R 325.3451 Scope, applicability, adoption, and availability of standards.

Rule 1. (1) These rules apply to all employers covered in the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, who make, maintain, contract for, or have access to, employee exposure or medical records, or analyses thereof, pertaining to employees exposed to toxic substances or harmful physical agents. (2) These rules apply to all employee exposure and medical records, and analyses thereof, of employees exposed to toxic substances or harmful physical agents, whether or not the records are related to specific occupational safety or health rules. (3) These rules apply to all employee exposure and medical records, and analyses thereof, made or maintained in any manner, including on an in-house, contractual, or fee-for-service basis. An employer shall ensure that the preservation and access requirements of these rules are complied with, regardless of the manner in which records are made or maintained. (4) The following federal Occupational Safety and Health Administration (OSHA) regulations are adopted by reference in these rules: (a) 29 CFR 1910.1020 “Access to employee exposure and medical records,” as amended June 8, 2011. (b) 29 CFR 1910.1020, appendix A “Sample authorization letter for the release of employee medical record information to a designated representative (non-mandatory),” as amended June 20, 1996. (c) 29 CFR 1910.1020, appendix B “Availability of NIOSH registry of toxic effects of chemical substances (RTECS) (non-mandatory),” as amended June 20, 1996. (5) A reference to 29 CFR 1910.1200 means Occupational Health Standard Part 430. “Hazard Communication.” (6) 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. (7) 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. (8) The regulations adopted in these rules are available for inspection at the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 530 West Allegan Street, P.O. Box 30643, Lansing, Michigan, 48909-8143. (9) The regulations adopted in these rules may be obtained from the publisher or the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services 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. (10) The following Michigan Occupational Safety and Health Administration (MIOSHA) standard is referenced in these rules: Occupational Health Standard Part 430. “Hazard Communication,” R 325.77001 to R 325.77004. Up to 5 copies of this standard may be obtained at no charge from the Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services 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.