DEPARTMENT OF LICENSING AND REGULATORY AFFAIRSLABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH STANDARD

 
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, 16, 19, 21, and 24 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014, 408.1016, 408.1019, 408.1021, and 408.1024, and Executive Reorganization Order 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 325.51501 of the Michigan Administrative Code areis amended, as follows:
 

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH STANDARD

PART 307. ACRYLONITRILE

R 325.51501. Scope, applicability, adoption, and availability of standards.  

  Rule 501. (1) The rules in this part apply to all occupational exposures to acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as provided in subrules (2) and (3) of this rule.

  (2) The rules in this part do not apply to exposures that result solely from the processing, use, and handling of the following materials:

  (a) Acrylonitrile-butadiene-styrene (ABS) resins, Styreneacrylonitrile (SAN) resins, nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers in the form of finished polymers, including products fabricated from such finished polymers.

  (b) Materials made from or containing AN, or both, for which objective data is reasonably relied upon to demonstrate that the material is not capable of releasing AN in airborne concentrations of more than 1 part per million (ppm) as an 8-hour, time-weighted average under the expected conditions of processing, use, and handling that cause the greatest possible release.

  (c) Solid materials made from or containing AN, or both, that will not be heated above 170 degrees Fahrenheit during handling, use, or processing.

  (3) An employer who relies on the exemption in subrule (2)(b) of this rule shall maintain records of the objective data supporting that exemption and of the basis of the employer’s reliance on the data, as provided in 29 CFR 1910.1045(q), which is adopted by reference in subrule (4) of this rule.

  (4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:

    (a) 29 CFR 1910.1045, “Acrylonitrile,” as amended March 26, 2012May 14, 2019.

    (b) 29 CFR 1910.1045, appendix A “Substance safety data sheet for acrylonitrile,” as amended January 8, 1998.

    (c) 29 CFR 1910.1045, appendix B “Substance technical guidelines for acrylonitrile,” as in effect as of the effective date of these rules.

    (d) 29 CFR 1910.1045, appendix C “Medical surveillance guidelines for acrylonitrile,” as in effect as of the effective date of these rules.

    (e) 29 CFR 1910.1045, appendix D “Sampling and analytical methods for acrylonitrile,” as amended February 13, 1996.

  (5) A reference to 29 CFR 1910.132, and 1910.133 means all of the following:

    (a) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.”

    (b) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment.”

  (6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. “Hazard Communication.”

  (7) A reference to 29 CFR 1910.134 means Occupational Health Standard General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.”

  (8) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

  (9) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.”

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

  (11) 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.

  (12) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory AffairsLabor and Economic Opportunity, MIOSHA, Regulatory ServicesStandards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.

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

  (14) The following Michigan Occupational Safety and Health Administrationoccupational safety and health administration (MIOSHA) standards are referenced in these rules.  Up to 5 copies of these standards may be obtained at no charge from the Department of Licensing and Regulatory AffairsLabor and Economic Opportunity, MIOSHA, Regulatory ServicesStandards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards.  For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.

    (a) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.4725.

    (b) General Industry Safety and Health Standard Part 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.

    (c) General Industry Safety and Health Standard Part 433. “Personal Protective Equipment,” R 325.60001 to R 325.60013.

    (d) General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

    (e) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.

    (f) Occupational HealthGeneral Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.