Borough of Lake Como, NJ
Monmouth County
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Table of Contents
Table of Contents
[1]
Editor's Note: This Personnel Policy Manual which comprises Sections 8-1 through 8-22 was adopted by Resolution of the Governing Body of the Borough of South Belmar.
The purpose of this Personnel Policy Manual is to formalize the present personnel policies of the Borough of South Belmar. Amendments may be made from time to time by action of the Borough Mayor and Council.
The provisions for members of the Police Department shall be in accordance with the contractual agreement in existence at the applicable time between the Borough and the recognized bargaining unit.
The provisions of the policies shall not be applied or implemented in circumstances where such application or implementation would be prohibited by the New Jersey Employer-Employee Relations Act.
It shall be the declared policy of the Borough of South Belmar that no discrimination will be made in employment because of race, color, creed, national origin, political or religious opinions, or affiliations, physical handicap, ancestry, age, marital status, or sex of any individual or because of the liability for service in the Armed Forces of the United States. Age shall be a valid factor for employment only where it is required for the position by law and where it is lawfully an occupational requirement.
This nondiscrimination policy also applies to promotion, demotion, transfer, layoff, discharge, training, wages, working hours, conditions of employment and employment privileges.
Temporary Appointments: Temporary appointments shall have a maximum duration of four (4) months in any twelve (12) month period.
Provisional Appointment: Pending the establishment of an appropriate eligible list, vacancies in permanent positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established and furnished by the Department of Civil Service.
Medical Examination: The Borough shall require any job applicant to submit to a medical, psychological, and/or psychiatric examination by a professional doctor designated by the Borough.
Probationary Period: An employee appointed permanently to the classified service shall serve a probationary period of three (3) months which may not be extended. The purpose of the test period is to enable the Borough to evaluate the employee's work performance and conduct in order to determine whether the employee merits permanent status. In every case, the employee shall be notified in writing of the discontinuance of his/her services and of the reasons for the action. A copy of the notice will be forwarded to the Department of Civil Service.
A three (3) month probationary period shall also pertain to an employee promoted permanently to a higher classification.
Permanent Employment Status: Classified employees who satisfactorily complete their probationary period shall have permanent employment status, conditioned upon good behavior and satisfactory job performance.
Salaries of Borough employees shall be as fixed and amended by ordinance of the Council.
Salary increments within the salary range shall be granted to each hourly employee effective January 1 of each year until the employee's salary reaches the maximum salary provided for that position title by ordinance.
The Borough will pay its employees on the following schedule:
Bi-weekly
Full-time employees
Hourly employees
Other salaried employees not covered below
Monthly
Municipal Judge
Tax Assessor
Welfare Director
Quarterly
Plumbing Subcode Official
Fire Subcode Official
Mayor
Council
Any employee subject to the Federal Fair Labor Standards Act shall be paid in accordance with the provisions for all hours worked during the work week.
[Ord. No. 2009-833 §§ 1—5]
Overtime which has been approved in advance by the appropriate supervisor is payable at the rate of one and one-half (1 1/2) times the employee's hourly rate for hours worked in excess of forty (40) hours in any week. Exempt from overtime entitlement are executive, administrative, and professional employees as defined by the Fair Labor Standards Act.
a. 
No overtime by any employee shall be permitted in any department in the Borough of Lake Como unless required by an emergency condition or extraordinary event as determined by the department head. The head of the department shall mean the Borough Administrator for the office section, the Director of Public Works for the Public Works Department, the Chief of Police and/or Captain for the Police Department. An emergency is defined as a situation that could not have been anticipated at the time when the schedule for the employees working hours was initiated. An extraordinary event is an event, which results in an increased staffing and personnel demands. If an extraordinary event is expected to occur in the future then the schedule of overtime shall be submitted to the Borough Administrator no later than seventy-two (72) hours prior to the proposed overtime shift by the department head for the Borough Administrator's approval. If approval is not granted, overtime shall not be permitted.
b. 
In the event that overtime is granted by a department head on an emergency basis, the department head shall explain in writing to the Borough Administrator the situation that arose that caused the emergency. The department head shall sign the overtime sheet and submit the same to the Borough Administrator on the next business day by twelve o'clock (12:00 p.m.) noon.
c. 
