DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
GENERAL INDUSTRY SAFETY AND HEALTH STANDARD
Filed with the secretary of state on March 24, 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 and 24 of the Michigan occupational safety and health act,
1974 PA 154, MCL 408.1014 and 408.1024, and Executive Reorganization Orders 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 325.34001 of the Michigan Administrative Code is amended, and R 325.34005 and R
325.34010 are rescinded, as follows:
PART 340. BERYLLIUM
R 325.34001 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 general industry, 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 General Industry Standard Part
92. “Hazard Communication,” that contain beryllium and that the employer does not
(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
(4) The federal Occupational Safety and Health Administration (OSHA) regulation 29
CFR 1910.1024, “Beryllium,” as amended September 14, 2020, is adopted by reference in
(5) The adopted federal regulations have the same force and effect as a rule promulgated
under the Michigan occupational safety and health act (MIOSHA), 1974 PA 154, MCL
408.1001 to 408.1094.
(6) A reference to 29 CFR 1910.1020, “Access to employee exposure and medical
records,” means General Industry and Construction Safety and Health Standard Part 470.
“Employee Medical Records and Trade Secrets.”
(7) A reference to 29 CFR 1910.134, “Respiratory Protection,” means General Industry
and Construction Safety and Health Standard Part 451. “Respiratory Protection.”
January 21, 2021