[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17888]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-1-93]

 

Wyle Laboratories; Recognition as a Nationally Recognized Testing 
Laboratory

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 Wyle Laboratories for recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

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, DC 20210.

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision

    Notice is hereby given that Wyle Laboratories, which made 
application pursuant to 29 CFR 1910.7, has been recognized as a 
Nationally Recognized Testing Laboratory for the equipment or material 
listed below.
    The address of the laboratory covered by this application is: Wyle 
Laboratories, 7800 Governors Drive, P.O. Box 077777, Huntsville, 
Alabama 35807.

Background

    Wyle Laboratories (WL), a publicly-held corporation, was founded in 
1949 in El Segundo, California, as an independent test laboratory to 
support the aerospace industry. In 1959, Wyle expanded to a new 
location in Norco, California and created the Huntsville facility in 
1962 to support the National Aeronautics and Space Administration 
(NASA) and the establishment of the George C. Marshall Space Flight 
Center (MSFC) in Huntsville, Alabama, with testing, engineering, and 
research capabilities. Of the three major operations at the Huntsville 
facility, the one of interest to the NRTL Accreditation program is the 
Test Operations Division, which includes the Product Safety Department. 
The Product Safety Testing and Certification Department of the Test 
Operations Division is responsible for the testing, certification, and 
factory follow-up inspections of the products.
    Wyle Laboratories applied to OSHA for recognition as a Nationally 
Recognized Testing Laboratory in April 1992. An on-site evaluation was 
conducted from November 2-6, 1992, and the results discussed with the 
applicant who responded [Ex. 3A(2)] with appropriate actions and 
clarifications to recommendations made as a result of the survey [Ex. 
3A(1)]. These actions were accomplished prior to the preparation of the 
final report. The final on-site review report (Ex. 3A) consisting of 
the on-site evaluation of WL's testing facilities and administrative 
and technical practices, and the corrective actions taken by WL in 
response to these evaluations, and the OSHA staff recommendation, were 
subsequently forwarded to the Assistant Secretary for a preliminary 
finding on the application. A notice of WL's application together with 
a positive preliminary finding was published in the Federal Register on 
January 6, 1994 (59 FR 783-785). There were eight responses, all of a 
positive nature, to this Federal Register notice of the WL application 
and preliminary finding (Docket No. NRTL-1-93).
    The Occupational Safety and Health Administration has evaluated the 
entire record in relation to the regulations set out in 29 CFR 1910.7 
and makes the following findings:

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 on-site review report indicates that WL does have testing 
equipment and facilities appropriate for the areas of recognition it 
seeks. The laboratory has available all the general test equipment 
required to perform the testing required by the particular standards 
for which accreditation is sought. If any unique pieces of additional 
equipment are necessary, WL will obtain them as required.
    WL's laboratory has adequate floor space for testing and evaluation 
and an adequate number of technical and professional personnel to 
accomplish the services required for the present workload in the areas 
of recognition it seeks. Environmental conditions in the laboratory are 
adequately controlled for the type of testing performed in the 
laboratory.
    OSHA has determined that Wyle Laboratories has appropriate written 
test procedures, and calibration and quality control programs to enable 
it to adequately perform appropriate testing.

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. The laboratory, in order 
to be recognized, must also maintain effective procedures for handling 
complaints under a fair and reasonable system. Wyle Laboratories meets 
these criteria.
    WL's application as well as the on-site review report indicate that 
WL does maintain effective procedures for producing creditable findings 
and reports that are objective. The laboratory maintains a system for 
identifying product samples submitted for testing to ensure that there 
is no confusion regarding the identity of the samples or the results of 
the measurement.
    Wyle Laboratories' Standard Operating Procedure documents the 
investigation and testing for product safety investigations. These 
standard operating procedures specify the records that are to be 
maintained for the investigation, list the general steps of the 
investigation in chronological order, specify the personnel responsible 
for conducting each stage of the investigation, and require the 
investigators to verify that the latest edition of the standards are 
used.
    Wyle Laboratories has a written Appeals Procedure which provides an 
unbiased review of questions or protests regarding the results or 
process of Wyle Laboratories' Product Safety Certification Program by a 
client or any interested third party.

Type of Testing

    The standard contemplates that testing done by NRTLs fall into one 
of two categories: testing to determine conformance with appropriate 
test standards, or experimental testing where there might not be one 
specific test standard covering the new product or material. WL has 
applied for recognition in the first category.

Follow-Up 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.
    Wyle Laboratories performs inspections of factory production runs 
to assure conformance with the appropriate product safety standard and 
WL's Certification Report. The adequacy of the manufacturer's Quality 
Control Program will be reviewed on the initial inspection.
    WL's Follow-Up Services Agreement requires that it will have 
access, unannounced and unrestricted, to all facilities where products 
may be fabricated, processed, or stored. Such inspections will be 
conducted at approximately three-month intervals from the date of the 
initial inspection, (four times per year), depending upon production 
schedules. The inspection is to assure that the product on the 
production line is identical to the product tested and approved for 
labeling.
    The procedure states that unresolved discrepancies found during the 
follow-up inspections could result in forfeiture of the right to apply 
the label, removal of the already affixed labels, and the recall of 
products sold with the label. WL will retain the right to notify 
vendors, authorities, potential users, and others of the improper, or 
unauthorized, use of its mark.
    WL will conduct field inspections to monitor and assure the proper 
use of its certification mark after the products are delivered.