The department head, having granted overtime on an emergent basis, shall provide a detailed plan to the Borough Administrator explaining how the particular emergency could be avoided in the future and prevented from recurring.
d. 
Any department head who does not comply with this policy shall be subject to disciplinary action pursuant to the Borough of Lake Como Guidelines.
e. 
The Borough Administrator shall forward copies of the Statement of Overtime together with the plan on preventing future similar occurrences to the Counsel Liaison for the particular department in question and also to the Finance Committee for their review.
Salary employees shall receive compensatory time (time back) for any time in excess of the employees' normal hours of employment. Employees shall accrue compensatory time. Employees may use compensatory time as approved by their Department Head.
Permanent employees shall receive longevity pay based on one (1%) percent of their base salary for every two (2) years of service, with a maximum percentage of ten (10%) percent after twenty (20) years of service. When an employee has twenty-four (24) years of service (per contract), after each four (4) years of service, an additional two (2%) percent only after twenty (20) years of service.
a. 
Hours of Work. The normal work week of the Borough shall consist of five (5) days and not be less than thirty-two and one-half (32 1/2) hours nor more than forty (40) hours.
The work days for employees shall be established by the appropriate superior and approved by the Mayor and Council.
b. 
Holidays. Except if superseded by a Union Contract, the following official holidays with pay shall be observed by the Borough:
1. 
New Year's Day
2. 
Washington's Birthday
3. 
Good Friday (after 12 noon for employees of Public Works Department)
4. 
Memorial Day
5. 
Independence Day
6. 
Labor Day
7. 
Columbus Day
8. 
Veteran's Day
9. 
Thanksgiving Day
10. 
Christmas Day
c. 
Additional Holidays for Staff of the Borough Clerk's Office.
1. 
Martin Luther King's Birthday
2. 
Election Day (or day after Thanksgiving
3. 
Lincoln's Birthday
d. 
If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday.
e. 
If a holiday is observed during an employee's vacation or while on sick leave, no charge will be made against accrued vacation leave or sick leave.
f. 
Employees of the Public Works Department who are paid on an hourly basis and who work either in part or whole on a holiday shall be granted double his/her regular salary for that period of time worked.
As used in this section:
SICK LEAVE
is hereby defined to mean absence from post of duty of an employee because of illness, accident, exposure to contagious disease, attendance upon a member of the employee's immediate family seriously ill requiring the care of attendance of such employee, or absence caused by death in the immediate family of such employee.
Temporary and seasonal employees shall not be eligible for sick leave with pay.
If an employee is unable to work due to illness, this fact shall be reported to the Department not later than one-half (1/2) hour after the start of the normal work day.
Sick leave can be accumulated without limit during each employee's length of service.
In the first calendar year of employment, permanent employees shall be entitled to one (1) day of sick leave with pay for every month of service or fractional part thereof calculated from day of permanent employment, and fifteen (15) working days in every calendar year thereafter.
Permanent part-time employees shall accrue leave on a proportionate basis.
Whenever an employee has been absent from work because of illness for more than two (2) consecutive days, the employee shall be required to submit a medical certificate.
Vacations shall be taken at such times and for such terms as the Department Head shall determine to be in the best interest of the Borough.
Any unused vacation leave may be carried forward into the next succeeding year only.
Upon termination of employment, an employee will receive payment for all accrued vacation leave.
Temporary and seasonal employees shall not be eligible for vacation leave with pay.
Full-time permanent employees will be granted the following annual leave for vacation purposes with pay:
Up to 1 year of service
1 working days vacation for each month of service
After 1 year of service and up to 5 years of service
12 working days vacation
After 6 years and up to 10 years of service
15 working days vacation
After 11 years of service
20 working days vacation
16-20 years of service
25 working days vacation
21 years of service
30 working days vacation
Permanent part-time employees shall accrue leave on a proportionate basis.
Computation of service shall be calculated from an employee's date of permanent employment.
