New Jersey Assembly Bill A1855

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

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

Impact

The proposed changes are expected to significantly enhance the work environment and safety standards for employees in these interstate authorities. By including these workers under the purview of the New Jersey Public Employees' Occupational Safety and Health Act, they will now have rights and protections regarding occupational safety that were previously unavailable. This move aims to align policies across state lines, particularly as many of these authorities operate in a bi-state context, thus improving overall health and safety compliance across jurisdictions.

Summary

Assembly Bill A1855 amends the New Jersey Public Employees' Occupational Safety and Health Act to extend its coverage to employees of certain interstate authorities, specifically those that utilize their own police officers or firefighters. This legislative change removes the existing exclusion of bi-state agencies from the definition of 'employer,' thereby ensuring that workers within these authorities are afforded the same occupational safety and health protections as other public employees in New Jersey. The bill defines 'interstate authority' as any public bi-state or multi-state authority created by agreement between New Jersey and another state, which includes prominent organizations like the Port Authority of New York and New Jersey and the Delaware River Port Authority.

Contention

However, the bill stipulates that its provisions will only be operational once concurrent legislation by the compacting states—New York, Delaware, and Pennsylvania—is passed and approved by Congress. Until then, the application of the bill's provisions is limited, leading to potential concerns over the safety and compliance of employees in these authorities amid a legislative waiting period. As such, there is an inherent complexity regarding inter-state cooperation and legislative alignment that could be contentious among lawmakers, particularly regarding state sovereignty and regulatory authority.