(a) In evaluating an employer's application for participation in the Program, the Commissioner may conduct an on-site evaluation of the employer's place of employment.

(b) After the approval of an employer's application for participation, the employer's continued participation in the Program is contingent on the employer's compliance with the regulations adopted by the Commissioner under § 5-1004 of this subtitle, as determined by periodic on-site evaluations by the Commissioner.

(c) Except as provided in subsection (d) of this section, during the period in which the employer is a participant in the Program, the employer's place of employment is exempt from occupational safety and health inspections conducted by the Commissioner under Title 5, Subtitle 2 of this article, to the extent allowed by federal law and regulations.

(d) Notwithstanding an employer's participation in the Program, a place of employment is not exempt from inspections or investigations that arise from complaints, referrals, catastrophes, fatalities, accidents, or significant toxic chemical releases.