Md. Code Regs. 09.12.24.06

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.12.24.06 - Pre-SHARP Status

A. Employers that do not meet the SHARP requirements, but that exhibit a reasonable promise of achieving agreed upon milestones and time frames for SHARP participation, may be granted pre-SHARP status by the Commissioner of Labor and Industry.

B. Pre-SHARP status may be granted to an employer that:

(1) Meets the eligibility requirements of Regulation .05C(1) and (2) of this chapter;

(2) Requests, in writing, a safety and health management system assessment, and a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite;

(3) Shows reasonable promise of achieving milestones and time frames agreed upon with the consultation project manager;

(4) Posts the list of hazards identified by the consultant;

(5) Provides information on all serious hazards identified by the consultant to employees;

(6) Corrects all serious and other-than-serious hazards identified by the consultant;

(7) Informs employees when hazards are corrected;

(8) Shows evidence of having the foundation of a safety and health management system;

(9) Implements the action plan developed by the consultant outlining the necessary achievement and time frames required for the employer to achieve SHARP status;

(10) Provides progress reports on implementation of the action plan referred to in §B(9) of this regulation to the consultation project manager;

(11) Posts a letter from the Commissioner of Labor and Industry approving pre-SHARP status;

(12) Involves employees in the safety and health management system, including implementation of the action plan referred to in §B(9) of this regulation;

(13) At sites having a recognized employee representative:

(a) Notifies the recognized employee representative of the employer's intention to participate in SHARP and pre-SHARP; and

(b) Involves the recognized employee representative in the process;

(14) Agrees to a complete safety and health hazard assessment of all working conditions, equipment, and processes at the worksite at the end of the pre-SHARP period;

(15) Notifies the Commissioner of Labor and Industry before making any changes in working conditions or work processes that might introduce new hazards into the workplace; and

(16) Demonstrates the capability of reducing the site's DART Rate and TRC Rate to below the industry national average within the pre-SHARP period using the calculation formulas in Regulations .08 and .09 of this chapter.

C. An employer meeting the requirements of §B(1)-(16) of this regulation may be granted a deferral from MOSH programmed inspections by the Commissioner of Labor and Industry while working to achieve SHARP status. The period of deferral, including extensions, may not exceed a total of 18 months from the expiration of the correction due date or due dates, including extensions.

Md. Code Regs. 09.12.24.06

Regulations .06 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 .06 amended effective August 11, 2008 (35:16 Md. R. 1391)