DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LABOR AND ECONOMIC OPPORTUNITY

DIRECTOR’S OFFICE

OCCUPATIONAL HEALTH STANDARDSGENERAL INDUSTRY SAFETY STANDARDS

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) 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 licensing and regulatory affairs labor and economic opportunity by sections 16 and 21 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1016 and 408.1021, and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, and 2011-4, 2019-3, MCL 330.3101, 445.2001, 445.2011, 445.2025, and 445.2030, and 125.1998)

R 338.77001, R 338.77002, R 338.77003, and through R 325.77004 of the Michigan Administrative Code are amended, as follows:

PART 430. HAZARD COMMUNICATION

R 325.77001  Scope and application.

  Rule 1. (1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employers and communicated to employees. These rules establish requirements to ensure that markings, placards, and labels required on hazardous materials and explosives, both in transportation and at stationary facilities, are retained until the materials have been removed to the extent that the materials do not pose a hazard.

  (2) The regulations adopted by R 325.77002 shall apply to all chemical manufacturers, chemical importers, and employers pursuant to the provisions of 29 CFR C.F.R. §1910.1200 and 29 CFR C.F.R. §1926.59.

  (3) The regulations adopted by R 325.77003 shall apply to workplaces pursuant to the provisions of 29 CFR C.F.R. §1910.1201, 29 CFR C.F.R. §1926.61, and 29 CFR C.F.R. §1928.21.

  (4) Section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a,(1) adopted the original federal standard by reference. In addition, sections 14b to 14l of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014b to 408.1014l, set forth additional requirements for Michigan employers in this state. The regulations adopted by R 325.77002 will have the force and effect of law, but only to the extent they are consistent with section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014fa(1). If there is any inconsistency, section 14a(1) of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1014a(1), will control controls.  

R 325.77002  Hazard communication; adoption by reference.

  Rule 2. (1) The following federal Occupational Safety and Health Administration occupational safety and health administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

   (a) 29 CFR 1910.1200 “Hazard Communication,” July 19, 2024.

   (ab) 29 C.F.R. §1910.1200 “Hazard Communication,” February 8, 2013.

   (bc) 29 C.F.R. §1926.59 “Hazard Communication,” June 20, 1996.

  (2) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

R 325.77003  Retention of department of transportation markings, placards, and labels;  

  adoption by reference.

   Rule 3. (1) The following federal occupational safety and health administration (OSHA) regulations from the Code of Federal Regulations are adopted by reference in these rules:

   (a) 29 CFR C.F.R. §1910.1201 “Retention of DOT markings, placards and labels” July 19, 1994.

   (b) 29 CFR C.F.R. §1926.61 “Retention of DOT markings, placards and labels”

June 20, 1996.

   (c) 29 CFR C.F.R. §1928.21 “Applicability of Standards in 29 CFR Part 1910” March 7, 1996.

  (2) The adopted federal regulations shall have the same force and effect as a rule promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094.

R 325.77004  Availability of adopted rules.

  Rule 4. (1) The standards adopted in these rules are available from the United States Department of Labor, OSHA Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption of these rules.

  (2) The standards adopted in these rules are also available for inspection at the Department of Licensing and Regulatory Affairs Labor and Economic Opportunity, MIOSHA Standards Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143530 West Allegan Street, Lansing, Michigan 48933.

  (3) The standards adopted in these rules may be obtained from the publisher or may also be obtained from the Department of Licensing and Regulatory Affairs Labor and Economic Opportunity, MIOSHA Standards Section, 7150 Harris Drive, P.O. Box 30643, Lansing, Michigan, 48909-8143530 West Allegan Street, Lansing, Michigan 48933, at the cost charged in this rule, plus $20.00 for shipping and handling.