§ 95-136.1. Special emphasis inspection program.
§95‑136.1. Special emphasis inspection program.
(a) As used in thissection, a "special emphasis inspection" is an inspection by theDepartment's occupational safety and health division that is scheduled becauseof an employer's high frequency of violations of safety and health laws orbecause of an employer's high risk or high rate of work‑relatedfatalities or work‑related serious injuries or illnesses.
(b) The Departmentshall develop and implement a special emphasis inspection program that targetsfor special emphasis inspection employers who:
(1) Have a high rate ofserious or willful violations of any standard, rule, order, or otherrequirement under this Article, or of regulations prescribed pursuant to theFederal Occupational Safety and Health Act of 1970, in a one‑year period;
(2) Have a high rate ofwork‑related deaths, or a high rate of work‑related seriousinjuries or illnesses, in a one‑year period; or
(3) Are engaged in atype of industry determined by the Department to be at high risk for serious orfatal work‑related injuries or illnesses.
(4) Repealed by SessionLaws 1997‑443, s. 17(b).
To identify an employer for aspecial emphasis inspection, the Department shall use the most current dataavailable from its own database and from other sources, including Statedepartments, divisions, boards, commissions, and other State entities. TheDepartment shall ensure that every employer targeted for a special emphasisinspection is inspected at least one time within the two‑year periodfollowing targeting of the employer by the Department. The Department shallupdate its special emphasis inspection records at least annually.
(c) The Director shallmake information about the special emphasis inspection program available priorto the date of implementation of the program.
(d) The Departmentshall by March 1, 1995, and annually thereafter, report to the JointLegislative Commission on Governmental Operations and the Fiscal ResearchDivision of the General Assembly on the impact of the special emphasis inspectionprogram on safety and health compliance and enforcement. (1991(Reg. Sess., 1992), c. 924, s. 1; 1997‑443, s. 17(b).)