Whenever a permanent employee dies having to his/her credit any vacation leave, there shall be paid to the estate a sum of money equal to the compensation figured on his/her salary at the time of death.
When a permanent full-time or part-time employee, including a uniformed member of the Police Department and the members of the Council, is injured or disabled resulting from or arising out of his/her employment, the Mayor may grant a leave of absence for the employee for a period not exceeding one (1) year, provided that a physician certifies to such injury or disability in a written statement to the Mayor.
The employee shall not be charged with any sick leave time for lost time due to such injury or disability.
Any amount of salary or wages paid to employees because of leave shall be reduced by the amount of any worker's compensation award made for temporary disability.
Sick leave may be used up to three (3) days because of death in the immediate family. Immediate family means spouse, parent, child, sibling, father-in-law, mother-in-law, step-child, step-mother, step-father, guardian, grandmother, grandfather, grandchildren, sister-in-law, brother-in-law.
An employee who is required to serve jury duty shall be paid the regular rate of pay and shall be required to turn in the jury duty pay to the Borough.
Military leave shall be granted in accordance with Civil Service regulations.
The Mayor and Council may grant leaves of absence without pay to permanent employees not exceeding six (6) months at any one time. Such leaves of absence may be renewed for an additional period not to exceed six (6) months by formal action of the Mayor and Council.
The Borough shall provide to each permanent and provisional employee, spouse, and eligible dependents hospitalization coverage through Medical Program as established in the Borough. Employees shall become eligible for benefits after the completion of three (3) full months of service.
Most employees who earn one thousand five hundred ($1,500.00) dollars per annum and who are paid in each quarter of the year are members in the New Jersey Public Employees Retirement System. In addition to the retirement allowance, each member is entitled to noncontributory life insurance in the amount of one and one-half (1 1/2) times the salary received during the last year of service. Contributory insurance costs the employee one-half (1/2) of one of (1%) percent of his/her annual salary and provides coverage amounting to an additional one and one-half (1 1/2) times the employee's annual salary. Contributory life insurance is compulsory for the first year of enrollment in the system.
Any employee who is entitled to expend cash for Borough supplies or who is authorized to attend a meeting on Borough business will be reimbursed for any legitimate expense provided it is supported by a detailed voucher and, as appropriate, supporting receipts.
Any employee who is authorized to attend the League of Municipalities Conference shall be reimbursed for any legitimate expense provided it is supported by a detailed voucher and, as appropriate, supporting receipts.
Any employee who is a volunteer member of the Borough Fire Department and/or the First Aid Squad shall be allowed to respond to emergency calls during working hours.
Employees shall not directly or indirectly use or seek to use their authority or influence of their position to control or modify the political action of other persons.
Employees shall not engage in political activity during the hours of duty; nor shall they at any time participate in political activities so as to impair the usefulness in the positions in which they are employed.
The Borough Clerk shall maintain adequate personnel records for each employee of the Borough. The records shall include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, and related matters.
An employee is entitled to review the contents of his/her own personnel folder. The Borough reserves the right to remove such records as medical, psychological, and psychiatric examinations; pre-employment injuries, and background investigations prior to review of the folder by the employee.
Employees are responsible for the proper care of Borough property which is entrusted to them in the course of performing their duties. An employee who uses Borough property other than for municipal business or who loses or damages such property through willful abuse or negligence shall be subject to disciplinary action.
Employees shall not use telephones except for purposes of Borough business. In an emergency situation, employees may make calls with the approval of the supervisor.
Borough employees are expected to comply with the following safety rules and regulations:
a. 
To use appropriate protective equipment and gear when assigned.
b. 
To be aware of possible hazards or faulty machinery or equipment and to report such immediately to the supervisor.
c. 
To perform daily duties in such a manner as to protect the safety and welfare of the employee and fellow workers.
Employees are expected to wear uniforms as mandated and to maintain them in good condition. Whenever an employee terminates service with the Borough, he/she shall be expected to return all uniforms prior to receiving his/her final paycheck.
