23-432. Voluntary protection and other model system implementation programs; exemption; program termination

A. The division shall adopt definitions, regulations and standards necessary for the operation of the program in a manner that will promote safe and healthy workplaces throughout this state. Standards for the program shall include the following requirements for participation:

1. Upper management leadership and active and meaningful employee involvement.

2. Systematic assessment of occupational hazards.

3. Comprehensive hazard prevention, mitigation and control programs.

4. Employee safety and health training.

5. Safety and health program evaluation by the division to ensure that a workplace continuously meets the standards and regulations.

B. Applications for participation in the program shall be submitted by the workplace's management. Applications shall include documentation establishing to the satisfaction of the division that the employer meets all requirements for program participation.

C. The division shall provide for on-site evaluations by the division's consultation section of each workplace that has applied to participate in the program to determine that the applicant's workplace complies with the requirements for program participation.

D. A workplace's continued participation in the program is conditioned on compliance with the requirements for program participation, as determined by periodic, planned on-site evaluations by the division.

E. During periods in which a workplace is a program participant, the workplace is exempt from inspections or investigations under section 23-408. This exception does not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents or significant toxic chemical releases.

F. Any workplace that was a participant in the uncodified voluntary protection program or any other program that implements a model system conducted by the division before August 9, 2017 may continue as a participant in the program established pursuant to this section. Beginning on August 9, 2017, the continued participation by such a workplace in the program is conditioned on the workplace's compliance with the requirements for program participation adopted by the division.

G. The program established by this section ends on July 1, 2027 pursuant to section 41-3102.