Industrial Hygenist 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been revoked.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.