2023-19713. Modification to the List of Appropriate NRTL Program Test Standards and the Scope of Recognition of Several NRTLs

AGENCY:

Occupational Safety and Health Administration (OSHA), Labor.

ACTION:

Notice.

SUMMARY:

In this notice, OSHA announces the final decision to delete test standards from the Nationally Recognized Testing Laboratories (NRTL) Program's list of appropriate test standards and modify the scope of recognition of several NRTLs.

DATES:

The actions contained in this notice will become effective on September 13, 2023.

FOR FURTHER INFORMATION CONTACT:

Information regarding this notice is available from the following sources:

Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, telephone: [phone]; email: [e-mail].

General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, telephone: [phone] or email: [e-mail]. OSHA's web page includes information about the NRTL Program (see http://www.osha.gov/​dts/​otpca/​nrtl/​index.html).

SUPPLEMENTARY INFORMATION:

I. Background

The NRTL Program recognizes organizations that provide product-safety testing and certification services to manufacturers. These organizations perform testing and certification for purposes of the program, to U.S. consensus-based product-safety test standards. The products covered by the NRTL Program consist of those items for which OSHA safety standards require “certification” by a NRTL. The requirements affect electrical products and 36 other types of products. OSHA does not develop or issue these test standards, but generally relies on standards development organizations (SDOs), which develop and maintain the standards using a method that provides for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety field involved.

A. Deletion and Replacement of Test Standards

The NRTL Program regulations require that appropriate test standards be maintained and current (29 CFR 1910.7(c)). A test standard withdrawn by an SDO is no longer considered an appropriate test standard (CPL 01–00–004, NRTL Program Policies, Procedures and Guidelines Directive (NRTL Program Directive), Ch. 2.IX.C.1). It is OSHA's policy to remove recognition of withdrawn test standards by issuing a correction notice in the Federal Register for all NRTLs recognized for the withdrawn test standards (Id.). However, SDOs frequently will designate a replacement standard for withdrawn standards. OSHA will recognize a NRTL for an appropriate replacement test standard if the NRTL has the requisite testing and evaluation capability for the replacement test standard (NRTL Program Directive, Ch. 2.IX.C.2).

One method that NRTLs may use to show such capability involves an analysis to determine whether any testing and evaluation requirements of existing test standards in a NRTL's scope are comparable ( i.e., are completely or substantially identical) to the requirements in the replacement test standard (NRTL Program Directive, Ch. 2.IX.C.3). If OSHA's analysis shows the replacement test standard does not require additional or different technical capability than an existing test standard(s), and the replacement test standard is comparable to the existing test standard(s), then OSHA can add the replacement test standard to affected NRTLs' scope of recognition. If OSHA's analysis shows the replacement test standard requires an additional or different technical capability, or the replacement test standard is not comparable to any existing test standards, each affected NRTL seeking to have OSHA add the replacement test standard to the NRTL's scope of recognition must provide information to OSHA that demonstrates technical capability (NRTL Program Directive, Ch. 2.IX.D).

B. Other Reasons for Removal of Test Standards From the NRTL List of Appropriate Test Standards

OSHA may choose to remove a test standard from the NRTL list of appropriate test standards based on an internal review in which NRTL Program staff review the NRTL list of appropriate test standards to determine if the test standards conform to the definition of an appropriate test standard defined in NRTL Program regulations and policy. There are several reasons for removing a test standard based on this review. First, a document that provides the methodology for a single test is a test method rather than an appropriate test standard (29 CFR 1910.7(c)). A test standard must specify the safety requirements for a specific type of product(s) (NRTL Program Directive, Ch. 2.VIII.C.1). A test method, however, is a specified technical procedure for performing a test. As such, a test method is not an appropriate test standard. While a NRTL may use a test method to determine if certain safety requirements are met, a test method is not itself a safety requirement for a specific product category.

Second, a document that focuses primarily on usage, installation, or maintenance requirements, and not safety requirements ( i.e., features, parts, capabilities, usage limitations, or installation requirements that would create a potential hazard in operating the equipment if not properly used), would also not be considered an appropriate test standard (NRTL Program Directive, Ch. 2.VIII.C.1). In some cases, however, a document may also provide safety test specifications in addition to usage, installation, and maintenance requirements. In such cases, the document would be retained as an appropriate test standard based on the safety test specifications.

Finally, a document may not be considered an appropriate test standard if the document covers products for which OSHA does not require testing and certification (NRTL Program Directive, Ch. 2.VIII.C.2). Similarly, a document that covers electrical product components would not be considered an appropriate test standard. These documents apply to types of components that have limitation(s) or condition(s) on their use, which are not appropriate for use as end-use products. These documents also specify that these types of components are for use only as part of an end-use product. NRTLs, however, evaluate such components only in the context of evaluating whether end-use products requiring NRTL approval are safe for use in the workplace. Accordingly, as a matter of policy, OSHA considers that documents covering such components are not appropriate test standards under the NRTL Program. OSHA notes, however, that it is not proposing to delete from NRTLs' scope of recognition any test standards covering end-use products that contain such components.

