Section R. 325.59001 - Scope, application, adoption, and availability of standardsRule 59001.
(1) This standard applies to all occupational exposures to respirable crystalline silica, except as follows:(a) Construction work as covered by Construction Safety and Health Standard Part 690. "Silica in Construction."(b) Agricultural operations covered under Occupational Health Standard Part 700. "Agriculture."(c) Exposures that result from the processing of sorptive clays.(2) This standard does not apply where the employer has objective data demonstrating that employee exposure to respirable crystalline silica will remain below 25 micrograms per cubic meter of air (25 µg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.(3) This standard does not apply if the employer complies with Construction Safety and Health Standard Part 690. "Silica in Construction" and both of the following apply: (a) The task performed is indistinguishable from a construction task listed on Table 1 in 29 CFR 1926.1153(c) of Construction Safety and Health Standard Part 690. "Silica in Construction."(b) The task will not be performed regularly in the same environment and conditions.(4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules:(a)29 CFR 1910.1053 "Respirable crystalline silica," as amended May 14, 2019.(b)29 CFR 1910.1053, appendix A "Methods of Sample Analysis," as amended March 25, 2016.(c)29 CFR 1910.1053, appendix B "Medical Surveillance Guidelines," as amended March 25, 2016.(5) A reference to 29 CFR 1910.94 means Occupational Health Standard Part 520. "Ventilation Control."(6) A reference to 29 CFR 1910.134 means General Industry and Construction Safety and Health Standard Part 451. "Respiratory Protection."(7) A reference to 29 CFR 1910.1020 means General Industry and Construction Safety and Health Standard Part 470. "Employee Medical Records and Trade Secrets."(8) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. "Hazard Communication."(9) The adopted federal regulations 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.(10) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website, www.osha.gov, at no charge, as of the time of adoption of these rules.(11) The regulations adopted in these rules are available for inspection at the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143.(12) The regulations adopted in these rules may be obtained from the publisher or the Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143, at the cost charged in this rule, plus $20.00 for shipping and handling.(13) The following Michigan occupational safety and health administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Labor and Economic Opportunity, MIOSHA, Standards and FOIA Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143 or via the internet at the following website: www.michigan.gov/mioshastandards. For quantities greater than 5, the cost, as of the time of adoption of these rules, is 4 cents per page.(a) Occupational Health Standard Part 430. "Hazard Communication," R 325.77001 to R 325.77004.(b) General Industry and Construction Safety and Health Standard Part 451. "Respiratory Protection," R 325.60051 to R 325.60052.(c) General Industry and Construction Safety and Health Standard Part 470. "Employee Medical Records and Trade Secrets," R 325.3451 to R 325.3476.(d) Occupational Health Standard Part 520. "Ventilation Control," R 325.52001 to R 325.52012.Mich. Admin. Code R. 325.59001
2017 AACS; 2019 AACS; 2021 MR 6, Eff. 3/31/2021