DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR'S OFFICE

GENERAL INDUSTRY AND CONSTRUCTION SAFETY AND HEALTH

STANDARD

Filed with the secretary of state on March 23, 2021

These rules 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 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)

R 325.51501 of the Michigan Administrative Code is amended, as follows:

PART 307. ACRYLONITRILE

R 325.51501. Scope, applicability, adoption, and availability of standards.

Rule 501. (1) The rules in this part apply to all occupational exposures to

acrylonitrile (AN), Chemical Abstracts Service Registry No. 000107131, except as

provided in subrules (2) and (3) of this rule.

(2) The rules in this part do not apply to exposures that result solely from the

processing, use, and handling of the following materials:

(a) Acrylonitrile-butadiene-styrene (ABS) resins, Styreneacrylonitrile (SAN) resins,

nitrile barrier resins, solid nitrile elastomers, and acrylic and modacrylic fibers in the

form of finished polymers, including products fabricated from such finished polymers.

(b) Materials made from or containing AN, or both, for which objective data is

reasonably relied upon to demonstrate that the material is not capable of releasing AN in

airborne concentrations of more than 1 part per million (ppm) as an 8-hour, time-

weighted average under the expected conditions of processing, use, and handling that

cause the greatest possible release.

above 170 degrees Fahrenheit during handling, use, or processing.

(3) An employer who relies on the exemption in subrule (2)(b) of this rule shall

maintain records of the objective data supporting that exemption and of the basis of the

employer’s reliance on the data, as provided in 29 CFR 1910.1045(q), which is adopted

by reference in subrule (4) of this rule.

December 23, 2020

(4) The following federal Occupational Safety and Health Administration (OSHA)

regulations are adopted by reference in these rules:

(a) 29 CFR 1910.1045, “Acrylonitrile,” as amended May 14, 2019.

(b) 29 CFR 1910.1045, appendix A “Substance safety data sheet for acrylonitrile,”

as amended January 8, 1998.

acrylonitrile,” as in effect as of the effective date of these rules.

(d) 29 CFR 1910.1045, appendix C “Medical surveillance guidelines for

acrylonitrile,” as in effect as of the effective date of these rules.

(e) 29 CFR 1910.1045, appendix D “Sampling and analytical methods for

acrylonitrile,” as amended February 13, 1996.

(5) A reference to 29 CFR 1910.132, and 1910.133 means all of the following:

(a) General Industry Safety and Health Standard Part 33. “Personal Protective

Equipment.”

(b) General Industry Safety and Health Standard Part 433. “Personal Protective

Equipment.”

(6) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430.

“Hazard Communication.”

(7) A reference to 29 CFR 1910.134 means General Industry and Construction

Safety and Health Standard Part 451. “Respiratory Protection.”

(8) A reference to 29 CFR 1910.1020 means General Industry and Construction

Safety and Health Standard Part 470. “Employee Medical Records and Trade Secrets.”

(9) A reference to 29 CFR 1910.141 means General Industry Safety and Health

Standard Part 474. “Sanitation.”

(10) 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.

(11) The OSHA regulations adopted in these rules are 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

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 via the internet at the following 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 474. “Sanitation,”

R 325.47401 to R 325.4725.

(b) General Industry Safety and Health Standard Part 33. “Personal Protective

Equipment,” R 408.13301 to R 408.13398.

Equipment,” R 325.60001 to R 325.60013.

(d) General Industry and Construction Safety and Health Standard Part 470.

“Employee Medical Records and Trade Secrets,” R 325.3451 to R 325.3476.

(e) Occupational Health Standard Part 430. “Hazard Communication,”

R 325.77001 to R 325.77004.

(f) General Industry and Construction Safety and Health Standard Part 451.

“Respiratory Protection,” R 325.60051 to R 325.60052.