[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