DEPARTMENT OF LICENSING AND REGULATORY AFFAIRSLABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

Occupational Health CONSTRUCTION SAFETY AND HEALTH standards

Filed with the secretary of state on

These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of licensing and regulatory affairslabor and economic opportunity by sections 14 and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014 and 408.1024; and Executive Reorganization Orders Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, and 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025 and 445.2030, and 125.1998)

R 325.51301 of the Michigan Administrative Code areis amended, and R 325.51302 is rescinded, as follows:

PART 602. ASBESTOS STANDARDS FOR CONSTRUCTION

R 325.51301 Scope and applicationScope, application, and adoption by federal standards.

  Rule 1. (1) These rules apply to all construction work as defined by the Michigan Occupational Safety and Health Actoccupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to 408.1094. Construction work includes, but is not limited to, all of the following:

  (a) Demolition or salvage of structures where asbestos is present.

  (b) Removal or encapsulation of materials containing asbestos.

  (c) Construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof that contain asbestos.

  (d) Installation of products containing asbestos.

  (e) Asbestos spill or emergency cleanup.

  (f) The transportation, disposal, storage, or containment of, and housekeeping activities involving, asbestos or products containing asbestos on the site or location at which construction activities are performed.

  (2) Coverage under these rules shall be based on the nature of the work operation involving asbestos exposure.

  (3) The federal Occupational Safety and Health Administration (OSHA) regulations on occupational exposure to asbestos that have been promulgated by the United States Department of Labor and codified at 29 CFR 1926.1101, “Asbestos,” as amended May 14, 2020, are adopted in these rules.

  (4) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan occupational safety and health act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094.

  (5) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.

  (6) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

  (7)  The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 W. Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.

R 325.51302 Adoption by reference of federal standardRescinded.

Rule 2. (1) The federal occupational safety and health administration’s regulations on occupational exposure to asbestos that have been promulgated by the United States department of labor and codified at 29 C.F.R. §1926.1101, “Asbestos Standards for Construction,” as amended March 26, 2012, are adopted in these rules.

   (2) The adopted federal regulations have the same force and effect as a rule promulgated under the Michigan Occupational Safety and Health Act (MIOSHA) 1974 PA 154, MCL 408.1001 to 408.1094.

   (3) The adopted federal regulations are available without cost as of the time of adoption of these rules from the United States Department of Labor, OSHA, 315 West Allegan, Room 315, Lansing, Michigan 48933, or from the Michigan

Department of Licensing and Regulatory Affairs, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan 48909-8143, or via the internet at website www.osha.gov.