09.12.24.06

.06 Pre-SHARP Status.

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.