In this subtitle, “Program” means the Voluntary Protection Program established under § 5–1002 of this subtitle.

There is a Voluntary Protection Program in the Division of Labor and Industry. Under the Program, the Commissioner shall recognize employers with places of employment in which an exemplary, voluntarily implemented worker safety and health management system has been implemented that exceeds basic compliance with occupational safety and health laws and regulations. The purpose of the Program is to encourage participating employers to have exemplary worker safety and health programs. An employer who wishes to participate in the Program shall submit an application to the Commissioner for approval. The Commissioner shall establish the contents of the application form, as well as other documentation that the Commissioner may require.

In evaluating an employer’s application for participation in the Program, the Commissioner may conduct an on–site evaluation of the employer’s place of employment. After the approval of an employer’s application for participation, the employer’s continued participation in the Program is contingent on the employer’s compliance with the regulations adopted by the Commissioner under § 5–1004 of this subtitle, as determined by periodic on–site evaluations by the Commissioner. Except as provided in subsection (d) of this section, during the period in which the employer is a participant in the Program, the employer’s place of employment is exempt from occupational safety and health inspections conducted by the Commissioner under Title 5, Subtitle 2 of this article, to the extent allowed by federal law and regulations. Notwithstanding an employer’s participation in the Program, a place of employment is not exempt from inspections or investigations that arise from complaints, referrals, catastrophes, fatalities, accidents, or significant toxic chemical releases.

The Commissioner shall adopt regulations to implement the Program. The regulations adopted in accordance with subsection (a) of this section shall include requirements for: evidence of senior management leadership in the area of occupational safety and health, along with active and meaningful employee involvement; comprehensive hazard prevention, mitigation, and control programs; systematic assessment of occupational hazards; employee safety and health training; and safety and health program evaluation.