Regulation .06 Pre-SHARP Status.
Regulation .06 Pre-SHARP Status.LinkCopy Citation
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.