[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Pages 30595-30596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14181]



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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-2-94]


Electro-Test, Inc.

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice of Application for Recognition as a Nationally 
Recognized Testing Laboratory, and Preliminary Finding.

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SUMMARY: This notice announces the application of Electro-Test, Inc. 
for recognition as a National Recognized Testing Laboratory (NRTL) 
under 29 CFR 1910.7, and presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is 
August 8, 1995.

ADDRESSES: Send comments to: NRTL Recognition Program, Occupational 
Safety and Health Administration, U.S. Department of Labor--Room N3653, 
200 Constitution Avenue, NW., Washington, DC 20210.

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 Application

    Notice is hereby given that Electro-Test, Inc. (ETI) has made 
application pursuant to section 6(b) of the Occupational Safety and 
Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of 
Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition 
as a Nationally Recognized Testing Laboratory.
    The addresses of the laboratories covered by this application are:

Electro-Test, Inc., 5645 Gibraltar Drive, Pleasanton, California 94588

Electro-Test, Inc., 5370 E. Hunter Avenue, Anaheim, California 92807

Background

    Electro-Test, Inc., according to the applicant, is a privately held 
corporation incorporated in the State of California in 1971.
    Regarding the merits of the application, the applicant contends 
that it meets the requirements of 29 CFR 1910.7 for recognition to 
certify products in the areas of testing which it has specified. See 
Exhibit 2A.
    Electro-Test, Inc. states that its application documents 
demonstrate that for each specified item of equipment or material to be 
certified, it has the capability (including proper testing equipment 
and facilities, trained staff, written testing procedures, and 
calibration and quality control programs) to perform testing and 
examination of equipment and materials for workplace safety purposes to 
determine conformance with appropriate product test standards.
    The applicant states also that it shall provide, to the extent 
needed for the particular equipment or materials listed, labeled, or 
accepted, the following controls or services:
    (i) Implementation of control procedures for identifying the listed 
and labeled equipment or materials.
    (ii) Inspection of the run of such item at factories for product 
evaluation purposes to assure conformance with the test standards
    (iii) Conduction of field inspections to monitor and to insure the 
proper use of its identifying mark or labels on products.
    ETI claims that it is completely independent of employers subject 
to the tested equipment requirements, and of any manufacturers or 
vendors of equipment or materials being tested for these purposes.
    The applicant also claims that it maintains effective procedures 
for producing creditable findings or reports that are objective and 
without bias, and for handling complaints and disputes under a fair and 
reasonable system.
    ETI states that it has the capability to perform field evaluations 
and code compliance inspections of unique and non-listed equipment or 
materials. It claims that it has a large inventory of portable test 
equipment that can support these activities at the customers' 
facilities. These services are supported by written procedures, quality 
control, and trained personnel.
    In summary, Electro-Test, Inc. claims that it maintains the 
experience, expertise, personnel, organization, equipment, and 
facilities suitable for accreditation as an OSHA Nationally Recognized 
Testing Laboratory.

Facilities

    ETI's Pleasanton facility consists of 33,000 square feet of space, 
consisting of a small testing area, storage, shipping/receiving, 
library, training room, personnel offices, calibration laboratory, and 
a forensic laboratory. All laboratories are temperature controlled, and 
supplied with necessary utilities. ETI has owned the facility since 
1992.
    The Anaheim facility contains some 9,500 square feet of space. The 
facility houses a small testing laboratory, shipping/receiving and 
storage areas, calibration laboratory, administrative offices, and 
conference room. Most of the testing at Anaheim is performed at the 
site of the installation rather than at the ETI facility. ETI test 
engineers perform site testing.

Standards

    Electro-Test, Inc., desires recognition for testing and 
certification of products when tested for compliance with the following 
test standard, which is appropriate within the meaning of 29 CFR 
1910.7(c): ANSI/UL 508--Industrial Control Equipment.
Preliminary Finding
    Electro-Test, Inc. addressed all of the criteria which had to be 
met for recognition as an NRTL in its initial application and in its 
further correspondence. For example, the applicant submitted a list of 
its test equipment and instrumentation; a roster [[Page 30596]] of its 
personnel including resumes of those in key positions and copies of 
position descriptions; copies of a typical test report; a summary of 
its listing, labeling, and follow-up services; a statement of its 
independence as a testing laboratory; appeals procedure; calibration 
laboratories; and a copy of its Operations Manuals for Quality control 
and Audit, Test Form Instruction, and Compliance Labeling Field.
    Nine major areas were examined in depth during the on-site 
laboratory evaluation: facility; test equipment; calibration program; 
test and evaluation procedures; test reports; records; quality 
assurance program; follow-up listing program; and personnel.
    The discrepancies noted by the survey team during the on-site 
evaluations were adequately responded to [Exs. 2B(2) and 2C(2)] 
following the final on-site evaluations [Exs. 2B(1) and 2C(1)]. With 
the preparation of the final report, the survey team was satisfied that 
the testing facility appeared to meet the necessary criteria required 
by the standard, and so noted in the On-Site Review Reports (Surveys). 
(See Exs. 2B and 2C).
    Following a review of the application file and the on-site survey 
reports of the ETI Pleasanton and Anaheim, California facilities, the 
NRTL Recognition Program staff concluded that the applicant appeared to 
have met the requirements for recognition as a Nationally Recognized 
Testing Laboratory for the above noted facilities and, therefore, 
recommended to the Assistant Secretary that the application be 
preliminarily approved.
    Based upon a review of the completed application file and the 
recommendation of the staff, the Assistant Secretary has made a 
preliminary finding that the Electro-Test, Inc. facilities for which 
accreditation was requested (Pleasanton and Anaheim, California) can 
meet the requirements for recognition as required by 29 CFR 1910.7.
    All interested members of the public are invited to supply detailed 
reasons and evidence supporting or challenging the sufficiency of the 
applicant's having met the requirements for recognition as a Nationally 
Recognized Testing Laboratory, as well as Appendix A, of 29 CFR 1910.7. 
Submission of pertinent written documents and exhibits shall be made no 
later than August 8, 1995, and must be addressed to the NRTL 
Recognition Program, Office of Variance Determination, Room N 3653, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Copies of 
the ETI, Inc. application, the laboratory survey report, and all 
submitted comments, as received, (Docket No. NRTL-2-94), are available 
for inspection and duplication at the Docket Office, Room N 2634, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, at the above address.
    The Assistant Secretary's final decision on whether the applicant 
(Electro-Test, Inc.) satisfies the requirements for recognition as an 
NRTL will be made on the basis of the entire record including the 
public submissions and any further proceedings that the Assistant 
Secretary may consider appropriate in accordance with Appendix A of 
Section 1910.7.

    Signed at Washington, DC, this 5th day of June, 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-14181 Filed 6-8-95; 8:45 am]
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