34:11-56.74 Use of skilled and trained workforce by owner, operator; exemptions.
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/nj/title-34/chapter-11/34-11-56-74·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
3. a. An owner or operator of a stationary source that is engaged in activities described in Code 324110, 325110, 325180, or 325199 of the North American Industry Classification System, as that code read on January 1, 2017, and has one or more covered processes for which the owner or operator is required to prepare and submit a Risk Management Plan, shall, when contracting with outside contractors for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source, require that the contractors performing the work, and any subcontractors of the contractors, use a skilled and trained workforce to perform all onsite work which is in an apprenticeable occupation in the building and construction trades.
The requirement to use a skilled and trained workforce shall apply to the onsite workforce of each contractor and subcontractor.
b. This section shall not apply to:
(1)Oil and gas extraction operations, and shall not apply to any contract awarded before January 1, 2021, unless the contract is extended or renewed after that date, and shall not apply to the employees of the owner or operator of the stationary source, or prevent the owner or operator of the stationary source from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working;
(2)Any owner or operator, or contractor or subcontractor of the owner or operator, who has entered into a project labor agreement or collectively bargained maintenance agreement with labor organizations with registered apprenticeship programs, if all contracted work at the facility or site subject to the provisions of this section is also subject to the provisions of the project labor agreement or collectively bargained maintenance agreement; or
(3)Contractors or subcontractors hired to perform OEM work for purposes of compliance with equipment warranty requirements.
L.2020, c.65, s.3.