DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
CONSTRUCTION SAFETY AND HEALTH STANDARD
(By authority conferred on the director of the department of labor 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, 2011-4, and 2019-3, MCL 330.3101, 445.2001,
445.2011, 445.2025, 445.2030, and 125.1998)
PART 632. HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE IN
R 325.63201 Scope, adoption, and availability of standards.
Rule 1. (1) These rules cover all of the following operations, unless the employer can demonstrate
that the operation does not involve employee exposure or the reasonable possibility for employee
exposure to safety or health hazards:
(a) Clean-up operations required by a governmental body, whether federal, state, local, or other,
involving hazardous substances that are conducted at uncontrolled hazardous waste sites,
including, but not limited to, the federal Environmental Protection Agency’s (EPA's) national
priority site list (npsl), state priority site lists, sites recommended for the EPA’s npsl, and initial
investigations of government identified sites that are conducted before the presence or absence of
hazardous substances has been ascertained.
(b) Corrective actions involving clean-up operations at sites covered by the Resource
Conservation and Recovery Act of 1976 (RCRA), 42 USC 6901 et seq.
(c) Voluntary clean-up operations at sites recognized by federal, state, local, or other
governmental bodies as uncontrolled hazardous waste sites.
(d) Operations involving hazardous wastes that are conducted at treatment, storage, and disposal
(tsd) facilities regulated by 40 CFR parts 264 and 265 (February 22, 2019), pursuant to RCRA, or
by agencies under agreement with the EPA to implement RCRA regulations.
(e) Emergency response operations for releases of, or substantial threats of releases of,
hazardous substances without regard to the location of the hazard.
(2) The following federal Occupational Safety and Health Administration (OSHA) regulations
are adopted by reference in these rules:
(a) 29 CFR 1926.65, “Hazardous waste operations and emergency response,” as amended
February 18, 2020.
(b) 29 CFR 1926.65, appendix A “Personal protective equipment test methods,” as amended
February 18, 2020.
(c) 29 CFR 1926.65, appendix B “General description and discussion of the levels of protection
and protective gear,” as amended August 22, 1994.
(d) 29 CFR 1926.65, appendix C “Compliance guidelines,” as amended June 30, 1993.
(e) 29 CFR 1926.65, appendix D “References,” as amended February 13, 1996.
(f) 29 CFR 1926.65, appendix E “Training Curriculum Guidelines,” as amended February 8,