Whenever an employee has a grievance he/she should first discuss it verbally with the immediate supervisor. The supervisor shall attempt to arrange a satisfactory settlement within one (1) day after presentation of the grievance. In the event that no satisfactory settlement within one (1) day after presentation of the grievance. In the event that no satisfactory solution to the grievance has been arranged, the employee will submit in writing to the immediate supervisor. Within three (3) days after receipt of the written grievance, the supervisor will report the facts of the grievance to the Councilman in charge of the employee's department. The Councilman will attempt to find a mutually satisfactory solution to the grievance within five (5) days. Failing in that, the Councilman will submit the grievance to the Mayor and Council at the next regular meeting for a final solution to be rendered no later than two (2) weeks after presentation to Mayor and Council.
Where the grievance involves an alleged violation of rights and privileges specified in Civil Service Law and Rules for which there is specific appeal to the Commission, the employee shall present his complaint to the Civil Service Commission directly.
The Borough of South Belmar recognizes that sexual harassment is a violation of State and Federal law. The Borough of South Belmar seeks to provide its employees a work environment free of sexual harassment. Any harassment of any Borough employee or appointee by any other Borough employee or appointee will not be permitted, regardless of their working relationship. The Borough Council has an unequivocal commitment to a workplace free from sexual harassment and will enforce this commitment through the policies and procedures set forth in this section.
It shall be a violation of this section for any Borough employee or appointee to harass another Borough employee or appointee, through conduct or communication of a sexual nature as defined in subsection 8-21.3.
a. 
Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors and other inappropriate or offensive verbal or physical conduct made because of a person's sex, made by an employee or appointee to another employee or appointee when:
1. 
The advances undermine the employment relationship by creating an intimidating, hostile or offensive environment;
2. 
The advances affect the individual's job performance;
3. 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or when
4. 
Submission to or rejection of such conduct by an individual is used as the basis of decisions concerning continued employment or evaluation of such individual.
b. 
The open display of sexually suggestive objects or pictures in the workplace is sexual harassment.
c. 
Examples of such conduct which constitutes sexual harassment include:
1. 
Unwelcome sexual advances.
2. 
Sexually graphic comments.
3. 
Demeaning comments concerning sex and/or physical appearance.
4. 
Unwelcome touching or any intentional contact of a sexual nature.
5. 
Unwelcome and offensive sexually explicit humor.
The Borough Clerk and Department Heads will make it clear to all employees by enforcing this section and addressing complaints of inappropriate behavior, that sexual harassment is prohibited by the Borough of South Belmar and is grounds for disciplinary action.
Any individual who alleges sexual harassment by another Borough employee or appointee should immediately inform the offender that such behavior is not appropriate. The Borough Clerk should be contacted immediately. The Borough Clerk may speak informally with the alleged harasser in an effort to correct the offending behavior and prevent retaliatory behavior. It should be stated firmly and clearly that the behavior is unwelcome. In the event the Borough Clerk is directly involved in the complaint, the matter shall be reported to the Mayor.
a. 
An individual alleging sexual harassment may file a formal grievance with the Borough Clerk in writing within forty-five (45) days of the incident. The Borough Clerk will carry out a thorough investigation and will protect the rights of both the person making the complaint and the alleged harasser. This investigation must include, at a minimum, interviews with the complainant and the alleged harasser and any alleged witnesses to the alleged harassment. In the event the Borough Clerk is directly involved in the complaint, the matter shall be reported to the Mayor.
b. 
A factual determination is required to address the question of whether a particular perceived action is or is not sexual harassment. A charge of sexual harassment is a serious matter. The rights of all parties are to be protected. A false complaint, false testimony or false information provided in connection with a harassment investigation will be subject to such discipline as the Borough Council determines to be appropriate, up to and including termination.
c. 
The confidentiality and privacy of all involved persons will be respected during an investigation. Such disclosure, during the investigatory stage, shall be permitted only when required by law.
d. 
The Borough Clerk, following his/her investigation, shall promptly report his findings and recommendations to the Borough Council for final decision.
The Borough shall provide mandatory training to all supervisors and Department Heads regarding its sexual harassment policy and procedures. The Borough shall make training available to all employees and appointees.
The Borough, through annual anonymous and confidential questionnaires, shall monitor the employees' and appointees' trust in the established policy and procedure.
