[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52417-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24941]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-2-94]
Electro-Test, Inc.
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Notice of recognition as a nationally recognized testing
laboratory.
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SUMMARY: this notice announces the Agency's final decision on the
application of Electro-Test, Inc. for recognition as a Nationally
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.
EFFECTIVE DATE: This recognition will become effective on October 6,
1995 and will be valid for a period of five years from that date, until
October 6, 2000.
FOR FURTHER INFORMATION CONTACT:
Office of Variance Determination, NRTL Recognition Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N3653, Washington, D.C.
20210.
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
Notice is hereby given that Electro-Test, Inc. (ETI) which made
application pursuant to section 6(b) of the Occupational Safety and
Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of
Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition
as a Nationally Recognized Testing Laboratory, has been recognized as
an NRTL for the equipment or material listed below.
The addresses of the laboratories covered by this application are:
Electro-Test, Inc., 5645 Gibraltar Drive, Pleasanton, California 94588
Electro-Test, Inc., 5370 E. Hunter Avenue, Anaheim, California 92807
Background
Electro-Test, Inc. is a privately held organization incorporated in
the State of California in 1971. It has two facilities in California,
one in Pleasanton which it has owned since 1992, and the other smaller
facility in Anaheim. Most of the testing at Anaheim is performed at the
site of the installation by ETI test engineers.
On June 9, 1995, the Occupational Safety and Health Administration
published a notice of application for recognition as a nationally
recognized testing laboratory of Electro-Test, Inc. in the Federal
Register (60 FR 30595), pursuant to 29 CFR 1910.7. The notice included
a preliminary finding that Electro-Test, Inc. could meet the
requirements for recognition detailed in 29 CFR 1910.7 and it invited
public comment on the application by August 8, 1995.
On July 18, 1995, the Building Codes Division, Department of
Consumer and Business Services of the State of Oregon submitted
comments favoring ETI's recognition as an NRTL based upon their past
experiences with the applicant. This was the only comment received in
response to the Federal Register notice.
Capability
Section 1910.7(b)(1) states that for each specified item of
equipment or material to be listed, labeled or accepted, the laboratory
must have the
[[Page 52418]]
capability (including proper testing equipment and facilities, trained
staff, written testing procedures, and calibration and quality control
programs) to perform appropriate testing.
The on-site review report indicates that ETI has facilities,
personnel, and testing equipment which are appropriate for the area of
recognition it seeks. The ETI Pleasanton, CA corporate headquarters'
policies and procedures, operations manual, quality control manual, as
well as the procedure manual for the ANSI/UL test standard are in
effect at the Anaheim, CA facility. The laboratories have available all
of the general test equipment necessary to perform the testing
necessary for the area of recognition it seeks, with the possible
exception of very specialized tests which may require equipment or
facility leasing. Where it becomes necessary in the future, test
equipment will be purchased or constructed.
The two ETI facilities have adequate equipment calibration
procedures. The calibration laboratory manager at the Pleasanton
facility is responsible for the calibration program. At the Anaheim
facility a calibration specialist, who reports to the calibration
laboratory manager in Pleasanton, is responsible for the calibration
program. Calibration intervals are generally on a six-month basis and
are typically shorter, never longer, than manufacturers'
recommendations.
The general application and labeling processes are described in the
ETI Operations Manual. This manual, together with the data sheets and
national test standards, collectively specify the records that are to
be maintained for an investigation. ETI has additional procedures that
are applicable for specialized tests. The Manual also provides letter
and report formats as well as the appeals procedure.
While ETI has a Quality Control and Audit Manual, quality aspects
are also included in the Safety Manual, Compliance Labeling and Field
Evaluation Manual (part of the ETI Operations Manual), Calibration
Laboratory Quality Assurance and Operations Procedure Manual, and the
General Policy Manual. The department/division managers are responsible
for maintaining quality assurance, while the Vice President of
Operations has the responsibility to verify compliance with procedures.
ETI has developed a Quality Audit Plan for internal auditing. The
Quality Assurance program includes a description of the quality system,
frequency of audits, responsibilities, method of reporting audit
results, documenting deficiencies, a method of tracking corrective
action, and audit content using an audit checklist for complete
coverage.
Follow-Up and Field Inspection Procedures
Section 1910.7(b)(2) requires that the NRTL provide certain follow-
up procedures, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These include
implementation of control procedures for identifying the listed or
labeled equipment or materials, inspecting the production run at
factories to assure conformance with test standards, and conducting
field inspections to monitor and assure the proper use of the label.
ETI has a written Follow-Up Inspection program which includes a
written agreement, manufacturer participation requirements,
certification, record keeping, continued conformance, and site
inspection intervals and review procedures. In addition, before use of
the ETI certification mark is permitted, ETI will inspect the
manufacturer's record system, quality system, and production testing.
