(1) All employers having more than five employees must have a comprehensive and effective safety program. In making the determination of employment levels, the employer shall count all regular, temporary, leased and seasonal workers under the employer's direction and control. This rule applies whenever there are more than five employees, and continues in effect until the number of employees is less than six for three consecutive months.

(2) This comprehensive and effective safety program must include all of the mandatory elements contained in ARM 24.30.2521 (although it need not necessarily include all of the recommended items contained in that rule) and must also include, but need not be limited to:

(a) policies and procedures that assign specific safety responsibilities and safety performance accountability. The department recommends these policies and procedures:

(i) include a statement of top management commitment to the safety program;

(ii) encourage and motivate employee involvement in the safety program;

(iii) define safety responsibilities for managers, safety personnel, supervisors and employees;

(iv) be reflected in job descriptions and performance evaluations, if they exist; and

(v) be communicated and accessible to all employees; and

(b) procedures for reporting, investigating and taking corrective action on all work-related incidents, accidents, injuries, illnesses and known unsafe work conditions or practices. The department recommends these procedures be nonpunitive and that they include, but need not be limited to:

(i) provisions for timely and effective reporting, investigating and for taking corrective action;

(ii) recommendations and follow-up for corrective action;

(iii) documentation;

(iv) signature requirements for reports, investigations and corrective action; and

(v) periodic evaluation of the procedure's effectiveness.