
[a.] "Advisory board" means the Public Employees' Occupational Safety and Health Advisory Board created by section 4 of [this act;] P.L.1983, c.516 (C.34:6A-28).
[b.] "Commissioner" means the Commissioner of Labor and Workforce Development or [his] the commissioner's designee[;].
[c.] "Employer" means public employer and shall include any person acting directly on behalf of, or with the knowledge and ratification of: (1) the State, or any department, division, bureau, board, council, agency, or authority of the State [, except any bi-state agency; or] ; (2) any county, municipality, or any department, division, bureau, board, council, agency, or authority of any county or municipality, or of any school district or special purpose district created pursuant to law; or (3) any interstate authority utilizing its own police officers or firefighters.
[d.] "Employee" means any public employee, any person holding a position by appointment or employment in the service of an "employer" as that term is used in [this act] P.L.1983, c.516 (C.34:6A-25 et seq.) and shall include any individual whose work has ceased as a consequence of, or in connection with, any administrative or judicial action instituted under [this act] P.L.1983, c.516 (C.34:6A-25 et seq.); provided, however, that elected officials, members of boards and commissions, and managerial executives as defined in the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.) shall be excluded from the coverage of [this act;] P.L.1983, c.516 (C.34:6A-25 et seq.).
[e.] "Employee representative" means a "representative" as that term is defined in the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.)[;].
[f.] "Interstate authority" means a public bi-state or multi-state authority, commission, or corporation, created by compact or agreement between the State of New Jersey and another state, whether or not the existence of that interstate authority required the approval of Congress, including, but not limited to: the Port Authority of New York and New Jersey; the Delaware River Joint Commission, known as the Delaware River Port Authority; the Delaware River and Bay Authority; the Delaware River Joint Toll Bridge Commission; the Palisades Interstate Park Commission; and the Waterfront Commission of New York Harbor.
"Review commission" means the Occupational Safety and Health Review Commission created by section 18 of [this act;] P.L.1983, c.516 (C.34:6A-42).
[g.] "Secretary" means the Secretary of the United States Department of Labor[;].
[h.] "Workplace" means a place where public employees are assigned to work.
(cf: P.L.1983, c.516, s.3)
2. (New section) a. The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of New York amending the compact of April 30, 1921, between the states of New York and New Jersey, as amended and supplemented, creating the Port Authority of New York and New Jersey to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to that supplemental compact or agreement, but in the absence of consent and approval, the Port Authority of New York and New Jersey referred to in the supplemental compact or agreement shall have all of the powers which the State of New York and the State of New Jersey may confer upon it without the consent and approval of Congress.
c. The compact of April 30, 1921, between the states of New York and New Jersey, as amended and supplemented, creating the Port Authority of New York and New Jersey as heretofore amended and supplemented, is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Port Authority of New York and New Jersey is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.) or a substantially similar law of the State of New York, as appropriate.
3. (New section) a. The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the Commonwealth of Pennsylvania supplementing the compact or agreement between the Commonwealth of Pennsylvania and the State of New Jersey entitled "Agreement Between the Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River Joint Commission as a body corporate and politic and defining its powers and duties," to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to that supplemental compact or agreement, but in the absence of consent and approval, the commission referred to in the supplemental compact or agreement shall have all of the powers which the Commonwealth of Pennsylvania and the State of New Jersey may confer upon it without the consent and approval of Congress.
c. The "Agreement between the Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River Joint Commission as a body corporate and politic and defining its powers and duties," as heretofore amended and supplemented is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Delaware River Joint Commission is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.) or a substantially similar law of the Commonwealth of Pennsylvania, as appropriate.
4. (New section) a. The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the Commonwealth of Pennsylvania amending the compact or agreement between the Commonwealth of Pennsylvania and the State of New Jersey entitled "Agreement between the State of New Jersey and the Commonwealth of Pennsylvania creating the Delaware River Joint Toll Bridge Commission as a body corporate and politic and defining its powers and duties," to effectuate of purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to that supplemental compact or agreement, but in the absence of consent and approval, the commission referred to in the supplemental compact or agreement shall have all of the powers which the Commonwealth of Pennsylvania and the State of New Jersey may confer upon it without the consent and approval of Congress.
c. The "Agreement between the Commonwealth of Pennsylvania and the State of New Jersey creating the Delaware River Joint Toll Bridge Commission as a body corporate and politic and defining its powers and duties," as heretofore amended and supplemented, is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Delaware River Joint Toll Bridge Commission is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.) or a substantially similar law of the Commonwealth of Pennsylvania, as appropriate.
