Md. Code Regs. 09.12.24.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.24.05 - Recognition and Exemption

A. The recognition and exemption program shall be known as the Safety and Health Achievement Recognition Program (SHARP).

B. The authority to approve an employer for SHARP rests with the Commissioner of Labor and Industry.

C. To be eligible for consideration for participation in SHARP, an employer shall:

(1) Be a single, fixed worksite;

(2) Have at least 1 year of operating history, in order to have established a days away from work, days of restricted work activity, or job transfer (DART) Rate and a Total Recordable Case (TRC) Rate using the calculation formulas in Regulations .08 and .09 of this chapter;

(3) Have reduced the DART Rate and TRC Rate at the worksite to below the industry average using the method permitted in §D of this regulation and the calculation formulas in Regulations .08 and .09 of this chapter;

(4) Request, in writing, a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite and correct all hazards, including serious and other-than-serious hazards, identified by the MOSH consultant;

(5) Have implemented and maintained a safety and health management system, preferably in writing, that addresses, at a minimum, the major elements of the 1989 Safety and Health Program Management Guidelines;

(6) Score at least two on all 50 basic attributes of the Safety and Health Program Assessment Worksheet;

(7) Agree to notify the consultation project manager and request a subsequent on-site consultation visit when making any changes in working conditions or work processes that might introduce new hazards into the workplace;

(8) At the time the employer requests the complete safety and health hazard assessment, post a notice that it intends to participate in SHARP;

(9) Keep the notice required under §C(8) of this regulation posted until all hazards have been corrected; and

(10) Mutually agree with the consultation project manager on an achievement plan, which provides an outline for the continuous improvement of the employer's safety and health management system.

D. Injury and Illness Rates.

(1) Annual Rate Formula.

(a) The DART and TRC Rate calculations shall be based on the Occupational Safety and Health Act (OSHA) Form 300 information for the last full calendar year preceding the on-site evaluation using the annual rate formula in Regulations .08 and .09 of this chapter.

(b) The calculated DART and TRC Rates shall be compared against the most recently published Bureau of Labor Statistics (BLS) average rates for the industry.

(c) To qualify for SHARP, the employer's DART and TRC Rates shall be below the published BLS industry average rates.

(2) Three-Year Rate Formula.

(a) Employers not qualifying using the annual rate formula may qualify if:

(i) The employer has at least 3 years of operating history; and

(ii) The calculated average DART Rate, based on the OSHA Form 300 information for the most recent 3 full calendar years preceding the on-site evaluation, and the calculated average TRC Rate based on the OSHA Form 300 information for the most recent 3 full calendar years preceding the on-site evaluation are below the most recently published BLS national average rates for that industry.

(b) The calculations shall be made in accordance with the 3-year rate formula in Regulations .08 and .09 of this chapter.

(3) Best 3 Out of 4 Years Rate Calculation.

(a) Employers not qualifying with rates calculated in accordance with the annual rate formula or the 3-year rate formula are eligible to use the best 3 out of 4 years calculation method if:

(i) A hypothetical TRC Rate is calculated assuming two recordable injuries and using the hours worked at the site in the most recent calendar year; and

(ii) The hypothetical TRC Rate is equal to or higher than the BLS average rate for any of the 3 most recently published years for the employer's industry.

(b) Employers meeting the criteria under §D(3)(a)(i) and (ii) of this regulation may use the 3-year rate formula and the best DART and TRC Rates from 3 of the 4 years preceding the on-site evaluation.

(c) The calculation shall be made in accordance with the best 3 out of 4 years rate calculation method in Regulations .08 and .09 of this chapter.

(4) The Commissioner of Labor and Industry may approve SHARP status if an employer has rates equal to or slightly greater than the industry average after using the calculation methods set forth in §D(1), (2), and (3) of this regulation if:

(a) The employer is currently a SHARP participant;

(b) The employer has a score of at least two on all 50 basic attributes of the Form 33; and

(c) The employer qualifies for the rate calculation under §D(3)(a)(ii) of this regulation, but fails to meet either the DART or TRC Rate requirements.

E. To maintain participation in SHARP, an employer shall continue to meet the requirements described in §C of this regulation.

F. Employer sites meeting all of the SHARP criteria described in §C of this regulation may be approved for SHARP by the Commissioner of Labor and Industry.

G. Duration of SHARP Status and Exemption Period.

(1) The initial approval period and all renewals of SHARP status shall be for a period of up to 2 years, beginning from the date of approval by the Commissioner of Labor and Industry.

(2) SHARP employers are exempt from MOSH programmed inspections. The exemption period shall begin on the date that the Commissioner of Labor and Industry approves the employer's participation in SHARP.

(3) If the initial or renewal period is for 2 years, participating employers shall submit the following to the consultation project manager during the interim year:

(a) A copy of requested worksite OSHA 300 Logs;

(b) A copy of the worksite's injury and illness incident reports; and

(c) Information regarding the completion of items set forth in the achievement plan described in §C(10) of this regulation.

Md. Code Regs. 09.12.24.05

Regulations .05 adopted as an emergency provision effective March 29, 2002 (29:8 Md. R. 695); adopted permanently effective June 24, 2002 (29:12 Md. R. 926)
Regulation .05 amended effective August 11, 2008 (35:16 Md. R. 1391)