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 325.64001 is added to the Michigan Administrative Code, as follows:
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, 2019, is adopted by reference in
these rules.
(5) A reference to 29 CFR 1926.51, means Construction Safety Standard Part 1. “General
Rules.”
(6) A reference to 29 CFR part 1926 subpart E, means Construction Safety and Health
Standard Part 6. “Personal Protective Equipment.”
(7) A reference to 29 CFR 1910.1200, means Construction Safety Standard Part 42.
“Hazard Communication.”
(8) A reference to 29 CFR 1910.134, means Occupational Health Standard Part 451.
“Respiratory Protection.”
(9) A reference to 29 CFR 1910.1020, means General Industry and Construction Safety and
Health Standard Part 470. “Employee Medical Records and Trade Secrets.”
October 17, 2019