Anyone found to have engaged in any type of harassment shall be subject to disciplinary action, up to and including discharge.
Notice of this policy shall be disseminated annually and shall be included in the employee manual.
The ADA prohibits discrimination against a "qualified individual with a disability" because of the disability of such individual in regard to job application procedure, the hiring, advancement, or discharge of employees, employee compensation, job training and other terms, conditions, and privileges of employment. Under the ADA, a person has a disability if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.
To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, or working.
Additionally, an individual with a disability must be qualified for the job. An individual is qualified if he/she:
Possesses the prerequisites for the job as to education, experience, training, skills, licenses, or certificates, and other job related requirements such as good judgment or the ability to work with other people; and
Can perform the essential functions of the job, with or without reasonable accommodations.
Essential factors are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. In determining which particular functions are essential to a specific job, an employer can look to several factors, including:
Whether the reason the position is to perform that function;
The number of other employees available to perform the function or among whom the performance of the function can be distributed; and
Perform the function.
There are many forms of evidence that can be offered or reviewed in determining if a particular function is essential including:
The employer's own judgment;
A written job description;
The consequence of not requiring the person in the job to perform the function;
The terms of a collective bargaining agreement;
Work experience of individuals who have previously performed the job and work experience of individuals who currently perform similar jobs; or
The nature of the work operation.
An individual with a disability is not considered to be otherwise qualified for a position if his/her employment or continued employment would pose a health and/or safety risk to themselves or others. In general, a person cannot be barred from employment due to mere possibility of harm. An applicant may be rejected, however, where the risk is reasonable and the likely harm would be substantial.
An employer is required to make a reasonable accommodation to allow an individual with a disability to perform the essential functions of a job. Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, a reasonable accommodation may include:
Acquiring or modifying equipment or devices;
Job restructuring;
Part-time or modified work schedule;
Reassignment to a vacant position;
Adjusting or modifying examinations, training materials or policies;
Providing readers and interpreters;
Making the workplace readily accessible to and usable by people with disabilities.
Reasonable accommodation also must be made to enable an individual with a disability to participate in the application process, and to enjoy benefits and privileges of employment equal to those available to other employees. It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of the employer's business.
Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Factors used to evaluate whether a specific accommodation constitutes an undue hardship on an employer include:
The nature and net cost of the accommodation after all tax credits, deduction and/or available outside funding are considered.
The overall financial resources of the facilities involved in providing the reasonable accommodation, the number of persons employed at the facility and the effect that providing the accommodation would have on the expenses and resources of that facility;
The overall financial resources of the employer, including the size of the overall business, including the number of employees and the number, type and locations of facilities;
The type of operation including composition, structure and functions of the workplace, and the geographic separateness and administrative or fiscal relationship between the individual facility at which the accommodation is sought and the overall employer and;
The impact of the accommodation on the operations of the facility and the ability of other employees within the facility to perform their duties, and on the facility's ability to conduct business.
If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. If cost causes the undue hardship, the employer must also consider whether funding for an accommodation can be offset by State or Federal tax credits or deductions. The employer must also give the applicant or employee with a disability the opportunity to provide the accommodation or pay for the portion of the accommodation that constitutes an undue hardship.
Regarding the application process, it is unlawful for an employer:
To ask an applicant whether he/she is disabled or about the nature or severity of a disability, or
To require the applicant to take a medical examination before making a job offer.
An employer can ask an applicant questions about ability to perform job-related functions, as long as the questions are not phrased in terms of a disability. An employer can also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will perform job-related functions.
After a job offer is made and prior to the commencement of employment duties, an employer may require that an applicant take a medical examination if everyone who is working in the job category must also take the examination. Employment may be conditioned on the results of the medical examination. However, any reasons for exclusion due to the results of the medical examination must be job-related and necessary for the conduct of the business. It must also be shown that no reasonable accommodation exists which would have made it possible for the individual to perform the essential job functions.
Once an applicant is hired, the employer cannot require a medical examination or ask an employee questions about disability unless it can be shown that these requirements are job-related and necessary for the operation of the business.
