Industrial Hygienist Truth in Advertising Act

NJSA 56:8-81, Short title;
L.1996, c. 130, 1, eff. Dec. 5, 1996.

56:8-81. Short title; Industrial Hygienist Truth in Advertising Act

This act shall be known and may be cited as the “Industrial Hygienist Truth in Advertising Act.”

56:8-82. Legislative findings and declaration

The Legislature finds and declares that it is necessary to provide assurance to the public that individuals who represent themselves as being involved in the profession of industrial hygiene have met certain qualifications.

56:8-83. Definitions

As used in this act:

“Accredited college or university” means a college or university that is accredited by one of the following six regional accrediting agencies: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and Schools, or Western Association of Schools and Colleges. A college or university that is located outside of the United States will be considered on the basis of its accreditation status in the education system that has jurisdiction.

“Certified industrial hygienist” or “CIH” means a person who has met the education, experience, and examination requirements of an industrial hygiene certification organization and whose certification has not lapsed or been revoked.

“Certified industrial hygienist in training” or “CIHIT” is a person who has received the designation industrial hygienist in training from an industrial hygiene certification organization and whose certification has not lapsed or been revoked.

“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.

“Industrial hygiene” means 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.

“Industrial hygiene certification organization” means 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 its 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.

“Industrial hygienist” means a person who has an industrial hygienist education as defined in this section.

“Industrial hygienist education” means 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 in courses offered 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.

56:8-84. Unlawful practices

a. It shall be an unlawful practice for any person to advertise or hold himself out as a certified industrial hygienist in training or “CIHIT”, or as a certified industrial hygienist or “CIH”, unless that person is certified by an industrial hygiene certification organization.

b. It shall be an unlawful practice for any person who does not have an industrial hygienist education to advertise or hold himself out as an industrial hygienist.

56:8-85. Persons not covered

This act shall not apply to:

a. A person employed as an apprentice under the supervision of an industrial hygienist, certified industrial hygienist in training or certified industrial hygienist; or

b. A student studying industrial hygiene engaging in supervised activities related to industrial hygiene.