<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 09.12.24.07" title_num="09" subtitle_num="12" chapter_num="24" heading="Participation in SHARP and Pre-SHARP.">
  <paragraph num="A.">
    <text>Relocation and Change in Ownership.</text>
    <paragraph num="(1)">
      <text>Eligibility for participation in SHARP and pre-SHARP may be affected by relocation and change in ownership.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Inspection of SHARP or Pre-SHARP sites by MOSH may be triggered by:</text>
    <paragraph num="(1)">
      <text>Imminent danger;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Fatality or catastrophe;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Formal complaints;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Follow-up on a previously cited violation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Accident; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>SHARP Renewal. To renew for SHARP, an employer shall:</text>
    <paragraph num="(1)">
      <text>Apply to the consultation project manager for SHARP renewal, in writing, within 180 days of expiration of the exemption status;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Establish that the employer has:</text>
      <paragraph num="(a)">
        <text>Maintained or improved its safety and health management system through a safety and health management system assessment; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Voluntary Withdrawal from SHARP or Pre-SHARP.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An employer may withdraw from SHARP or pre-SHARP at any time.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>To withdraw from SHARP or pre-SHARP, the employer shall provide the consultation project manager with:</text>
      <paragraph num="(a)">
        <text>A written notice of withdrawal; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The SHARP certificate, if the employer had been granted SHARP status.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Withdrawal from SHARP or pre-SHARP is effective immediately upon the employer's compliance with §D(3) of this regulation.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The consultation project manager shall notify the Commissioner of Labor and Industry of a SHARP or pre-SHARP withdrawal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Termination from SHARP or Pre-SHARP.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notice of termination shall:</text>
      <paragraph num="(a)">
        <text>Be in writing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Contain the reasons for termination;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Outline the requirements for reentry into the program; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Be sent to the employer.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>