Independence

    Section 1910.7(b)(3) requires that an NRTL be completely 
independent of employers subject to the tested equipment requirements 
and of any manufacturer or vendors of equipment or materials being 
tested. The applicant stated in it application that it is in complete 
compliance with this requirement.
    OSHA believes, based upon an examination of the application with 
particular reference to the statements in Exhibit 2A(1), Section 3, 
pages 12 and 13, and the response (Ex. 4) to questions raised by the 
Office of the Solicitor, that Wyle Laboratories is independent within 
the meaning of section 1910.7(b)(3).

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 as an American National Standards Institute 
(ANSI) safety designated product standard or an American Society for 
Testing and Materials (ASTM) test standard used for evaluation of 
products or materials. As to the non-ANSI UL test standards for which 
WL has applied to test products to, OSHA previously had examined the 
status of the Underwriters Laboratories Inc. (UL) Standards for Safety 
and, in particular, the method of their development, revision and 
implementation, and had determined that they are appropriate test 
standards under the criteria described in 29 CFR 1910.7(c) (1), (2), 
and (3). That is, these standards specify the safety requirements for 
specific equipment or classes of equipment and are recognized in the 
United States as safety standards providing adequate levels of safety; 
they are compatible and remain current with periodic revisions of 
applicable national codes and installation standards; and they are 
developed by a standards developing organization under a method 
providing for input and consideration of views of industry groups, 
experts, users, consumers, governmental authorities, and others having 
broad experience in the safety fields involved.

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 Wyle Laboratories 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, Wyle Laboratories is 
hereby recognized as a Nationally Recognized Testing Laboratory subject 
to the conditions listed below. 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 standards for the testing and 
certification of equipment or materials included within the scope of 
these standards.
    WL has stated that all the standards in these categories are used 
to test equipment or materials which may be used in environments under 
OSHA's jurisdiction. These standards are all considered appropriate 
test standards under 29 CFR 1910.7(c):

ANSI/UL  153--Portable Electric Lamps
ANSI/UL  187--X-Ray Equipment
ANSI/UL  465--Central Cooling Air Conditioners
ANSI/UL  484--Room Air Conditioners
ANSI/UL  489--Molded-Case Circuit Breakers and Circuit-Breaker 
Enclosures
ANSI/UL  499--Electric Heating Appliances
ANSI/UL  506--Specialty Transformers
ANSI/UL  508--Industrial Control Equipment
    UL 544--Electric Medical and Dental Equipment
ANSI/UL  698--Industrial Control Equipment for Use in Hazardous 
(Classified) Locations
ANSI/UL  1012--Power Supplies
ANSI/UL  1025--Electric Air Heaters
ANSI/UL  1069--Hospital Signaling and Nurse Call Equipment
ANSI/UL  1087--Molded-Case Switches
ANSI/UL  1236--Electric Battery Chargers
    UL 1244--Electrical and Electronic Measuring and Testing Equipment
ANSI/UL  1262--Laboratory Equipment
ANSI/UL  1310--Direct Plug-In Transformer Units
ANSI/UL  1411--Transformers and Motor Transformer for Use in Audio-, 
Radio-, and Television-Type Appliances
ANSI/UL  1459--Telephone Equipment
ANSI/UL  1570--Fluorescent Lighting Fixtures
ANSI/UL  1571--Incandescent Lighting Fixtures
ANSI/UL  1585--Class 2 and Class 3 Transformers
ANSI/UL  1778--Uninterruptible Power Supply
    UL 1863--Communication Circuit Accessories
ANSI/UL  1950--Information Technology Equipment Including Electrical 
Business Equipment

    Wyle Laboratories must also abide by the following conditions of 
its recognition, in addition to those already required by 29 CFR 
1910.7:
    This recognition does not apply to any aspect of any program which 
is available only to qualified manufacturers and is based upon the 
NRTL's evaluation and accreditation of the manufacturer's quality 
assurance program;
    The Occupational Safety and Health Administration shall be allowed 
access to WL's facilities and records for purposes of ascertaining 
continuing compliance with the terms of its recognition and to 
investigate as OSHA deems necessary;
    If WL 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;
    WL 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, WL 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;
    WL shall inform OSHA as soon as possible, in writing, of any change 
of ownership, facilities, or key personnel, including details;
    WL will continue to meet the requirements for recognition in all 
areas where it has been recognized;
    WL will not test or certify any equipment or materials for a client 
which installs its equipment in an electronic enclosure cabinet 
manufactured or distributed by Wyle.
    WL will always cooperate with OSHA to assure compliance with the 
letter as well as the spirit of its recognition and 29 CFR 1910.7.

Effective Date: This recognition will become effective on July 22, 1994 
and will be valid for a period of five years from that date, until July 
24, 1999, unless terminated prior to that date, in accordance with 29 
CFR 1910.7.

    Signed at Washington DC this 15th day of July, 1994.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 94-17888 Filed 7-21-94; 8:45 am]
BILLING CODE 4510-26-M