1. 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.

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

   1. (1) Meets the eligibility requirements of Regulation .05C(1) and (2) of this chapter;
   2. (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. (3) Shows reasonable promise of achieving milestones and time frames agreed upon with the consultation project manager;
   4. (4) Posts the list of hazards identified by the consultant;
   5. (5) Provides information on all serious hazards identified by the consultant to employees;
   6. (6) Corrects all serious and other-than-serious hazards identified by the consultant;
   7. (7) Informs employees when hazards are corrected;
   8. (8) Shows evidence of having the foundation of a safety and health management system;
   9. (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. (10) Provides progress reports on implementation of the action plan referred to in §B(9) of this regulation to the consultation project manager;
   11. (11) Posts a letter from the Commissioner of Labor and Industry approving pre-SHARP status;
   12. (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. (13) At sites having a recognized employee representative:

       1. (a) Notifies the recognized employee representative of the employer's intention to participate in SHARP and pre-SHARP; and
       2. (b) Involves the recognized employee representative in the process;
   14. (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. (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. (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.
3. 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.

Authority: Labor and Employment Article, §§2-106(b)(4), 5-312, and 5-328, Annotated Code of Maryland

Effective date: February 13, 1995 (22:3 Md. R. 153)

Regulations .03—.06 repealed and new Regulations .03—.08 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 .03 amended effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .05 amended effective August 11, 2008 (35:16 Md. R. 1391)

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

Regulation .07 repealed and new Regulation .07 adopted effective August 11, 2008 (35:16 Md.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

Regulation .08 repealed and new Regulation .08 adopted effective August 11, 2008 (35:16 Md. R. 1391)

Regulation .09 adopted effective August 11, 2008 (35:16 Md. R. 1391)