SENATE CONCURRENT RESOLUTION No. 93
STATE OF NEW JERSEY
INTRODUCED OCTOBER 3, 1996
By Senator BRYANT
A Concurrent Resolution urging the Congress of the United States to require bi-state agencies to comply with the worker safety statutes of the states that are signatories to the compact creating the agency.
Whereas, The safety and health of employees in the workplace is a public concern, and all employees should be provided with safe and healthful work environments free of known hazards; and
Whereas, Personal injuries and illnesses arising out of work situations may result in the loss of wages and increased medical expenses for employees, and in decreased productivity and increased workers' compensation expenses for employers; and
Whereas, The federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) was enacted to protect employees of those employers affecting commerce, and to provide such employees with safe and healthy work environments; and
Whereas, In 1983, the New Jersey Legislature acted to protect the safety and health of public employees in the same manner as other employees covered by the federal Occupational Safety and Health Act of 1970 by enacting the New Jersey Public Employees' Occupational Safety and Health Act, P.L. 1983, c.516; and
Whereas, The federal Occupational Safety and Health Act of 1970 defines "employer" as a "person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State" (29 U.S.C. 652), and depending on the facts in the particular situation, entities like port authorities and other bi-state agencies or authorities (hereinafter "bi-state agencies") may be excluded from the requirements of this federal worker safety statute; and
Whereas, The definition of "employer" contained in the New Jersey Public Employees' Occupational Safety and Health Act excludes bi-state agencies from the definition of "employer;" and
Whereas, Bi-state agencies are generally characterized as a single agency of government of the states which are party to the compact approved by Congress and not subject to the unilateral action of one state, and one party to an interstate compact may not enact legislation which imposes burdens upon an interstate agency without the consent of the other signatories to the compact; and
Whereas, Although it would be possible to address worker safety issues at the state level if all parties to an interstate compact were subject to substantively identical occupational health and safety laws, it may be difficult however for signatory states to a compact to enact statutes in substantively identical form, which amend the compact and which statutes may also require approval by Congress; and
Whereas, Employees of bi-state agencies should be entitled to the same protections afforded other public employees in the states the interstate agency serves; and
Whereas, It is appropriate to urge Congress to require bi-state agencies to comply with the worker safety statutes of the states subject to the compact to protect the employees of bi-state agencies in the same manner as other employees of the involved states; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature of the State of New Jersey urges the Congress of the United States to require bi-state agencies to comply with the worker safety statutes of the states that are signatories to the compact creating the agency.
2. Duly authenticated copies of this resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the presiding officers of the United States Senate and House of Representatives, the chairs of the appropriate standing committees of Congress, and each member of Congress elected thereto from New Jersey.
STATEMENT
This concurrent resolution urges the Congress of the United States to require bi-state agencies to comply with the worker safety statutes of the states that are signatories to the compact creating the agency. This would help protect the safety and health of employees of bi-state agencies in the same manner as other employees of the involved states are protected.
Urges Congress to require bi-state agencies to comply with worker safety laws.