[Federal Register Volume 63, Number 80 (Monday, April 27, 1998)]
[Notices]
[Pages 20661-20662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11107]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-2-97]
Detroit Testing Laboratory, Inc., Recognition as an NRTL
AGENCY: Occupational Safety and Health Administration; Labor.
ACTION: Notice of recognition as a Nationally Recognized Testing
Laboratory (NRTL).
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SUMMARY: This notice announces the Agency's final decision on the
application of Detroit Testing Laboratory, Inc. for recognition as an
NRTL under 29 CFR 1910.7.
EFFECTIVE DATE: This recognition will become effective on April 27,
1998 and will be valid for a period of five years from that date, until
April 28, 2003, unless terminated prior to that date, in accordance
with 29 CFR 1910.7.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities, NRTL Program, Occupational Safety
and Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, N.W., Room N3653, Washington, D.C. 20210, or phone (202) 219-
7056.
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
Notice is hereby given that the Occupational Safety and Health
Administration (OSHA) has recognized Detroit Testing Laboratory, Inc.
(DTL) as a Nationally Recognized Testing Laboratory for the equipment
or materials listed below. DTL applied for recognition as a Nationally
Recognized Testing Laboratory, pursuant to 29 CFR 1910.7, and a notice
of the application was published in the Federal Register (62 FR 62358,
11/21/97). The notice included a preliminary finding that DTL could
meet the requirements for recognition detailed in 29 CFR 1910.7, and
invited public comment on the application by January 20, 1998. No
comments were received concerning this request for recognition.
Copies of all application documents (Docket No. NRTL-2-97) are
available for inspection and duplication at the Docket Office,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, N.W., Room N2634, Washington, D.C.
20210.
The address of the laboratory covered by this application is:
Detroit Testing Laboratory, Inc., 7111 E. Eleven Mile, Warren, Michigan
48092.
Background
Detroit Testing Laboratory, Inc. (DTL), according to the applicant,
is a Michigan corporation and was formally incorporated in 1949. The
applicant states that the lab was originally founded in 1903 as a
partnership, that ownership of the lab changed in 1948 and again in
1968, and that in 1976, the current owner purchased DTL as sole
stockholder.
The applicant submitted an application package, and separately
submitted a Quality Assurance (QA) Manual (see Exhibits 2A and 2B). The
QA Manual includes: An organization chart, position descriptions, and
resumes of key personnel; department descriptions including equipment
and standards used for departments involved in testing; description of
certifications done and standards used for certification; and the
details on how calibrations are handled, including descriptions of
equipment and standards.
The four primary criteria for recognition are presented below,
along with examples which illustrate how DTL has met these criteria.
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 capability (including proper testing equipment and
facilities, trained staff, written testing procedures, and calibration
and quality control programs) to perform appropriate testing. The
application and on-site review report indicate that DTL meets these
criteria.
The applicant has one main facility at its site in Warren,
Michigan, and a smaller test facility in Center Line, Michigan. This
smaller site is not included in the applicant's request for
recognition. The applicant has natural gas, electric, compressed air,
steam, and water available in the laboratory for product testing and
for calibrations and tests.
The applicant's QA Manual shows the testing experience of its key
testing staff, mentions its certification, and listing and labeling
experience with products, and describes its testing capabilities and
experience in a number of specific areas. It also contains a list of
major instrumentation and equipment.
Quality Assurance (QA) Procedures, Test/Operating procedures
(developed on a form, the original of which is kept by each lab),
calibration procedures, and audits (including proficiency audits which
depends in part on the use of outside private services) are described
in the QA Manual. Furthermore, the QA includes an Internal Corrective
Action Procedure whereby reports are issued to an area when it operates
outside the guidelines of the QA System. The QA Manual also contains a
sample handling procedure and procedures on employee training. Written
procedures exist for typical tests, per QA Manual.
