Construction Code Inspector Apprentice, CSC Docket No. 2026-2672

BackgroundThe Division of Agency Services (Agency Services) requests the establishment of the noncompetitive title Construction Code Inspector Apprentice, Mining for use by the Department of Labor and Workforce Development (DLWD) in accordance with N.J.A.C. 4A:3-1.2.1

By way of background, Agency Services presents that the DLWD requests the establishment of the Construction Code Inspector Apprentice, Mining noncompetitive title for the purposes of creating a career pathway into the current standalone title Construction Code Inspector 2, Mining (55356C), which is currently restricted for use by the DLWD. It indicates that the Construction Code Inspector 2, Mining title currently requires seven years of experience in explosives with four years’ experience in mining which has resulted in recruitment challenges for the department over many years. Specifically, there have been instances in which multiple postings yielded few or no qualified applicants, or applicants who did not possess the required specialized experience.

1 Agency Services also requests the establishment of the competitive title Construction Code Inspector

1, Mining. It is not necessary for the Civil Service Commission (Commission) to formally act on Agency Services’ establishment of competitive titles since these functions have specifically been delegated to the Chairperson of the Commission or the designee by N.J.A.C. 4A:3-3.3, which, in this case, is Agency Services. See, e.g., In re Changes in the State Classification Plan, 460 N.J. Super. 358 (App. Div. 2019). However, N.J.A.C. 4A:3-1.2(c) specifically requires the Commission to determine if a title should be placed in the noncompetitive division of the career service.

Agency Services notes that there are currently no other existing job titles within State service that would serve as an introductory or ground level entry position that would provide a pathway to Construction Code Inspector 2, Mining. It states that establishing an apprentice title would allow an employee to learn on-the- job and to eventually advance through the series. Agency Services provides that appointees at the apprentice level will learn to perform various tasks, including but not limited to inspecting mines and blasting sites to ensure the safety and health of workers; inspecting locations where explosives are sold, transported, and stored to ensure activities comply with the New Jersey Explosives Act; measuring distances, preparing sketches, photographs and operating instruments to determine compliance with regulations; and gathering evidence.

Agency Services opines that competitive testing is not practicable in this situation due to the knowledge, skills, and abilities associated with the job. It indicates that this is an entry-level apprentice title, which is intended to provide on- the-job training. Agency Services notes that a competitive title, Construction Code Inspector 1, Mining will be established alongside the apprentice title to serve as the journeyman level within the series and a draft title specification has been developed to accommodate this request. Agency Services states that the appropriate negotiations representatives have been notified and there was no reply objecting to the request. Finally, Agency Services requests that the effective date for the requested action be the beginning of the first pay period following the Commission’s approval.

CONCLUSION

RuleN.J.A.C. 4A:3-3.2(a) provides that the Commission shall establish and maintain classification plans for all job titles in the career, senior executive and unclassified services. Additionally, N.J.A.C. 4A:3-3.3(a)2 provides that this agency shall implement and administer the classification plans and, in this regard, shall establish new titles, abolish unnecessary titles and consolidate titles.

N.J.A.C. 4A:3-1.2(c) provides that a job title may be placed in the noncompetitive division on an ongoing or interim basis when it is determined by the Commission that it is appropriate to make permanent appointments to the title and one or more of the following criteria are met:

1. Competitive testing is not practicable due to the nature of the knowledge, skills, and abilities associated with the job;

Analysis2. Certification procedures based on ranked eligible lists have not or are not likely to meet the needs of appointing authorities due to such factors as salary, geographic location, recruitment problems and working conditions; or

3. There is a need for immediate appointments arising from a new legislative program or major agency reorganization.

Based on the foregoing, ample reasons exist for the establishment of the subject title and its allocation to the noncompetitive division based on N.J.A.C. 4A:3-1.2(c)1. In this regard, Construction Code Inspector Apprentice, Mining is an entry-level title and is intended to provide on-the-job training. Incumbents will gain the necessary skillset during the training period. Additionally, incumbents would be required to complete a working test period prior to attaining permanent status. See N.J.A.C. 4A:4-5.1(b) and N.J.A.C. 4A:4-5.2(b)1. Accordingly, competitive testing is impracticable for this title.

ORDER

Therefore, it is ordered that this request be granted, and the title of Construction Code Inspector Apprentice, Mining be established. It is further ordered that the Construction Code Inspector Apprentice, Mining title be allocated to the noncompetitive division of the career service. This action shall be effective the beginning of the first pay period following the issue date of this decision.

ClosingThis is the final administrative determination in this matter. Any further review should be pursued in a judicial forum.