5. (New section) a. The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of Delaware amending the compact or agreement between the State of Delaware and the State of New Jersey known as the "Delaware-New Jersey Compact," to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to that supplemental compact or agreement, but in the absence of consent and approval, the Delaware River and Bay Authority referred to in the supplemental compact or agreement shall have all of the powers which the State of Delaware and the State of New Jersey may confer upon it without the consent and approval of Congress.
c. The "Delaware-New Jersey Compact" as heretofore amended and supplemented, is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Delaware River and Bay Authority is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.) or a substantially similar law of the State of Delaware, as appropriate.
6. (New section) The compact of June 2, 1937, creating the Palisades Interstate Park Commission, as heretofor amended and supplemented, is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Palisades Interstate Park Commission, with respect to its jurisdiction within those portions of the Palisades Interstate Park within the State of New Jersey, is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees, employed with respect to the commission's jurisdiction within those portions of the Palisades Interstate Park within the State of New Jersey, shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.), as appropriate.
7. (New section) a. The Governor is authorized to enter into a supplemental compact or agreement, on behalf of the State of New Jersey, with the State of New York amending the Waterfront Commission Compact, as heretofor amended and supplemented, to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Governor is authorized to apply, on behalf of the State of New Jersey, to the Congress of the United States for its consent and approval to that supplemental compact or agreement, but in the absence of consent and approval, the commission referred to in the supplemental compact or agreement shall have all of the powers which the State of New York and the State of New Jersey may confer upon it without the consent and approval of Congress.
c. The Waterfront Commission Compact, as heretofor amended and supplemented, is amended and supplemented by adding thereto, as a part thereof, a new provision reading as follows:
The Waterfront Commission of New York Harbor is an employer as defined under section 3 of P.L.1983, c.516 (C.34:6A-27) and its employees shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act," P.L.1983, c.516 (C.34:6A-25 et seq.) or a substantially similar law of the State of New York, as appropriate.
8. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be construed to impair any vested right or obligation under any contract or collective bargaining agreement in effect on or before the date of enactment, in which contract or agreement an interstate authority is an employer as defined in section 3 of P.L.1983, c.516 (C.34:6A-27).
9. This act shall take effect immediately, but sections 2 through 5 of this act shall remain inoperative until the enactment into law of concurrent legislation by the State of New York, the Commonwealth of Pennsylvania, or the State of Delaware, as appropriate, but in the absence of concurrent legislation, the provisions of this act shall apply to the extent the Governor of the State of New Jersey and the New Jersey commissioners of each interstate authority may confer its application without the enactment of concurrent legislation.
STATEMENT
This bill amends the "New Jersey Public Employees' Occupational Safety and Health Act,") to provide that, for purposes of that act, the definition of "employer" includes any interstate authority that utilizes its own police officers or firefighters.
The bill also adds a definition of "interstate authority" for the purposes of the "New Jersey Public Employees' Occupational Safety and Health Act." The bill defines "interstate authority" as a public bi-state or multi-state authority, commission, or corporation, created by compact or agreement between the State of New Jersey and another state.
Currently, the definition of "employer" in the "New Jersey Public Employees' Occupational Safety and Health Act" specifically excludes any bi-state agency; this bill removes the exclusion of bi-state agencies from the definition and adds any interstate authority utilizing its own police or firefighters to the definition. This bill provides that workers employed by an interstate authority that utilizes its own police officers and firefighters will be subject to the protections afforded under the "New Jersey Public Employees' Occupational Safety and Health Act."
The bill also authorizes the Governor to enter into supplemental compacts or agreements, on behalf of the State of New Jersey, with the States of New York, and Delaware, and the Commonwealth of Pennsylvania, as necessary, to amend the compacts formed with those states, which govern the interstate authorities which New Jersey and those states compacted to form, to provide that those entities shall be subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act." The authorities include:
· Port Authority of New York and New Jersey;
· Delaware River Port Authority;
· Delaware River Joint Toll Bridge Commission;
· Delaware River and Bay Authority; and
· Waterfront Commission of New York Harbor.
With respect to the interstate authorities, the bill's provisions are inoperative until the passage of concurrent legislation by the other compacting states, and approval of Congress, except that in the absence of concurrent legislation, the authority may confer the application of the bill's provisions to the extent the Governors and commissioners are able to do so.
The bill also amends the compact which formed the Palisades Interstate Park Commission to provide that those employees serving the New Jersey portion of the Palisades Interstate Park are subject to the provisions of the "New Jersey Public Employees' Occupational Safety and Health Act."
