Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-23-5 - Tier Two: Target Program Employer5.1. Notification. The commission shall notify all employers whose performance criteria falls within the target program employer classification. The commission shall include in such notification an analysis of the occupational injuries and diseases incurred by the employer and a list of qualified safety consultants and agencies.5.2. Seminar. All target program employers must attend a seminar on basic safety programs sponsored or approved by the commission.5.3. Joint Safety Committee. All target program employers shall establish a joint labor and management safety committee.5.3.1. An employer that is a member of a multi-employer group operating under a collective bargaining agreement that contains provisions regulating the formation and operation of a safety committee that meets or exceeds the minimum requirements of this rule shall be considered to have met the requirements of this rule.5.4. Plan. Within sixty (60) days of the target program employer notification of classification, all target program employers shall submit a plan to the commission, detailing the manner in which they will comply with the requirements to establish a joint labor and management safety committee and improve workplace safety. 5.4.1. Within sixty (60) days of receipt, the commission shall review the target program employer's plan and notify the employer of any required changes.5.5. Reports. All target program employers shall submit quarterly reports to the commission detailing the activities of the safety committee. The report shall provide the number of meetings held during the quarter, copies of the minutes of the joint labor and management safety committee, and results of facility inspections. 5.5.1. Quarterly reports shall be due on or before the last day of the month following the end of the quarter.5.5.2. The target program employer shall provide a copy of each report required under this section to all bargaining units representing the employees and to the joint labor and management safety committee established under this section.5.6. Inspections. All target program employers shall be subject to inspection by authorized safety representatives contracted by or employed by the commission. The authorized safety representative may enter and inspect any target program employer's property, premises, or place on or at which employees are located at any reasonable time for the purpose of ascertaining the cause of employment injury trends and the remedial action necessary to reduce such injury trends. No person shall refuse entry or access to any authorized safety representative of the commission who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection: Provided, that nothing contained herein eliminates any obligation to follow any process that may be required by law. 5.6.1. Within thirty (30) days following the completion of any inspection performed pursuant to this subsection, the authorized safety representative shall prepare a report regarding the findings of the inspection. The authorized safety representative shall provide a copy of each report required under this subsection to the target program employer and to all bargaining units or bargaining agents representing the employees.5.7. Reclassification. The commission shall review the employer's performance criteria at the conclusion of each review period. Such review shall be completed within thirty (30) days following the receipt of the employer's quarterly report for the second quarter of each review period. 5.7.1. When an employer's performance criteria is below the evaluation criteria for a target program employer for two (2) consecutive review periods, the employer shall no longer be classified as a target program employer. If the employer's evaluation criteria meets the requirements for classification as a focus program employer, the employer shall meet the reporting requirements for a focus program employer.5.7.2. If the employer's performance criteria is below the evaluation criteria for a focus program employer, the employer shall not be subject to further review, so long as the employer's performance criteria remains below the evaluation criteria for a focus program employer.5.7.3. The target program employer must show measurable continued safety improvement to continue as a target program employer. If measurable safety improvement is not made over three review periods, the employer shall be reclassified subject to the discretion of the commission under section eight, as a tier three employer.5.8. Notification of reclassification. The commission shall notify all employers who are reclassified as tier three employers under these provisions. The notification shall include the reason for such reclassification as well as that material required under the notice provisions for a tier three employer.