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:
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Bi-weekly
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Full-time employees
Hourly employees
Other salaried employees not covered below
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Monthly
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Municipal Judge
Tax Assessor
Welfare Director
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Quarterly
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Plumbing Subcode Official
Fire Subcode Official
Mayor
Council
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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:
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:
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:
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Up to 1 year of service
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1 working days vacation for each month of service
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After 1 year of service and up to 5 years of service
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12 working days vacation
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After 6 years and up to 10 years of service
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15 working days vacation
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After 11 years of service
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20 working days vacation
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16-20 years of service
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25 working days vacation
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21 years of service
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30 working days vacation
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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:
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.
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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.
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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.
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Additionally, an individual with a disability must be qualified
for the job. An individual is qualified if he/she:
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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
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Can perform the essential functions of the job,
with or without reasonable accommodations.
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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:
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Whether the reason the position is to perform that
function;
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The number of other employees available to perform
the function or among whom the performance of the function can be
distributed; and
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Perform the function.
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There are many forms of evidence that can be offered or reviewed
in determining if a particular function is essential including:
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The employer's own judgment;
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A written job description;
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The consequence of not requiring the person in the
job to perform the function;
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The terms of a collective bargaining agreement;
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Work experience of individuals who have previously
performed the job and work experience of individuals who currently
perform similar jobs; or
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The nature of the work operation.
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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.
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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:
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Acquiring or modifying equipment or devices;
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Job restructuring;
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Part-time or modified work schedule;
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Reassignment to a vacant position;
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Adjusting or modifying examinations, training materials
or policies;
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Providing readers and interpreters;
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Making the workplace readily accessible to and usable
by people with disabilities.
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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.
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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:
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The nature and net cost of the accommodation after
all tax credits, deduction and/or available outside funding are considered.
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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;
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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;
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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;
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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.
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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.
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Regarding the application process, it is unlawful for an employer:
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To ask an applicant whether he/she is disabled or
about the nature or severity of a disability, or
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To require the applicant to take a medical examination
before making a job offer.
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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.
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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.
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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.
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The results of all medical examinations or information from
inquiries about a disability must be kept confidential and maintained
in separate medical files.
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[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:
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Confined Space
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Entry Permit Category
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Manholes in Collection Systems
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Duration of Work Permit
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No. 1 Wetwell
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Specific Entry Permit
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No. 4 Drywell
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Annual Permit
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[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.
