[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18107]


[[Page Unknown]]

[Federal Register: July 26, 1994]


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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-2-93]

 

Entela, Inc.; 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 Entela, 
Inc. 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, Third Street and Constitution Avenue NW., Room N3653, 
Washington, DC 20210.

SUPPLEMENTARY INFORMATION: 

Notice of Final Decision

    Notice is hereby given that Entela, Inc. (ENT) which made 
application pursuant to 29 CFR 1910.7 for recognition as a Nationally 
Recognized Testing Laboratory, has been recognized as a Nationally 
Recognized Testing Laboratory for the equipment or material listed 
below.
    The address of the laboratory covered by this recognition is: 
Entela, Inc., 3033 Madison SE., Grand Rapids, Michigan 49548.

Background

    Entela, Inc. was originally founded in 1974 as a Michigan 
Corporation specializing in structural steel inspection. In 1981, 
equipment and personnel were added to initiate an in-house materials 
laboratory. This was followed by a formation of certification programs 
within Entela, Inc.
    The original company as founded is Entel Engineering Services with 
departments in structural engineering, field service inspection, 
asbestos inspection, and geotechnical engineering. Rapid growth in its 
laboratory division led to the formation of Entela Laboratories, which 
is a testing consulting company providing services to the manufacturing 
industry. The services offered at Entela Laboratories include metals 
chemistry, simulated environmental testing, plastics/non-metals 
testing, product testing, electrical/electronics testing, metallurgy, 
mechanical engineering, third party certification programs, metrology, 
and calibration. As of July 1992, Entela, Inc. employed over 75 
individuals and had two facilities, located in Grand Rapids, Michigan 
and Taipei, Taiwan. This recognition, however, does not extend to the 
Taiwan facility.
    Entela, Inc's. initial application, dated July 31, 1992 (Ex. 2A) 
was amended by letter dated February 9, 1993 (Ex. 2D) to apply for 
recognition for an additional standard. The application was then 
amended three additional times by letters dated February 11, 1993 (Ex. 
2E), May 19, 1993 (Ex. 2G), and November 30, 1993 (Ex. 2I), to its 
present form. The final on-site review report (Ex. 3A), consisting of 
an on-site evaluation of ENT's Grand Rapids testing facilities and 
administrative and technical practices, conducted from February 8 
through 11, 1993 [Ex. 3A(1)] and the corrective action taken by Entela, 
Inc. [Ex. 3A(2)], and the OSHA staff recommendation, were subsequently 
forwarded to the Assistant Secretary for a preliminary finding on the 
application. A notice of ENT's application together with a positive 
preliminary finding was published in the Federal Register on March 3, 
1994 (59 FR 10180-10185). Interested parties were invited to submit 
comments.
    There were 36 responses to the Federal Register notice of the ENT 
application and preliminary finding (Docket No. NRTL-2-93), all of 
which agreed with OSHA's preliminary determination.
    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 ENT 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 standards. If any 
unique pieces of additional equipment are necessary, ENT will obtain 
them as required through an ENT approved source.
    ENT'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 Entela, Inc. 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. Entela, Inc. meets these 
criteria.
    ENT's application as well as the on-site review report indicate 
that ENT 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.
    The specific ongoing programs the laboratory is involved with that 
identify the records required to be maintained for an investigation 
were followed. These programs use ANSI/UL Standards, ASTM test 
procedures, the Quality Control Manual (Ex. 2J), Third Party 
Certification Program (TPCP) Manual, (Ex. 2H), Client Test Procedures, 
and Departmental Operational Procedures. These procedures contain 
construction or testing parameters to be met by the product being 
evaluated and, as required, the chronological order of evaluation. 
Where appropriate, the test engineer provides a narrative report along 
with the test data to document compliance of a product with the 
standard. Standardized tests that are frequently run have a standard 
test data sheet available that contains the necessary information for 
the laboratory technician.
    Sample test and evaluation procedures and reports for the NRTL 
Program activities were reviewed. These sample reports include 
narrative descriptions. The test procedure format and scope are 
identified in the Third Party Certification Program Manual, and 
describe the content and scope for the Standard Operational Procedure 
for the program. The laboratory has developed a generalized processing 
procedure for the product classes of electrical appliances and lighting 
products in final form, and in draft form for flammability testing.
    Permanent records are compiled to document all technical and 
quality related activities of the Certification and Testing Division. 
The system for controlling all technical and quality records is 
described in the Quality Assurance Manual.
    The certification reports contain the following: Name and location 
of submitter and factory; title, number, and date of standard used for 
evaluation; file number, report date, edition number and revision date; 
description of product including drawings, specifications, and 
photographs; conditions of product use; construction and testing 
narratives which describe how the product(s) comply with the standard; 
tests and results of tests; deviations and technical rationale for 
acceptance. The Quality Assurance Manual and the Third Party 
Certification Program Manual identify the minimum information and 
reporting format required for an investigation. Most reports followed 
the required format, and ENT is taking appropriate action to assure 
that all reports will do so in the future. Entela has documented 
specific procedures for the recording of any deviations and the 
associated technical rationale, or for the modification of testing 
protocol.
    The present policy is to utilize a technical committee and 
standards experts to determine the appropriate standard in evaluating a 
product. Standard interpretations are developed by consensus of the 
technical committee. The Project Manager distributes technical advisory 
letters describing standards policy on interpretation or deviation 
decisions to all parties affected. The laboratory personnel are members 
of various organizations which develop standards applicable to their 
on-going programs in the automotive flammability, metallurgical, 
quality, electrical and chemical testing areas.
    In addition, the laboratory, in order to be recognized, must also 
maintain effective procedures for handling complaints under a fair and 
reasonable system.
    A technical committee and standards experts determine the 
appropriate standard or standards to be utilized in evaluating the 
product. Disagreements between the applicant and the laboratory 
regarding standards applicability are resolved using the Entela Inc., 
Third Party Certification Committee, technical experts, and input from 
the standards-writing organization. The decision of the laboratory 
regarding which standard is applicable is final.
    The TPCP Manual addresses the interpretation of these standards and 
the appeals procedure available to a client, when there is a 
disagreement with that interpretation. The TPCP Committee interprets 
the section of the standard, which are also available for distribution 
to interested parties. The mechanism for dealing with consumer 
inquiries and complaints is also adequately addressed in the TPCP 
Manual.