[[Page 20662]]
Control Procedures
Section 1910.7(b)(2) requires that the NRTL provide certain
controls and services, to the extent necessary, for the particular
equipment or material to be listed, labeled, or accepted. These consist
of implementation of control procedures for identifying the listed or
labeled equipment or materials, inspecting the production runs at
factories to assure conformance with test standards, and conducting
field inspections to monitor and assure the proper use of identifying
marks or labels. The application and on-site review report indicate
that DTL meets these criteria.
The application contains the description of the listing and
labeling procedure, and indicates ``inspections'' will be done four
times per year and periodic compliance testing is done every four
years. A sample listing and follow-up agreement was also provided. In
addition, ``Instructions for * * * Inspections * * *,'' and a sample
inspection form were submitted.
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. The application and on-site review report
indicate that DTL meets these criteria.
A statement of independence was supplied attesting that DTL is
independent of any producer, supplier, or vendor. The applicant claims
in the statement that, for products being tested and certified: It has
no managerial affiliations with any producer, supplier, or vendor; it
has no securities, investments, or stock options in the product lines;
the employment security of its personnel is free from influence by any
producer, supplier, or vendor; that it is not owned, operated, or
controlled by any producers, suppliers, or vendors; and that it is not
engaged in promotion or design.
Creditable Reports/Complaint Handling
Section 1910.7(b)(4) provides that the 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. The application and on-
site review report indicate that DTL meets these criteria.
The QA Manual contains details on development of test data and
reports, and both the application and the QA Manual describe a
complaint procedure.
Standards
After publication of the notice of the application and preliminary
finding, DTL informed OSHA that one of the standards it had requested
for recognition, ANSI/UL 1025 Electric Air Heaters, had been withdrawn
by Underwriters Laboratories Inc. (UL), the organization that developed
this test standard. DTL subsequently requested recognition for the two
standards which replaced ANSI/UL 1025, in a letter dated January 6,
1998.
Inasmuch as the original standard was withdrawn by UL prior to the
publication of the application, the notice was in error and OSHA is
granting the request to correct the error. Also, OSHA believes that the
two new standards are substantially equivalent to the standard
withdrawn, and that DTL has the necessary capability to test and
certify to those standards.
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 On-Site Review Report, dated June
25, 1997 (see Exhibit 3), OSHA finds that Detroit Testing Laboratory,
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, Detroit Testing Laboratory, Inc. is hereby recognized as a
Nationally Recognized Testing Laboratory, subject to the limitations
and conditions listed below.
Limitations
This recognition is limited to equipment or materials which, under
Title 29, require or permit testing, listing, labeling, approval,
acceptance, or certification, by a Nationally Recognized Testing
Laboratory. This recognition is further limited to the use of the
following test standards for the testing and certification of equipment
or materials included within the scope of these standards.
DTL asserts by its application that the following standards pertain
to equipment or materials that will be used in environments under
OSHA's jurisdiction, and OSHA has determined they are appropriate
within the meaning of 29 CFR 1910.7(c):
ANSI/UL 234 Low Voltage Lighting Fixtures for Use in Recreational
Vehicles
ANSI/UL 1278 Standard for Safety for Movable and Wall- or Ceiling-Hung
Electric Room Heaters
UL 2021 Fixed and Location-Dedicated Electric Room Heaters
Conditions
Detroit Testing Laboratory, Inc. must also abide by the following
conditions of the recognition, in addition to those already required by
29 CFR 1910.7:
OSHA shall be allowed access to DTL's facility and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
If DTL has reason to doubt the efficacy of any test standard it is
using under this program, it shall promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;
DTL 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, DTL agrees that it will allow no representation
that it is either a recognized or an 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;
DTL shall inform OSHA as soon as possible, in writing, of any
change of ownership or key personnel, including details;
DTL will continue to meet the requirements for recognition in all
areas where it has been recognized; and
DTL will always cooperate with OSHA to assure compliance with the
spirit as well as the letter of its recognition and 29 CFR 1910.7.
Signed at Washington, D.C. this 22nd day of April, 1998.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 98-11107 Filed 4-24-98; 8:45 am]
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