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Occupational Disease Reporting Requirements

Physicians, Advanced Practice Nurses, and
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New Jersey Administrative Code
Title 8. NJ Department of Health
Chapter 58. Reportable Occupational and Environmental Diseases,
Injuries, and Poisonings
Effective Date: April 6, 2009
Expiration date: March 10, 2014

SUBCHAPTER 1. Occupational and Environmental Diseases, Injuries, and Poisonings

8:58-1.5  Health care provider reporting requirements
8:58-1.6  Confidentiality
8:58-1.7  Penalties

8:58-1.5 Health care provider reporting of occupational and environmental diseases, injuries, and poisonings

(a) The health care provider attending any person who is ill or diagnosed with any of the diseases, injuries, or poisonings listed in (b) below shall, within 30 days after diagnosis or treatment, report such condition to the Department.

  1. The health care provider may delegate these reporting activities to a member of the staff, but this delegation does not relieve the health care provider of the ultimate reporting responsibility.

(b) The health care provider shall report the following diseases, injuries, and poisonings to the Department for purposes of this section in the manner prescribed by (c) below:

  1. Asbestosis;

  2. Silicosis;

  3. Pneumoconiosis, other and unspecified;

  4. Work-related asthma: possible, probable, and confirmed;

  5. Extrinsic allergic alveolitis;

  6. Lead toxicity, adult (defined as blood lead greater or equal to 25 micrograms per deciliter; urine lead greater or equal to 80 micrograms per liter);

  7. Arsenic toxicity, adult (defined as blood arsenic greater or equal to .07 micrograms per milliliter; urine arsenic greater or equal to 100 micrograms per liter;

  8. Mercury toxicity, adult (defined as blood mercury greater or equal to 2.8 micrograms per deciliter; urine mercury greater or equal to 20 micrograms per liter);

  9. Cadmium toxicity, adult (defined as blood cadmium greater or equal to five micrograms per liter of whole blood; urine cadmium greater or equal to three micrograms per gram creatinine);

  10. Pesticide toxicity;

  11. Work-related injuries in children (under age 18);

  12. Work-related fatal injuries;

  13. Occupational dermatitis;

  14. Work-related carpal tunnel syndrome; and

  15. Poisoning caused by known or suspected occupational exposure.

(c) The health care provider shall report any other occupational disease, not already specified in (b) above, that in his or her professional opinion occurs as a result of work or occupational activity and is a threat to worker health.

(d) The health care provider shall report the information required pursuant to (a) above using the Occupational and Environmental Disease, Injury, or Poisoning Report by Health Care Provider form (OCC-31), available in the chapter Appendix.

(e) The Department may require a health care provider to submit additional information after receipt of a specific report if information is missing or other information is necessary to carry out its public health mandate in accordance with the purposes of this chapter.

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8:58-1.6 Confidentiality

(a) The reports and forms submitted to the Department pursuant to this chapter contain demographic and medical information related to the Department's investigations and epidemiological studies of occupational and environmental diseases, injuries, and poisonings and shall not be considered "government records" subject to public access or inspection within the meaning of N.J.S.A. 47:1A-1 et seq. and shall be deemed:

  1. "Information relating to medical history, diagnosis, treatment, or evaluation" within the meaning of Executive Order No. 26, 4(b)1 (McGreevey, August 13, 2002);

  2. "Records concerning morbidity, mortality and reportable diseases of named persons required to be made, maintained or kept by any State or local governmental agency" within the meaning of Executive Order No. 9, 2(c) (Hughes, September 30, 1963); and/or

  3. Information "for use in the field of forensic pathology or for use in medical or scientific education or research" pursuant to N.J.S.A. 47:1A-1.1.

(b) The Department, and such other agencies as the Commissioner may designate, shall use the reports submitted pursuant to this chapter to carry out mandated duties, including the duty to control and suppress occupational and environmental diseases, injuries, and poisonings.

(c) Medical and epidemiologic information, which the Department gathers in connection with an investigation of a reportable disease, injury or poisoning and which identifies an individual, is confidential and not open to public inspection without the individual's consent, except as may be necessary to carry out the Department's duties to protect the public health.

(d) The Department may disclose medical and epidemiologic information collected pursuant to this chapter in statistical or other form, which does not disclose the identity of any individual.

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8:58-1.7  Penalties

(a) Any hospital administrator or health care provider that violates any provision of this chapter shall be subject to the penalties established at N.J.S.A. 26:1A-10.

  1. Each violation of any provision of this chapter shall constitute a separate offense.

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