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<regulation prefix="Regulation" num=".06" citation="COMAR 09.12.24.06" title_num="09" subtitle_num="12" chapter_num="24" heading="Pre-SHARP Status.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Pre-SHARP status may be granted to an employer that:</text>
    <paragraph num="(1)">
      <text>Meets the eligibility requirements of Regulation .05C(1) and (2) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Shows reasonable promise of achieving milestones and time frames agreed upon with the consultation project manager;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Posts the list of hazards identified by the consultant;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Provides information on all serious hazards identified by the consultant to employees;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Corrects all serious and other-than-serious hazards identified by the consultant;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Informs employees when hazards are corrected;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Shows evidence of having the foundation of a safety and health management system;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Implements the action plan developed by the consultant outlining the necessary achievement and time frames required for the employer to achieve SHARP status;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Provides progress reports on implementation of the action plan referred to in §B(9) of this regulation to the consultation project manager;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Posts a letter from the Commissioner of Labor and Industry approving pre-SHARP status;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Involves employees in the safety and health management system, including implementation of the action plan referred to in §B(9) of this regulation;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>At sites having a recognized employee representative:</text>
      <paragraph num="(a)">
        <text>Notifies the recognized employee representative of the employer's intention to participate in SHARP and pre-SHARP; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Involves the recognized employee representative in the process;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>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</text>
    </paragraph>
    <paragraph num="(16)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
</regulation>