Mich. Admin. Code R. 325.77101 - Scope, applicability, adoption, and availability of standards
Rule 1.
(1)
These rules apply to all occupational exposures to benzene, Chemical Abstracts
Service Registry No. 71-43-2, except as provided in subrules (2) and (3) of
this rule.
(2) These rules do not
apply to any of the following:
(a) The
storage, transportation, distribution, dispensing, sale, or use of gasoline,
motor fuels, or other fuels that contain benzene after its final discharge from
bulk wholesale storage facilities, except that operations which dispense
gasoline or motor fuels for more than 4 hours per day in an indoor location are
covered by these rules.
(b) Loading
and unloading operations at bulk wholesale storage facilities which use vapor
control systems for all loading and unloading operations. However, such
operations are subject to the provisions of Occupational Health Standard Part
430. "Hazard Communication" and the hazard communication provisions of sections
14a to 14m of the Michigan occupational safety and health act (MIOSHA), 1974 PA
154, MCL 408.1014a to 408.1014m.
(c) The storage, transportation,
distribution, or sale of benzene or liquid mixtures that contain more than 0.1%
benzene in intact containers or in transportation pipelines while sealed in a
manner to contain benzene vapors or liquid. However, such storage,
transportation, distribution, or sale is subject to the provisions of
Occupational Health Standard Part 430. "Hazard Communication" and the hazard
communication provisions of sections 14a to 14m of the Michigan occupational
safety and health act (MIOSHA), 1974 PA 154, MCL 408.1014a to 408.1014m.
(d) Containers and pipelines that
carry mixtures which are less than 0.1% benzene.
(e) Natural gas-processing plants that
process gas which contains less than 0.1% benzene.
(f) Work operations where the only exposure
to benzene is from liquid mixtures that contain 0.5% or less of benzene, by
volume, or the vapors released from the liquids until September 12, 1988; work
operations where the only exposure to benzene is from liquid mixtures that
contain 0.3% or less of benzene, by volume, or the vapors released from the
liquids from September 12, 1988, to September 12, 1989; and work operations
where the only exposure to benzene is from liquid mixtures that contain 0.1% or
less of benzene, by volume, or the vapors released from the liquids after
September 12, 1989; except that tire-building machine operators who use
solvents which contain more than 0.1% benzene are subject to the provisions of
paragraph (i) of
29 CFR
1910.1028.
(g) Oil and gas drilling, production, and
servicing operations.
(h) Coke oven
batteries.
(3) Cleaning
and repair operations of barges and tankers that have contained benzene are
excluded from paragraph (f) methods of compliance, paragraph (e)(1) exposure
monitoring-general, and paragraph (e)(6) accuracy of monitoring of
29 CFR
1910.1028. Engineering and work practice
controls shall be used to keep exposures below 10 ppm, unless it is proven to
be not feasible.
(4) The following
federal Occupational Safety and Health Administration (OSHA) regulations are
adopted by reference in these rules:
(a)
29 CFR
1910.1028, "Benzene," as amended May 14,
2019.
(b)
29 CFR
1910.1028, appendix A "Substance safety data
sheet, Benzene," as in effect as of the effective date of these rules.
(c)
29 CFR
1910.1028, appendix B "Substance technical
guidelines, Benzene," as in effect as of the effective date of these rules.
(d)
29 CFR
1910.1028, appendix C "Medical surveillance
guidelines for Benzene," as in effect as of the effective date of these rules.
(e)
29 CFR
1910.1028, appendix D "Sampling and
analytical methods for Benzene monitoring and measurement procedures," as in
effect as of the effective date of these rules.
(5) A reference to
29 CFR
1910.133 means both of the following:
(a) General Industry Safety and Health
Standard Part 33. "Personal Protective Equipment."
(b) General Industry Safety and Health
Standard Part 433. "Personal Protective Equipment."
(6) A reference to
29 CFR
1910.1200 means Occupational Health Standard
Part 430. "Hazard Communication."
(7) A reference to
29 CFR
1910.134 means General Industry and
Construction Safety and Health Standard Part 451. "Respiratory Protection."
(8) A reference to
29 CFR
1910.1020 means General Industry and
Construction Safety and Health Standard Part 470. "Employee Medical Records and
Trade Secrets."
(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
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) General
Industry Safety and Health Standard Part 33. "Personal Protective Equipment,"
R
408.13301 to
R
408.13398.
(b) General Industry Safety and Health
Standard Part 433. "Personal Protective Equipment,"
R 325.60001 to
R
325.60013.
(c) General Industry and Construction Safety
and Health Standard Part 470. "Employee Medical Records and Trade Secrets,"
R 325.3451 to
R
325.3476.
(e) General Industry and Construction Safety
and Health Standard Part 451. "Respiratory Protection,"
R
325.60051 to
R 325.60052.
Notes
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