Independence
Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers subject to the tested equipment requirements,
and for any manufacturers or vendors of equipment or materials being
tested for these purposes.
OSHA believes, based upon an examination of the application, that
Electro-Test, Inc. is independent of employers subject to the tested
equipment requirements and of any manufacturers or vendors of equipment
or materials being tested for these purposes, within the meaning of 29
CFR 1910.7(b)(3).
Creditable Reports/Complaint Handling
Section 1910.7(b)(4) provides that an OSHA recognized NRTL must
maintain effective procedures for producing creditable findings and
reports that are objective and without bias, as well as for handling
complaints and disputes under a fair and reasonable system.
ETI's application as well as the on-site review report indicate
that ETI does maintain effective procedures for producing creditable
findings and reports that are objective.
The various manuals describe in detail the procedures for testing
and for all written reports, as well as record keeping requirements,
including retention times.
With regard to the handling of complaints or contested results, if
clients, ETI personnel, users, or others file a complaint or disagree
with a decision relating to the test standard, engineering, use, or
inspection, they can present and discuss their views with various
administrative levels of ETI personnel, up to and including the Chief
Operating Officer in an attempt to resolve any disagreement.
Test Standards
Section 1910.7 requires that an NRTL use ``appropriate test
standards'', which are defined, in part, to include any standard that
is currently designated or an American Society for Testing and
Materials (ASTM) test standard used for evaluation of products or
materials. The standard for which ETI applied is an American National
Standards Institute (ANSI) safety designated product standard.
Programs and Procedures
ETI administers two operational programs and procedures which have
been examined and found to be acceptable to OSHA on the basis of the
procedures and specific criteria as detailed in 60 FR 12980, March 9,
1995, pertaining to the types and programs and procedures that NRTLs
may engage in under the OSHA/NRTL program.
Basic Program--This program is one in which ETI performs all of the
necessary product testing and evaluation in-house prior to issuing a
certification.
Witnessed Test Data Program--This program is utilized when
characteristics such as the size, complexity, or uniqueness of a
product require testing at the manufacturer's facility. The tests are
in accordance with the appropriate recognized standard and are
witnessed by an ETI compliance engineer. Specific minimum conditions
will be followed to assure equivalency with tests conducted by ETI
personnel, and the results will be recorded.
Final Decision and Order
Based upon a preponderance of the evidence resulting from an
examination of the complete application, the supporting documentation,
and the OSHA staff finding including the on-site report, OSHA finds
that Electro-Test, Inc. has met the requirements of 29 CFR 1910.7 to be
recognized by OSHA as a Nationally Recognized Testing Laboratory to
test and certify certain equipment or materials.
Pursuant to the authority in 29 CFR 1910.7, Electro-Test, Inc. is
recognized as a Nationally Recognized Testing
[[Page 52419]]
Laboratory subject to the limitations and conditions listed below:
Limitations
This recognition is limited to equipment or materials which, under
29 CFR Part 1910, require testing, listing, labeling, approval,
acceptance, or certification, by a Nationally Recognized Testing
Laboratory. This recognition is limited to the use of the following
test standard for the testing and certification of equipment or
materials included within the scope of this standard:
ETI has stated that the standard is utilized to test
equipment or materials which may be used in environments under OSHA's
jurisdiction. This standard is considered appropriate under 29 CFR
1910.07(c): ANSI/UL 508--Industrial Control Equipment.
Conditions
Electro-Test, Inc. shall also abide by the following conditions of
its recognition, in addition to those already required by 29 CFR
1910.7:
The Occupational Safety and Health Administration shall be
allowed access to ETI's facilities and records for purposes of
ascertaining continuing compliance with the terms of its recognition
and to investigate as OSHA deems necessary;
If ETI has reason to doubt the efficacy of any test
standard it is using under this program, it shall promptly inform the
organization that developed the test standard of this fact and provide
that organization with appropriate relevant information upon which its
concerns are based;
ETI shall not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, ETI agrees that it will allow no representation
that it is either a recognized or accredited Nationally Recognized
Testing Laboratory (NRTL) without clearly indicating the specific
equipment or material to which this recognition is tied, or that its
recognition is limited to certain products;
ETI shall inform OSHA as soon as possible, in writing, of
any change of ownership, facilities, or key personnel, including
details;
ETI shall continue to meet the requirements for
recognition in all areas where it has been recognized; and
ETI shall always cooperate with OSHA to assure compliance
with the spirit as well as the letter of its recognition and 29 CFR
1910.7.
Effective Date: This recognition will become effective on
October 6, 1995 and will be valid for a period of five years from
that date, until October 6, 2000, unless terminated prior to that
date, in accordance with 29 CFR 1910.7.
Signed at Washington, D.C. this 2nd day of October 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-24941 Filed 10-5-95; 8:45 am]
BILLING CODE 4510-26-M
