DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY  
DIRECTOR'S OFFICE  
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 640. BERYLLIUM IN CONSTRUCTION  
R 325.64001 Scope, application, adoption, and availability of standards.  
Rule 4001. (1) This standard applies to occupational exposure to beryllium in all forms,  
compounds, and mixtures in construction, 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 Construction Safety Standard Part  
42. “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) regulations 29 CFR  
1926.1124 “Beryllium,” as amended September 30, 2020, is adopted by reference in these  
rules.  
(5) 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.  
(6) A reference to 29 CFR 1926.51, means Construction Safety and Health Standard Part 1.  
“General Rules.”  
(7) A reference to 29 CFR part 1926 subpart E, means Construction Safety and Health  
Standard Part 6. “Personal Protective Equipment.”  
(8) A reference to 29 CFR 1910.1200, means Construction Safety Standard Part 42. “Hazard  
Communication.”  
(9) A reference to 29 CFR 1910.134, means General Industry and Construction Safety and  
Health Standard Part 451. “Respiratory Protection.”  
(10) A reference to 29 CFR 1910.1020, means General Industry and Construction Safety and  
Health Standard Part 470. “Employee Medical Records and Trade Secrets.”  
(11) The OSHA regulations adopted in these rules are available from the United States  
at no charge, as of the time of adoption of these rules.  
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(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 the  
Department of Labor and Economic Opportunity, MIOSHA, Standards 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.  
(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  
greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.  
(a) Construction Safety and Health Standard Part 1. “General Rules,” R 408.40101 to R  
408.40134.  
(b) Construction Safety and Health Standard Part 6. “Personal Protective Equipment,”  
R 408.40601 to R 408.40660.  
(c) Construction Safety Standard Part 42. “Hazard Communication,” R 408.44201 to R  
408.44204.  
(d) General Industry and Construction Safety and Health Standard Part 451. “Respiratory  
Protection,” R 325.60051 to R 325.60052.  
(e) General Industry and Construction Safety and Health Standard Part 470. “Employee  
Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.  
History: 2020 MR 11, Eff. June 15, 2020; 2021 MR 6, Eff. Mar 31, 2021.  
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