12 PROPOSED ADMINISTRATIVE RULES  

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    SOAHR 2005-031

     

    DEPARTMENT OF LABOR AND ECONOMIC GROWTH DIRECTOR'S OFFICE

    OCCUPATIONAL HEALTH STANDARDS

     

    Filed with the Secretary of State on

    These rules become effective 7 days after filing with the Secretary of State

     

    (By authority conferred on the director of the department of labor and economic growth by sections 14 and 24 of 1974 PA 154 and Executive Reorganization Order Nos. 1996-1, 1996-2, and 2003-18, MCL

    408.1014, 408.1024, 330.3101, 445.2001, and 445.2011)

     

    Draft May 31, 2006

     

    R 325.51995, R 325.51996, and R 325.51997 of the Michigan Administrative Code are added as follows:

    PART 604. Chromium (VI) in Construction R 325.51995 Scope and application.

    Rule 1. (1) These rules apply to all occupational exposures to Chromium (VI), except as provided in

    subrule (2) of this rule.

    (2)    These rules do not apply to general industry work as defined by 1974 PA 154 as amended, MCL 408.1001 to MCL 408.1094. Exposure to Chromium (VI) in general industry work is covered by occupational health  standard   Part  315  Chromium  (VI)  in  General  Industry,  R 325.50141  to R 325.50143.

     

    R 325.51996 Adoption by reference of federal standard.

    Rule 2. (1) The provisions of federal occupational safety and health administration regulations on the Occupational Exposure to Hexavalent Chromium promulgated by the United States department of labor and codified at 29 C.F.R. §1926.1126, Chromium (VI), February 28, 2006 and appearing in the Federal Register Volume 71, Number 39 on pp. 10382 to10385, are adopted by reference in these rules as of the effective date of these rules. As used in these rules:

    (a)    "Assistant Secretary," as used in 29 C.F.R. §1926.1126(b), means director of the department of labor and economic growth.

    (b)    "§1910.134," referenced in 29 C.F.R. §1910.1126(f)(2), means occupational health standard Part 451 Respiratory Protection, R 325.60051 and R 325.60052.

    (c) "§1910.1200," referenced in 29 C.F.R. §1910.1026(g)(2)(iv) and §1910.1026(j)(1), mean occupational health standard Part 430 Hazard Communication, R 325.77001 to R 325.77003.

     

     

    (d)    "§1910.1020,"    referenced    in    29 C.F.R.    §1910.1126(k)(1)(iii);    §1910.1126(k)(2)(ii)(E);

    §1910.1126(k)(3)(iii); and §1910.1126(k)(4)(iii), mean occupational health standard Part 470 Employee Medical Records and Trade Secrets, R 325.3451 to R 325.3476.

    (2) The adopted federal regulations shall have the same force and effect as a rule promulgated under 1974 PA 154, MCL 408.1001 to MCL 408.1094.

     

    R 325.51997 Availability of documents.

    Rule 3. (1) The federal regulation adopted by reference in these rules is 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 via the internet at website: www.osha.gov, or from the Michigan Department of Labor and Economic Growth, MIOSHA Standards Section, P.O. Box 30643, Lansing, Michigan 48909.

    (2)   The following Michigan occupational safety and health standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Growth, MIOSHA Standards Section, 7150 Harris Drive, 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)    Occupational Health Standard Part 430 Hazard Communication, R 325.77001 to R 325.77003.

    (b)    Occupational Health Standard Part 451 Respiratory Protection, R 325.60051 and R 325.60052.

    (c)     Occupational Health Standard Part 470 Employee Medical Records and Trade Secrets, R 325.3451 to R 325.3476.

    May 31, 2006