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 325.51601 of the Michigan Administrative Code is amended, as follows:
 

PART 308. INORGANIC ARSENIC

R 325.51601 Scope, applicability, adoption, and availability of standards. 

Rule 601. (1) These rules apply to all occupational exposures to inorganic arsenic, except that they do not apply to employee exposures in agriculture or resulting from pesticide application, the treatment of wood with preservatives, or the utilization of arsenically preserved wood.

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

    (a) 29 CFR 1910.1018 “Inorganic arsenic,” as amended March 26, 2012May 14, 2019.

    (b) 29 CFR 1910.1018, appendix A “Inorganic arsenic substance information sheet,” as amended June 18, 1998 May 14, 2019.

    (c) 29 CFR 1910.1018, appendix B “Substance technical guidelines,” as in effect as of the effective date of these rules.

    (d) 29 CFR 1910.1018, appendix C “Medical surveillance guidelines,” as amended January 5, 2005 May 14, 2019.

  (3) A reference to 29 CFR 1910.133 means General Industry Safety and Health Standard Part 33. “Personal Protective Equipment.,” R 408.13301 to R 408.13398.

  (4) A reference to 29 CFR 1910.134 means Occupational HealthGeneral Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection.,” R 325.60051 to R325.60052.

  (5) A reference to 29 CFR 1910.141 means General Industry Safety and Health Standard Part 474. “Sanitation.,” R 325.47401 to 325.47425.

(6) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.,” R 325.3451 to R 325.3476.

  (7) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. “Hazard Communication.,” R 325.77001 to R 325.77004.

  (8) 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.

  (9) 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. 

  (10) 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.  

  (11) 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.

  (12) 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, at the time of adoption of these rules, is 4 cents per page.

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

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

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

    (d) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.

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