DEPARTMENT OF LICENSING
AND REGULATORY AFFAIRSLABOR AND ECONOMIC OPPORTUNITY
DIRECTOR'S OFFICE
GENERAL INDUSTRY SAFETY AND HEALTH STANDARD
Filed with the secretary of state on
These rules become
effective 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, and2011‑4, and
2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030,
and 125.1998)
R
325.34001 of the Michigan Administrative Code is amended, and R 325.34005
and R 325.34010 are rescinded to the Michigan Administrative Code, as
follows:
PART 340. BERYLLIUM
R 325.34001 Adoption
of federal standardScope, application, adoption, and availability of
standards.
Rule 4001. (1) This standard applies to occupational exposure to beryllium in all forms, compounds, and mixtures in general industry, except those articles and materials exempted by subrules (2) and (3) of this rule.
(2) This standard does not apply to articles, as defined in General Industry Standard Part 92. “Hazard Communication,” that contain beryllium and that the employer does not process.
(3) This standard does not apply to materials containing less than 0.1% beryllium by weight where the employer has objective data demonstrating that employee exposure to beryllium will remain below the action level as an 8 hour TWA under any foreseeable conditions.
(4) The federal
Occupational Safety and Health Administration (OSHA) regulation 29 C.F.R.CFR
1910.1024, “Beryllium,” is adopted by reference in these rules, as amended
September 14, 2020.
(5) 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.
(2) The
availability information for the OSHA standard adopted in these rules is in R
325.34005 and MIOSHA standards referenced in these rules is in R 325.34010.
(3)(6) A reference to
29 C.F.R.CFR 1910.1020, “Access to employee exposure and medical
records,” means Occupational General Industry and Construction Safety
and Health Standard Part 470. “Employee Medical Records and Trade
Secrets.”
(4)(7) A reference to
29 C.F.R.CFR 1910.134, “Respiratory protection Protection,”
means Occupational General Industry and Construction Safety and Health
Standard Part 451. “Respiratory Protection.”
(5)(8) A reference to
29 C.F.R.CFR 1910 Subpart I, “Personal protective equipment
Protective Equipment,” means General Industry Safety and Health
Standard Part 33. “Personal Protective Equipment” or Occupational Health
Standard Part 433. “Personal Protective Equipment.”
(6)(9) A reference to
29 C.F.R.CFR 1910.1200, “Hazard communication,” means
Occupational Health Standard Part 430. “Hazard Communication.”
(7)(10) A reference to
29 C.F.R.CFR 1910.141, “Sanitation,” means Occupational General
Industry Safety and Health Standard Part 474. “Sanitation.”
(8) The adopted
federal regulations shall 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.
(11) The OSHA regulation adopted in these rules is 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 Labor and Economic Opportunity, MIOSHA Standards 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 may be obtained from the Department of Labor and Economic Opportunity, MIOSHA Standards and FOIA, 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 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 Labor and Economic Opportunity, MIOSHA Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909‑8143 or via the internet at 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 33. “Personal Protective Equipment,” R 408.13301 to R 408.13398.
(b) Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004.
(c) General Industry and Construction Safety and Health Standard Part 451. “Respiratory Protection,” R 325.60051 to R 325.60052.
(d) General Industry Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.
(e) General Industry Safety and Health Standard Part 474. “Sanitation,” R 325.47401 to R 325.47425.
R 325.34005 Availability
of OSHA adopted standardRescinded.
Rule 4005. (1) The OSHA
regulation adopted in these rules is 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.
(2) The standard
adopted in these rules is available for inspection at the Department of
Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West
Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909‑8143.
(3) The standard
adopted in these rules may be obtained from the publisher or may be obtained
from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory
Services, MIOSHA Regulatory Services 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.
R 325.34010
Availability of MIOSHA referenced standardsRescinded.
Rule 4010. The following
Michigan Occupational 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 Michigan Department of Licensing and Regulatory Affairs,
MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643,
Lansing, Michigan, 48909‑8143 or via the internet at website: www.michigan.gov/mioshastandards. For quantities
greater then 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 33 “Personal Protective Equipment,”
R 408.13301 to R 408.13398.
(b) Occupational
Health Standard Part 430 “Hazard Communication,” R 325.77001 to
R 325.77004.
(c) Occupational
Health Standard Part 451 “Respiratory Protection,” R 325.60051 to
R 325.60052.
(d) Occupational
Health Standard Part 470 “Employee Medical Records and Trade Secrets,”
R 325.3451 to R 325.3476.
(e) Occupational
Health Standard Part 474 “Sanitation,” R 325.47401 to R 325.47425