Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Labor and Economic Opportunity  
2. Bureau:  
MIOSHA  
3. Promulgation type:  
MCL 24.244 (2)  
4. Title of proposed rule set:  
General Industry Part 590. Silica  
5. Rule numbers or rule set range of numbers:  
R 325.59001 to R 325.59015  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Daniela Garza  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-284-7738  
Address of person filling out RFR:  
530 West Allegan Street, Lansing MI, 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
These rules, GI Part 590. Silica give direction to employers and employees on protecting  
Michigan employees from safety and health hazards in the workplace on a variety of subjects.  
These rules are being amended, in order to be as effective as the federal Occupational Safety and  
Health Administration (OSHA) standard 29 CFR 1910.1053 “Respirable Crystalline Silica”, 29  
CFR 1910.1053 - App A “Methods of Sample Analysis”, and 29 CFR 1910.1053 – App B  
“Medical Surveillance Guidelines.”  
In addition, this rule set is being amended in order to make editorial and administrative revisions  
and required under the standard improvement project issued by federal OSHA.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The director of the department has the specific promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.239  
RFR-Page 2  
The Williams-Steiger Occupational Safety and Health Act of 1970 requires MIOSHA to  
promulgate standards that are at least as effective as those promulgated under Section 6 of the Act;  
Sections 19 and 21 of 1974 PA 154, and Executive Reorganization Order Nos. 1996-2, 2003-1,  
2008-4, 2011-4, 2019-3, MCL 445.2001, 445.2011, 445.2025, 445.2030, and 125.1998.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Michigan Occupational Safety and Health Act of 1974 PA 154, MCL 408.1014(5).  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MIOSHA is not aware of any rules that conflict with or duplicate similar rules, compliance  
requirements, or other standards adopted at the state, or regional. These rules are duplicative in  
order to be as effective as federal OSHA regulations.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
None that MIOSHA is aware of.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
MCL 24.244 (2)  
A. Explain why the rules are being promulgated under 24.244.  
These rules are being amended, in order to be as effective as the federal Occupational Safety and  
Health Administration (OSHA) standard.  
MCL 24.239  
;