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R 325.34001 of the Michigan Administrative Code is amended, and R 325.34005 and R 325.34010 are rescinded to the Michigan Administrative Code, as follows: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