The results of all medical examinations or information from inquiries about a disability must be kept confidential and maintained in separate medical files.
[Ord. No. 94-603 § 1]
a. 
Purpose. This program establishes the minimum requirements for safe, entry, continued work in an exit from wetwells, and manholes.
b. 
Application. The procedures described in this program are mandatory for entry and work in confined spaces. Written entry permits are required for all confined space entry and work as follows:
Confined Space
Entry Permit Category
Manholes in Collection Systems
Duration of Work Permit
No. 1 Wetwell
Specific Entry Permit
No. 4 Drywell
Annual Permit
[Ord. No. 94-603 § 2]
a. 
Duration of Work Permit, Specific Entry Permit. The duration of Work Permit and the Specific Entry Permit will contain identical entry requirements and specifications and will differ only in that the Duration of Work Permit will be issued only for collection system work where it may be necessary to enter more than one (1) manhole during the course of the work. The Specific Entry Permit will be issued only for entry to one (1) specific confined space. Either permit will be issued only for one (1) work period, not to exceed eight (8) hours.
b. 
Annual Permit. The Annual Entry Permit will be issued only for entry to the No. 4 drywell which contains a permanent continuous-duty ventilation system. This permit will require use of a specified gas detector prior to entry and while working in the drywell. The permit will be valid for daily maintenance and inspection for a period of one (1) year.
[Ord. No. 94-603 § 2.3]
Entry into a confined space will only be authorized by the signature of the person in charge of the Entry Permit. The person in charge of the entry will only sign the Entry Permit after completing the Permit checklist. This will certify that all atmospheric testing and ventilation of the confined space has been completed, that the atmosphere in the confined space is safe for entry and that all hazard warning devices and safety equipment (including retrieval lines) are available at the site. The person in charge of the entry will assure that an attendant is stationed at the entrance to the confined space throughout the period of work in the confined space.
[Ord. No. 94-603 § 2.4]
a. 
The Borough Superintendent who is the person in charge of entry shall:
1. 
Assure that the pre-entry portions (checklist) of the permit are completed before any employee enters a confined space.
2. 
Verify that the necessary pre-entry conditions exist.
3. 
Verify, if an in-plant rescue team will be used, that the in-plant rescue team is available.
4. 
Verify that the means for summoning the in-plant rescue team or other emergency assistance are operable.
5. 
Terminate the entry upon becoming aware of a non-permitted condition.
b. 
If the person in charge of entry is present throughout the entry and work period, this person may serve as the attendant.
[Ord. No. 94-603 § 2.5]
The attendant shall:
a. 
Remain outside the confined space;
b. 
Maintain continuous communication with all authorized entrants within the confined space by voice, radio, telephone, visual observation, or other equally effective means. If it is not possible for one (1) attendant to maintain communication with each entrant because of the work station of the entrant in the confined space, other arrangements shall be made to assure that the attendant is continuously aware of the location and condition of any entrant who is out of range of direct communication in the confined space because of his work station.
c. 
Have the authority to order entrants to exit the confined space at the first indication of a non-permitted condition, for example, unusual conduct by the entrants or if a situation occurs outside the confined space that could pose a hazard to the entrants;
d. 
Know the procedure and have the means to summon immediate emergency assistance, if needed;
e. 
Remain in his post and not leave for any reason except self-preservation, unless replaced by an equally qualified individual while entry continues. The attendant shall order the entrants to exit confined space if the attendant must leave and there is no replacement and;
f. 
Warn unauthorized persons not to enter, or to exit immediately if they have entered, and advise the authorized entrants and any others specified by the employer of entry by unauthorized persons.
[Ord. No. 94-603 § 3]
a. 
Training for All Employees.
1. 
All employees who may be exposed to confined spaces in the course of their employment shall be made aware of the appropriate procedures and controls for entry.
2. 
All employees shall be made aware that unauthorized entry into such spaces is forbidden.
3. 
All employees shall be made aware that the consequences of unauthorized entry could be fatal, and that their senses are unable to detect and evaluate the severity of atmospheric hazards.
b. 
Training for Authorized Entrants.
1. 
