[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76394-76395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29827]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0030]
International Association of Plumbing and Mechanical Officials
EGS: Grant of Recognition as a Nationally Recognized Testing Laboratory
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces its final decision to grant
recognition to International Association of Plumbing and Mechanical
Officials EGS as a Nationally Recognized Testing Laboratory (NRTL).
DATES: Recognition as an NRTL becomes effective on December 22, 2014.
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, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: [email protected].
General and technical information: Contact Mr. Kevin Robinson,
Acting 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, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210;
telephone: (202) 693-2110; email: [email protected]. OSHA's Web
page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Background
Many of OSHA's workplace standards require that an NRTL test and
certify certain types of equipment as safe for use in the workplace.
NRTLs are independent laboratories that meet OSHA's requirements for
performing safety testing and certification of products used in the
workplace. To obtain and retain OSHA recognition, NRTLs must meet the
requirements in the NRTL Program regulations at 29 CFR 1910.7. More
specifically, to be recognized by OSHA, an organization must: (1) have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of employers subject to the tested equipment requirements, and
manufacturers and vendors of products for which OSHA requires
certification; (3) have internal programs that ensure proper control of
the testing and certification process; and (4) have effective reporting
and complaint handling procedures. Recognition is an acknowledgement by
OSHA that the NRTL has the capability to perform independent safety
testing and certification of the specific products covered within the
NRTL's scope of recognition, and is not a delegation or grant of
government authority. Recognition of an NRTL by OSHA also allows
employers to use products certified by that NRTL to meet those OSHA
standards that require product testing and certification.
The Agency processes applications for initial recognition following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
OSHA to publish two notices in the Federal Register in processing an
application. In the first notice, OSHA announces the application,
provides its preliminary finding, and solicits comments on its
preliminary findings. In the second notice, the Agency provides its
final decision on the application. These notices set forth the NRTL's
scope of recognition.
II. Notice of Final Decision
OSHA hereby gives notice of the Agency's decision to grant
recognition to International Association of Plumbing and Mechanical
Officials EGS (IAPMO), as an NRTL. According to public information (see
http://www.iapmoegs.org/Pages/default.aspx), IAPMO states that it
performs independent testing and listing for the pool, spa and bathtub
industries. In its application, IAPMO lists the current address of its
headquarters as: IAPMO EGS, 5001 E. Philadelphia Street, Ontario,
California 91761.
Each NRTL's scope of recognition has three elements: (1) The type
of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that have the
technical capability to perform product-testing and product-
certification activities for the applicable test standards within the
NRTL's scope of recognition; and (3) the supplemental program(s) that
the NRTL may use, each of which allows the NRTL to rely on other
parties to perform activities necessary for testing and certification.
IAPMO applied for initial recognition as an NRTL on April 7, 2009. In
its application, IAPMO requested recognition for six test standards,
one
[[Page 76395]]
site, and two supplemental programs (OSHA-2013-0030-0002, Exhibit 14-
1--IAPMO Initial Application for Recognition). OSHA published the
preliminary notice announcing IAPMO's application for recognition in
the Federal Register on August 29, 2014 (79 FR 51618). The Agency
requested comments by September 29, 2014.
OSHA received one anonymous comment in response to this notice
(OSHA-2013-0030-0003). The comment (OSHA-2013-0030-0003) asked how OSHA
ensures the applicant maintains its technical qualifications as well as
the financial resources necessary to ensure only compliant products are
certified. OSHA's NRTL regulations (29 CFR 1910.7(b)(1)) require OSHA
to verify that the applicant ``has the capability (including proper
testing equipment and facilities, trained staff, written testing
procedures, and calibration and quality control programs)'' to perform
testing and certification activities. As part of the application
process, OSHA reviewed IAPMO's procedures and conducted an on-site
assessment of IAPMO's facility. OSHA determined that IAPMO had the
necessary capabilities and resources to perform testing and
certification activities. OSHA will conduct periodic on-site
assessments, just as it does with all NRTLs, to ensure that IAPMO
maintains the capability to perform testing and certification
activities in accordance with OSHA NRTL regulations and policies.
To obtain or review copies of all public documents pertaining to
IAPMO's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2013-0030 contains all materials in the record
concerning IAPMO's recognition.
III. Final Decision and Order
OSHA staff performed a detailed analysis of IAPMO's application
packet and reviewed other pertinent information. OSHA staff also
performed a comprehensive on-site assessment of IAPMO's testing
facilities on February 27-28, 2014. Based on its review of this
evidence, OSHA finds that IAPMO meets the requirements of 29 CFR 1910.7
for recognition as an NRTL, subject to the limitations and conditions
listed below. OSHA, therefore, is proceeding with this final notice to
grant recognition to IAPMO as an NRTL. The following sections set forth
the scope of recognition included in IAPMO's grant of recognition.
A. Standards Requested for Recognition
OSHA limits IAPMO's scope of recognition to testing and
certification of products for demonstration of conformance to the test
standards listed in Table 1 below.
Table 1--List of Appropriate Test Standards for Inclusion in IAPMO's
NRTL Scope of Recognition
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Test standard Test standard title
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UL 778.................................... Motor-Operated Water Pumps.
UL 1081................................... Swimming Pool Pumps,
Filters, and Chlorinators.
UL 1431................................... Personal Hygiene and Health
Care Appliances.
UL 1563................................... Electric Spas, Equipment
Assemblies, and Associated
Equipment.
UL 1795................................... Hydromassage Bathtubs.
UL 1951................................... Electric Plumbing
Accessories.
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OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include these products.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.
B. Sites Requested for Recognition
OSHA limits IAPMO's scope of recognition to include the site at
IAPMO EGS, 5001 E. Philadelphia Street, Ontario, California 91761.
OSHA's recognition of this site limits IAPMO to performing product
testing and certifications only to the test standards for which the
site has the proper capability and programs, and for test standards in
IAPMO's scope of recognition. This limitation is consistent with the
recognition that OSHA grants to other NRTLs.
C. Supplemental Programs
OSHA limits IAPMO's scope of recognition to include the following
supplemental programs:
Program 2: Acceptance of testing data from independent
organizations, other than NRTLs.
Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents (for calibration services only).
A. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
IAPMO also must abide by the following conditions of the recognition:
1. IAPMO must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
2. IAPMO must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. IAPMO must continue to meet the requirements for recognition,
including all previously published conditions on IAPMO's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants
recognition to IAPMO as an NRTL, subject to the limitations and
conditions specified above.
IV. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, 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. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on December 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-29827 Filed 12-19-14; 8:45 am]
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