DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY
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 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 325.51301 of the Michigan Administrative Code is amended, and R 325.51302 is
rescinded, as follows:
PART 602. ASBESTOS STANDARDS FOR CONSTRUCTION
R 325.51301 Scope, application, and adoption by federal standards.
Rule 1. (1) These rules apply to all construction work as defined by the Michigan
occupational safety and health act (MIOSHA), 1974 PA 154, MCL 408.1001 to
408.1094. Construction work includes, but is not limited to, all of the following:
(a) Demolition or salvage of structures where asbestos is present.
(b) Removal or encapsulation of materials containing asbestos.
(c) Construction, alteration, repair, maintenance, or renovation of structures, substrates,
or portions thereof that contain asbestos.
(d) Installation of products containing asbestos.
(e) Asbestos spill or emergency cleanup.
(f) The transportation, disposal, storage, or containment of, and housekeeping activities
involving, asbestos or products containing asbestos on the site or location at which
construction activities are performed.
(2) Coverage under these rules shall be based on the nature of the work operation
involving asbestos exposure.
(3) The federal Occupational Safety and Health Administration (OSHA) regulations on
occupational exposure to asbestos that have been promulgated by the United States
Department of Labor and codified at 29 CFR 1926.1101, “Asbestos,” as amended
February 18, 2020, are adopted in these rules.
(4) 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.
January 6, 2021