All authorized and in-plant rescue teams shall receive training, including annual re-training covering the issues of 2. through 6. below prior to entering any confined space. The employer shall retain a written record of the hours and subject
2. 
Every employee, before entering a confined space containing a potentially hazardous environment shall understand the nature of the hazard and the need to perform appropriate testing to determine if it is safe to enter.
3. 
Employees shall be taught the proper use of all personal protective equipment, including respirators and clothing required for entry or rescue, and the proper use of protective shields and barriers. All the training provisions of N.J.A.C. 12:100-4.2(a) 7 Subpart 1, Personal Protective Equipment shall be complied with.
4. 
Employees shall be trained to exit from a confined space as rapidly as they can without help (self-rescue) whenever an order to evacuate is given by the attendant, or whenever employees recognize the warning signs of exposure to hazardous substances whose presence in the confined space is known or expected.
5. 
Employees shall be made aware of the toxic effects or symptoms of exposure to anticipated hazardous materials that may be inhaled or absorbed through the skin. Employees shall be trained to relay an alarm to their attendant and to attempt self-rescue immediately on becoming aware of these effects.
6. 
Employees shall be trained in any modification of normal work practices that are necessary for work in confined space.
7. 
Employees performing atmospheric tests of the confined space shall be properly trained in the use and calibration of testing equipment.
c. 
Training for Persons Authorizing or in Charge of Entry. The person in charge of entry shall be trained in:
1. 
Recognizing the effects of exposure to hazards reasonably expected to be present; and
2. 
Authorized procedures for summoning rescue or other emergency service;
3. 
Recognition of early behavioral signs of intoxication caused by contaminants or asphyxiants whose presence could be anticipated in the confined space;
4. 
The requirements for entrants if the permit specifies that the function of the attendant will alternate among the authorized entrants; and
5. 
The requirements for in-plant rescue team if the attendant will have rescue duties that could require entry.
d. 
Training for the Attendant. The attendant shall be trained in:
1. 
Proper use of the communications equipment furnished by the employer for communicating with authorized entrants or summoning emergency or rescue service;
2. 
Authorized procedures for summoning rescue or other emergency service;
3. 
Recognition of the early behavioral signs of intoxication caused by contaminants or asphyxiants whose presence could be anticipated in the confined space;
4. 
The requirements of N.J.A.C. 12:100-9.7, if the permit specifies that the function of the attendant will alternate among the authorized entrants; and
5. 
The requirements of N.J.A.C. 12:100-9.12, if the attendant will have rescue duties that could require entry.
[Ord. No. 94-603 § 4]
a. 
An in-plant rescue team shall consist of personnel equipment with the personal protective equipment, including respiratory protective equipment, necessary for entry into a confined space, and with the rescue and retrieval equipment the employer has provided for rescue from a confined space.
b. 
The rescue team shall be trained as authorized entrants and in the correct performance of the rescue functions assigned to them using the retrieval and rescue equipment furnished and in the proper wearing and use of any personal protective equipment, including respirators, that they may use during an actual rescue.
c. 
A rescue team shall practice, at least annually, removing simulated victims, such as dummies, mannequins, or real people, through representative openings and portals which have the same size, configuration and accessibility as the confined space from which an actual rescue would be required.
d. 
At least one (1) member of each rescue team shall hold current certification in basic first-aid and cardiopulmonary resuscitation.
[Ord. No. 94-603 § 5]
a. 
The Portable Gas Detector is to be used for atmospheric testing of confined spaces prior to entry and to be placed or worn in the confined space throughout the time in which personnel are in the confined space.
b. 
The Portable Gas Detector is to be field tested in accordance with the instructions contained in the manufacturer's instruction manual. If the detector fails the prescribed field tests, it is to be recalibrated in accordance with the instructions contained in the referenced publication.
[Ord. No. 94-603 § 6]
This program assigns the Superintendent of Public Works Department to be designated as a Qualified Person and is capable by education or specialized training, or both, of anticipating, recognizing and evaluating employee exposure to hazardous substances or other unsafe conditions in a confined space and capable of specifying necessary control or protective action both to ensure worker safety.