In addition, OSHA notes that, to conform to a test standard covering an end-use product, a NRTL must still determine that the components in the product comply with the components' specific test standards. In making this determination, NRTLs may (within the confines of the requirements of Annex B, Section 7.4 G and H of the NRTL Program Policies, Procedures, and Guidelines, OSHA Instruction CPL 01–00–004 (Oct. 1, 2019) (the NRTL Program Directive, available at https://www.osha.gov/​sites/​default/​files/​enforcement/​directives/​CPL_​01-00-004.pdf)) test the components themselves or accept the testing of a qualified testing organization that a given component conforms to the particular test standard. OSHA reviews each NRTL's procedures to determine which approach the NRTL will use to address components and reviews the end-use product testing to verify that the NRTL appropriately addresses that product's components.

II. Summary of Proposed Actions

In a July 12, 2023 Federal Register notice (88 FR 44406, referred to in this notice as “Proposed Modification,” and available at www.regulations.gov under Docket ID OSHA–2013–0012–0030), OSHA proposed to delete several test standards from the NRTL Program's list of appropriate test standards; incorporate two replacement standards into the NRTL Program's list of appropriate test standards; remove deleted test standards from the scopes of recognition of several NRTLs; and add to the scopes of recognition of some of these NRTLs replacement test standards, as applicable. The notice requested public comment on the proposal; however, no comments were received in response to the Federal Register notice. As will be explained below, OSHA is issuing a final decision on these matters as proposed, without modification.

III. Final Decision To Remove Test Standards From the NRTL Program's List of Appropriate Test Standards

In this notice, OSHA announces the final decision to delete several withdrawn test standards from the NRTL Program's List of Appropriate Test Standards. OSHA also announces the final decision to incorporate into the NRTL Program's List of Appropriate Test Standards two replacement test standards. These final actions are detailed below in Table 1.

Table 1—Test Standards OSHA Is Removing From NRTL Program's List of Appropriate Test Standards

Deleted test standard	Test standard title	Reason for deletion	Replacement standard
ANSI/AAMI ES60601–1:2005/(R)2012	Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
AAMI ES60601–1:2005/(R)2012	Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)	Standard has been amended by a SDO.
AAMI ES60601–1	Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance (with amendments)	Standard has been amended by a SDO.
UL 60601–1	Medical Electrical Equipment, Part 1: General Requirements for Safety	Withdrawn	None.
UL 60730–1A	Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
IEEE C37.013	AC High-Voltage Generator Circuit Breakers Rated on a Symmetrical Current Basis	Withdrawn	None.
IEEE C37.46	Power Fuses and Fuse Disconnecting Switches	Withdrawn	None.
IEEE C37.47	Distribution Fuse Disconnecting Switches, Fuse Supports, and Current-Limiting Fuses	Withdrawn	None.
ISA 82.02.02	Electrical Equipment for Measurement, Control and Laboratory Use	Withdrawn	None.
NFPA 16	Installation of Foam Water Sprinkler and Foam-Water Spray Systems	Withdrawn	None.
UL 17	Vent or Chimney Connector Dampers for Oil-Fired Appliances	Withdrawn	None.
UL 250	Household Refrigerators and Freezers	Withdrawn	None.
UL 474	Dehumidifiers	Withdrawn	None.
UL 664	Commercial (Class IV) Electric Dry-Cleaning Machines	Withdrawn	None.
UL 745–2–5	Particular Requirements for Circular Saws and Circular Knives	Withdrawn	None.
UL 745–2–14	Particular Requirements for Planers	Withdrawn	None.
UL 745–2–35	Particular Requirements for Drain Cleaners	Withdrawn	None.
UL 873	Electrical Temperature-Indicating and -Regulating Equipment	Withdrawn	None.
UL 984	Hermetic Refrigerant Motor-Compressors	Withdrawn	None.
UL 1028	Electric Hair-Clipping and -Shaving Appliances	Withdrawn	None.
UL 1054	Special-Use Switches	Withdrawn	None.
UL 1626	Residential Sprinklers for Fire Protection Service	Withdrawn	None.
UL 1662	Electric Chain Saws	Withdrawn	None.
UL 1767	Early-Suppression Fast-Response Sprinklers	Withdrawn	None.
UL 65	Electric Wired Cabinets	Withdrawn	None.
UL 508C	Power Conversion Equipment	Withdrawn	None.

IV. Final Decision To Modify Affected NRTLs' Scope of Recognition

In this notice, OSHA announces the final decision to remove test standards (those listed in Table 1, above) from the scopes of recognition of several NRTLs and to add to the scopes of recognition of some of these NRTLs replacement test standards, as applicable. The tables in this section (Table 2 through Table 16) list, for each affected NRTL, the test standard(s) that OSHA is removing from the scope of recognition of the NRTL, along with the test standard(s) that OSHA will incorporate into the scope of recognition to replace withdrawn (and deleted) test standards, as applicable.

