Toxic Catastrophe Prevention Act (TCPA)
On September 26, 2005, NJDEP Commissioner Campbell signed Administrative Order 2005-05 to take effect October 1, 2005. The Order provides that NJDEP will require facilities to undertake certain actions relating to inspections by NJDEP of facilities pursuant to the TCPA. Among the new requirements:
• the facility must post a notice of the inspection, and must provide a copy of the notice to an employee representative if there is one;
• the facility must allow an employee familiar with the processes being inspected, and an employee representative, to participate in the inspection and NJDEP may allow additional employees to participate;
• the facility must invite participating employees to any meeting regarding the inspection and NJDEP may meet separately with employees;
• NJDEP will resolve any disputes as to who is the employee representative and may consult with employees it deems necessary if there is no employee representative; and
• NJDEP will maintain a database of contact information for employee representatives at TCPA regulated facilities.
See a copy of the order here: http://www.nj.gov/dep/newsrel/2005/05_0115ao.pdf. See NJDEP’s new release here: http://www.nj.gov/dep/newsrel/2005/05_0115.htm. To find out if your facility is subject to these or other requirements of the TCPA, see the NJDEP’s TCPA webpage at: http://www.nj.gov/dep/rpp/tcpa/