DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
DIRECTOR’S OFFICE
CONSTRUCTION SAFETY AND HEALTH STANDARD
Filed with the secretary of state on June 8, 2020
These rules become effective 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 325.63201 is added to the Michigan Administrative Code, as follows:
PART 632. HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE IN
CONSTRUCTION
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:
March 30, 2020