Concerns occupational safety and health for public employees of certain interstate authorities.

A1597

ASSEMBLY, No. 1597

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Concerns occupational safety and health for public
employees of certain interstate authorities.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.
[
561
]

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.