Table 2—Test Standard OSHA Is Removing From/Adding to the Scope of Recognition of Bureau Veritas Consumer Products Services, Inc.

Test standard being removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.

Table 3—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of CSA Group Testing & Certification Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
AAMI ES 60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
IEEE C37.013	Withdrawn	None.
IEEE C37.46	Withdrawn	None.
IEEE C37.47	Withdrawn	None.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508C	Withdrawn	None.
UL 664	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 873	Withdrawn	None.
UL 984	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1054	Withdrawn	None.
UL 1662	Withdrawn	None.

Table 4—Test Standards OSHA Is Removing From/Adding to the Scope Recognition of DEKRA Certification Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
AAMI 60601–1	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.

Table 5—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Eurofins Electrical and Electronic Testing Na, Inc. a/k/a MET Laboratories, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508C	Withdrawn	None.
UL 664	Withdrawn	None.
UL 745–2–5	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1054	Withdrawn	None.
UL 1662	Withdrawn	None.

Table 6—Test Standards OSHA Is Removing From the Scope of Recognition of FM Approvals

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ISA 82.02.02	Withdrawn	None.
UL 664	Withdrawn	None.

Table 7—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Intertek Testing Services NA, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
IEEE C37.013	Withdrawn	None.
IEEE C37.46	Withdrawn	None.
ISA 82.02.02	Withdrawn	None.
UL 17	Withdrawn	None.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508C	Withdrawn	None.
UL 664	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 873	Withdrawn	None.
UL 984	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1054	Withdrawn	None.
UL 1662	Withdrawn	None.

Table 8—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of Nemko North America, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 250	Withdrawn	None.

Table 9—Test Standards OSHA Is Removing From the Scope of Recognition of NSF International

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 873	Withdrawn	None.

Table 10—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of QAI Laboratories, LTD

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
AAMI ES60601–1	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.

Table 11—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of QPS Evaluation Services, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES 60601–1: 2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.

Table 12—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of SGS North America, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 1028	Withdrawn	None.

Table 13—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TUV Rheinland of North America, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508C	Withdrawn	None.
UL 664	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 984	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1054	Withdrawn	None.
UL 1662	Withdrawn	None.

Table 14—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TÜV SÜD America, Inc.

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508c	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 873	Withdrawn	None.
UL 984	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1662	Withdrawn	None.

Table 15—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of TÜV SÜD Product Services GmbH

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 60730–1 Automatic Electrical Controls—Part 1: General Requirements.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 873	Withdrawn	None.

Table 16—Test Standards OSHA Is Removing From/Adding to the Scope of Recognition of UL LLC

Test standard to be removed	Reason for removal	Replacement test standard(s) (if applicable)
ANSI/AAMI ES60601–1:2005/(R)2012	Standard has been amended by a SDO	ANSI/AAMI ES 60601–1 Medical Electrical Equipment—Part 1: General Requirements for Basic Safety and Essential Performance.
UL 60601–1	Withdrawn	None.
UL 60730–1A	Standard has been amended by a SDO	UL 61730–1 Already in UL's Scope of Recognition.
IEEE C37.013	Withdrawn	None.
IEEE C37.46	Withdrawn	None.
IEEE C37.47	Withdrawn	None.
UL 17	Withdrawn	None.
UL 65	Withdrawn	None.
UL 250	Withdrawn	None.
UL 474	Withdrawn	None.
UL 508C	Withdrawn	None.
UL 664	Withdrawn	None.
UL 745–2–14	Withdrawn	None.
UL 745–2–35	Withdrawn	None.
UL 873	Withdrawn	None.
UL 984	Withdrawn	None.
UL 1028	Withdrawn	None.
UL 1054	Withdrawn	None.
UL 1626	Withdrawn	None.
UL 1662	Withdrawn	None.
UL 1767	Withdrawn	None.

OSHA will place on its informational web pages the modifications to each NRTL's scope of recognition. These web pages detail the scope of recognition for each NRTL, including the test standards the NRTL may use to test and certify products under OSHA's NRTL Program. OSHA also will add to the list of “Appropriate Test Standards” web page those test standards added to the NRTL Program's List of Appropriate Test Standards. The agency will add to the “Standards No Longer Recognized” web page those test standards that OSHA no longer recognizes or permits under the NRTL Program. Access to these web pages is available at http://www.osha.gov/​dts/​otpca/​nrtl/​index.html.

V. Authority and Signature

James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice. Accordingly, the agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 8–2020 (85 FR 58393, Sept. 18, 2020), and 29 CFR 1910.7.

Signed at Washington, DC, on September 6, 2023.

James S. Frederick,

Deputy Assistant Secretary of Labor for Occupational Safety and Health.