ASSEMBLY CONSUMER AFFAIRS AND REGULATED PROFESSIONS COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 1031

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JUNE 10, 1996

 

      The Assembly Consumer Affairs and Regulated Professions Committee reports favorably Assembly Bill No. 1031 with committee amendments.

      As amended, this bill makes it an unlawful practice under the "consumer fraud law" for any person to advertise or hold himself out as a certified industrial hygienist in training or certified industrial hygienist unless that person is certified by an industrial hygiene certification organization. The bill also makes it an unlawful practice for any person who does not have an industrial hygienist education to advertise or hold himself out as an industrial hygienist.

      The bill provides that any person who advertises or holds himself out as an industrial hygienist must have the following education: a baccalaureate or graduate degree from an accredited college or university in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science; or, a baccalaureate or graduate degree from an accredited college or university that contains at least 60 semester credit hours in undergraduate or graduate level courses in science, mathematics, engineering and technology, with at least 15 of those hours at the upper (junior, senior or graduate) level. A degree that is heavily comprised of only one of those subject areas, in the absence of others, may be judged unacceptable. An unacceptable baccalaureate degree may be remedied by additional science coursework from an accredited college or university or by completion of a related graduate degree from an accredited college or university.

      The bill defines industrial hygiene as the science and practice devoted to the anticipation, recognition, evaluation, and control of those factors and stresses arising in or from the workplace or the environment that may cause sickness, impaired health and well-being, or significant discomfort among workers or members of the community.

      The bill defines an industrial hygiene certification organization as a professional organization of certified industrial hygienists which has been in existence for at least five years and which has been established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience and examination requirements. The organization shall have the certifying examinations evaluated by a national testing service and shall maintain criteria that are at least the equivalent of the American Board of Industrial Hygiene.

      Any person who commits an unlawful practice under the consumer fraud act is subject to a penalty of not more than $7,500 for a first offense and not more than $15,000 for any subsequent offense.

      The bill originally made it an unlawful practice for any person who does not have an industrial hygienist education to advertise or hold himself out as an industrial hygienist, unless he provided a disclaimer, acceptable to the Division of Consumer Affairs, that he is not in compliance with the provisions of this bill. The committee amended the bill by removing this provision permitting a disclaimer.

      This bill was pre-filed for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.

      As reported by the committee, this bill is identical to Senate Bill No. 130 (1R).