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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