DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
CONSTRUCTION SAFETY AND HEALTH STANDARD
Filed with the secretary of state on March 22, 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.
1996-2, 2003-1, 2008-4, 2011-4, and 2019-3, MCL 445.2001, 445.2011, 445.2025,
445.2030, and 125.1998)
R 325.51995 of the Michigan Administrative Code is amended, and R 325.51996 and
R 325.51997 are rescinded, as follows:
PART 604. CHROMIUM (VI) IN CONSTRUCTION
R 325.51995 Scope, adoption, and availability of standards.
Rule 1. (1) This standard applies to all occupational exposures to chromium (VI) in all
forms and compounds in construction, except for any of the following:
(a) Exposures that occur in the application of pesticides regulated by the Environmental
Protection Agency or another federal or state government agency, such as the treatment
of wood with preservatives.
(b) Exposures to portland cement.
(c) Where the employer has objective data demonstrating that a material containing
chromium or a specific process, operation, or activity involving chromium cannot release
dusts, fumes, or mists of chromium (VI) in concentrations at or above 0.5 µg/m3 as an 8-
hour time-weighted average (TWA) under any expected conditions of use.
(2) This standard does not apply to general industry work as defined by the Michigan
occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094. Exposure
to chromium (VI) in general industry work is covered by Occupational Health Standard
Part 315. “Chromium (VI) in General Industry,” R 325.50141 to 325.50143.
(3) The federal Occupational Safety and Health Administration (OSHA) regulation 29
CFR 1926.1126 “Chromium (VI),” amended May 14, 2019, is adopted by reference in
these rules. As used in these rules:
(a) "Assistant secretary," means the director of the department of labor and economic
opportunity or his or her designated representative.
January 25, 2021