Md. Code Regs. 09.12.24.07

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

Section 09.12.24.07 - Participation in SHARP and Pre-SHARP

A. Relocation and Change in Ownership.

(1) Eligibility for participation in SHARP and pre-SHARP may be affected by relocation and change in ownership.

(2) Employers planning to relocate their facilities within the State shall notify the consultation project manager in writing 60 days before the move and permit a MOSH consultation visit within 30 days after the move.

(3) If the requirements of §A(2) of this regulation are not met, the consultation project manager shall ask the employer to withdraw from SHARP or pre-SHARP.

(4) Employers undergoing ownership or other major organizational changes that may impact the safety and health management system shall discuss these changes with the consultation project manager who may schedule an on-site visit.

B. Inspection of SHARP or Pre-SHARP sites by MOSH may be triggered by:

(1) Imminent danger;

(2) Fatality or catastrophe;

(3) Formal complaints;

(4) Follow-up on a previously cited violation;

(5) Accident; or

(6) Referral from a MOSH safety compliance officer to a MOSH health compliance officer, or from a MOSH health compliance officer to a MOSH safety compliance officer.

C. SHARP Renewal. To renew for SHARP, an employer shall:

(1) Apply to the consultation project manager for SHARP renewal, in writing, within 180 days of expiration of the exemption status;

(2) Post a copy of the renewal request required in §C(1) of this regulation, and keep the notice posted until all hazards identified during the full service safety and health hazard assessment have been corrected;

(3) Establish that the employer has:

(a) Maintained or improved its safety and health management system through a safety and health management system assessment; and

(b) Completed a safety and health hazard assessment of all working conditions, equipment, and processes at the worksite conducted by the consultation project manager, or the consultation project manager's designee; and

(4) Continue to meet all the eligibility and qualifying criteria described in §C of this regulation, including calculating the site's injury and illness data using the appropriate method described in Regulations .05D, .08, and .09 of this chapter.

D. Voluntary Withdrawal from SHARP or Pre-SHARP.

(1) The consultation project manager shall give an employer that fails to maintain the eligibility criteria in Regulation .05C of this chapter the opportunity to voluntarily withdraw from SHARP. The consultation project manager shall give an employer that fails to maintain the eligibility criteria in Regulation .06 of this chapter the opportunity to voluntarily withdraw from pre-SHARP.

(2) An employer may withdraw from SHARP or pre-SHARP at any time.

(3) To withdraw from SHARP or pre-SHARP, the employer shall provide the consultation project manager with:

(a) A written notice of withdrawal; and

(b) The SHARP certificate, if the employer had been granted SHARP status.

(4) Withdrawal from SHARP or pre-SHARP is effective immediately upon the employer's compliance with §D(3) of this regulation.

(5) The consultation project manager shall notify the Commissioner of Labor and Industry of a SHARP or pre-SHARP withdrawal.

E. Termination from SHARP or Pre-SHARP.

(1) The Commissioner of Labor and Industry may terminate from SHARP an employer that fails to maintain the eligibility criteria in Regulation .05C of this chapter and fails to voluntarily withdraw from SHARP.

(2) The Commissioner of Labor and Industry may terminate from pre-SHARP an employer that fails to maintain the eligibility criteria in Regulation .06 of this chapter, and fails to voluntarily withdraw from pre-SHARP.

(3) Notice of termination shall:

(a) Be in writing;

(b) Contain the reasons for termination;

(c) Outline the requirements for reentry into the program; and

(d) Be sent to the employer.

Md. Code Regs. 09.12.24.07

Regulations .07 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 .07 repealed and new Regulation .07 adopted effective August 11, 2008 (35:16 Md. R. 1391)