RFR-Page 2
MIOSHA Construction Safety Standard Part 42, Hazard Communication gives direction to
employers and employees on the storage, transportation, and use of hazardous chemicals to
comply with federal requirements.
OSHA is amending the Hazard Communication Standard (HCS) to conform to the United Nations'
Globally Harmonized System of Classification and Labelling of Chemicals (GHS), primarily
Revision 7 (Rev. 7), address issues that arose during the implementation of the 2012 update to the
HCS and provide better alignment with other U.S. agencies and international trading partners,
while enhancing the effectiveness of the standard. Consistent with Executive Order 13563 and the
Regulatory Flexibility Act, which call for assessment and, where appropriate, modification and
improvement of existing rules, OSHA has reviewed the existing HCS. The agency has determined
that the revisions in this final rule will enhance the effectiveness of the HCS by ensuring
employees are appropriately apprised of the chemical hazards to which they may be exposed, thus
reducing the incidence of chemical-related occupational illnesses and injuries. The modifications
to the standard include revised criteria for classification of certain health and physical hazards,
revised provisions for updating labels, new labeling provisions for small containers, new
provisions related to trade secrets, technical amendments related to the contents of safety data
sheets (SDSs), and related revisions to definitions of terms used in the standard.
MIOSHA is amending these rules to be at least as effective as OSHA’s (which is within the U.S.
Department of Labor) recently revised standard, “Hazard Communication”, 29 CFR § 1910.1200.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
The director of the department has specific promulgation authority for the rules.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 408.1014, MCL 408.1016, MCL 408.1069 and Executive Reorganization 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.
The Williams-Steiger Occupational Safety and Health Act of 1970 requires that MIOSHA
promulgate standards that are “at least as effective as” those promulgated under Section 6 of the
Act. Promulgation authority is mandated by MCL 408.1014(5) requiring MIOSHA to, within 10
working days, begin the processing of an administrative rule that is substantially similar to the
federal occupational safety and health standard promulgated under the federal Occupational Safety
and Health Act of 1970, Public Law 91-596.
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.
These rules are being promulgated under MCL 24.244 to be as effective as OSHA. Therefore, the
state standards adopted by these rules are duplicative with the federal standards. The rules do not
conflict with or duplicate similar rules, compliance requirements, or other standards adopted at the
state or regional level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
MIOSHA is not aware of any guideline, handbook, manual, instructional bulletin, form with
instructions, or operational memoranda that contains the subject matter of the rules.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
MCL 24.239