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. ENT 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.
    Entela presently performs follow-up inspections at various 
facilities for programs outside of the NRTL program, which have 
demonstrated its capability in this area. Written procedures are in 
place for the various programs. For example, the TPCP Manual, which is 
presently used in the Government Services Administration (GSA) 
Furniture Certification Program, identifies the various steps, policies 
and procedures that will be used in the NRTL Program. A separate manual 
is presently used in Entela's Certified Automotive Parts Association 
(CAPA) Program. The Nuclear Program is covered under the Quality 
Manual.
    The Entela, Inc. follow-up inspection procedure for the NRTL 
program requires quarterly inspections on an unannounced basis at the 
manufacturing facility.
    This program is designed to assure that:

1. The Entela, Inc. mark is applied only to certified products;
2. That the terms of the agreement with the manufacturer are adhered to 
when the Entela Inc. mark is used;
3. Defects noted during previous inspections have been corrected;
4. Document control procedures and support staff training should 
provide the assurance that all facility assessment records are on file.

    NRTL factory inspections will be performed at the rate of at least 
four inspections per factory per year. The frequency varies with 
product volumes, types of products, and the manufacturer's prior 
record.
    When products fail to meet the requirements, the Quality Services 
Division takes action to either have the manufacturer correct the 
defect immediately, quarantine stock until the product can be reworked 
or reevaluated by the Entela testing engineer, or remove the Entela, 
Inc. mark from the product.
    Entela, Inc. has a standard follow-up inspection form that will be 
used to document the findings at the manufacturing site. The inspector 
or inspecting engineer will use this form along with the follow-up 
inspection file for that manufacturing site and product to evaluate the 
product.
    Engela, Inc. has a pre-qualification checklist for the evaluation 
of a manufacturing facility that will be used prior to the factory 
labeling of any products in the NRTL Program, as well as the Follow-Up 
Service Inspection Report. The TPCP Manual identifies the procedures 
required for the selection of product samples to test.
    Entela, Inc.'s Quality Services Division will monitor products in 
the field, when prompted by either factor anomalies or complaints, and 
investigate field complaints. Entela, Inc reserves the right to utilize 
safety related public notification and mandatory recall procedures. All 
consumer complaints are forwarded to the Quality Services Director, 
Vice President, or President, as appropriate.

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 vendor of equipment or materials being 
tested. The applicant stated in its application that it is in complete 
compliance with this requirement.
    OSHA believes, based upon an examination of the application with 
particular reference to Exhibits 2B and 2J, that Entela, Inc. 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 
ENT 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 Entela, 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, Entela, Inc. 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.
    ENT 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 45--Portable Electric Tools
ANSI/UL 48--Electric Signs
ANSI/UL 50--Electric Cabinets and Boxes
ANSI/UL 67--Electric Panelboards
ANSI/UL 73--Electric-Motor-Operated Appliances
ANSI/UL 82--Electric Gardening Appliances
ANSI/UL 94*--Tests for Flammability of Plastic Materials for Parts 
in Devices and Appliances
ANSI/UL 98--Enclosed and Dead-Front Switches
UL 141--Garment Finishing Appliances
ANSI/UL 153--Portable Electric Lamps
ANSI/UL 174--Household Electric Storage-Tank Water Heaters
ANSI/UL 197--Commercial Electric Cooking Appliances
UL 213--Rubber Gasketed Fittings for Fire Protection Service
ANSI/UL 250--Household Refrigerators and Freezers
ANSI/UL 298--Portable Electric Hand Lamps
ANSI/UL 325--Door, Drapery, Louver, and Window Operators and Systems
ANSI/UL 469--Musical Instruments and Accessories
ANSI/UL 471--Commercial Refrigerators and Freezers
ANSI/UL 482--Portable Sun/Heat Lamps
ANSI/UL 484--Room Air Conditioners
ANSI/UL 496--Edison-Base Lampholders
ANSI/UL 506--Specialty Transformers
ANSI/UL 507--Electric Fans
ANSI/UL 508**--Electric Industrial Control Equipment
ANSI/UL 541--Refrigerated Vending Machines
ANSI/UL 542--Lampholders, Starters, and Starter Holders for 
Fluorescent Lamps
UL 544--Electric Medical and Dental Equipment
ANSI/UL 559--Heat Pumps
ANSI/UL 560--Electric Home-Laundry Equipment
ANSI/UL 609--Local Burglar-Alarm Units and Systems
ANSI/UL 751--Vending Machines
ANSI/UL 756--Coin and Currency Changers and Actuators
ANSI/UL 778--Motor-Operated Water Pumps
ANSI/UL 796--Printed-Wiring Boards
ANSI/UL 813--Commercial Audio Equipment
ANSI/UL 817--Cord Sets & Power-Supply Cords
ANSI/UL 863--Electric Time-Indicating and Recording Appliance
ANSI/UL 869--Electrical Service Equipment
ANSI/UL 869A--Reference Standard for Service Equipment
ANSI/UL 873--Electrical Temperature-Indicating and Regulating 
Equipment
ANSI/UL 883--Fan-Coil Units and Room-Fan Heater Units
ANSI/UL 923--Microwave Cooking Appliances
ANSI/UL 935--Fluorescent-Lamp Ballasts
ANSI/UL 961--Hobby and Sports Equipment
ANSI/UL 984--Hermetic Refrigerant Motor-Compressors
ANSI/UL 998--Humidifiers
ANSI/UL 1004***--Electric Motors
ANSI/UL 1005--Electric Flatirons
ANSI/UL 1008--Automatic Transfer Switches
ANSI/UL 1012--Power Supplies
ANSI/UL 1026--Electric Household Cooking and Food-Serving Equipment
ANSI/UL 1029--High-Intensity Discharge Lamp Ballasts
ANSI/UL 1042--Electric Baseboard Heating Equipment
ANSI/UL 1082--Household Electric Coffee Makers and Brewing-Type 
Appliances
ANSI/UL 1096--Electric Central Air-Heating Equipment
ANSI/UL 1230--Amateur Movie Lights
UL 1244--Electrical and Electronic Measuring and Testing Equipment
ANSI/UL 1261--Electric Water Heaters for Pools and Tubs
ANSI/UL 1270--Radio Receivers, Audio Systems, and Accessories
ANSI/UL 1286--Office Furnishings
ANSI/UL 1410--Television Receivers and High-Voltage Video Products
ANSI/UL 1433--Control Centers for Changing Message Type Electric 
Signs
ANSI/UL 1438--Household Electric Drip-Type Coffee Makers
ANSI/UL 1445--Electric Water Bed Heaters
ANSI/UL 1459--Telephone Equipment
ANSI/UL 1570--Fluorescent Lighting Fixtures
ANSI/UL 1571--Incandlescent Lighting Fixtures
ANSI/UL 1572--High Intensity Discharge Lighting Fixtures
ANSI/UL 1647--Motor-Operated Massage and Exercise Machines
ANSI/UL 1950--Information Technology Equipment Including Electrical 
Business Equipment

    Notes: 
*--Exclusive of radiant panel testing.
**--Limited to equipment of no greater than 500 amperes.
***--Limited to motors rated no greater than one-half horsepower.

    Entela, Inc. must also abide by the following conditions of its 
recognition, in addition to those already required by 29 CFR 1910.7:
    This recognition applies only to work done at the Grand Rapids 
facility;
    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 ENT's facilities and records for purposes of ascertaining 
continuing compliance with the terms of its recognition and to 
investigate as OSHA deems necessary;
    If ENT 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;
    ENT 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, ENT 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;
    ENT shall inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, including details;
    ENT will continue to meet the requirements for recognition in all 
areas where it has been recognized; and
    ENT 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 26, 
1994 and will be valid for a period of five years from that date, until 
July 26, 1999, unless terminated prior to that date, in accordance with 
29 CFR 1910.7.

    Signed at Washington DC this 19th day of July 1994.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 94-18107 Filed 7-25-94; 8:45 am]
BILLING CODE 4510-26-M