[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52417-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24941]



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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 recognition as a nationally recognized testing 
laboratory.

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SUMMARY: this notice announces the Agency's final decision on the 
application of Electro-Test, Inc. for recognition as a Nationally 
Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on October 6, 
1995 and will be valid for a period of five years from that date, until 
October 6, 2000.

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, D.C. 
20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    Notice is hereby given that Electro-Test, Inc. (ETI) which 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, has been recognized as 
an NRTL for the equipment or material listed below.
    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. is a privately held organization incorporated in 
the State of California in 1971. It has two facilities in California, 
one in Pleasanton which it has owned since 1992, and the other smaller 
facility in Anaheim. Most of the testing at Anaheim is performed at the 
site of the installation by ETI test engineers.
    On June 9, 1995, the Occupational Safety and Health Administration 
published a notice of application for recognition as a nationally 
recognized testing laboratory of Electro-Test, Inc. in the Federal 
Register (60 FR 30595), pursuant to 29 CFR 1910.7. The notice included 
a preliminary finding that Electro-Test, Inc. could meet the 
requirements for recognition detailed in 29 CFR 1910.7 and it invited 
public comment on the application by August 8, 1995.
    On July 18, 1995, the Building Codes Division, Department of 
Consumer and Business Services of the State of Oregon submitted 
comments favoring ETI's recognition as an NRTL based upon their past 
experiences with the applicant. This was the only comment received in 
response to the Federal Register notice.

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 

[[Page 52418]]
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 ETI has facilities, 
personnel, and testing equipment which are appropriate for the area of 
recognition it seeks. The ETI Pleasanton, CA corporate headquarters' 
policies and procedures, operations manual, quality control manual, as 
well as the procedure manual for the ANSI/UL test standard are in 
effect at the Anaheim, CA facility. The laboratories have available all 
of the general test equipment necessary to perform the testing 
necessary for the area of recognition it seeks, with the possible 
exception of very specialized tests which may require equipment or 
facility leasing. Where it becomes necessary in the future, test 
equipment will be purchased or constructed.
    The two ETI facilities have adequate equipment calibration 
procedures. The calibration laboratory manager at the Pleasanton 
facility is responsible for the calibration program. At the Anaheim 
facility a calibration specialist, who reports to the calibration 
laboratory manager in Pleasanton, is responsible for the calibration 
program. Calibration intervals are generally on a six-month basis and 
are typically shorter, never longer, than manufacturers' 
recommendations.
    The general application and labeling processes are described in the 
ETI Operations Manual. This manual, together with the data sheets and 
national test standards, collectively specify the records that are to 
be maintained for an investigation. ETI has additional procedures that 
are applicable for specialized tests. The Manual also provides letter 
and report formats as well as the appeals procedure.
    While ETI has a Quality Control and Audit Manual, quality aspects 
are also included in the Safety Manual, Compliance Labeling and Field 
Evaluation Manual (part of the ETI Operations Manual), Calibration 
Laboratory Quality Assurance and Operations Procedure Manual, and the 
General Policy Manual. The department/division managers are responsible 
for maintaining quality assurance, while the Vice President of 
Operations has the responsibility to verify compliance with procedures.
    ETI has developed a Quality Audit Plan for internal auditing. The 
Quality Assurance program includes a description of the quality system, 
frequency of audits, responsibilities, method of reporting audit 
results, documenting deficiencies, a method of tracking corrective 
action, and audit content using an audit checklist for complete 
coverage.

Follow-Up and Field Inspection 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.
    ETI has a written Follow-Up Inspection program which includes a 
written agreement, manufacturer participation requirements, 
certification, record keeping, continued conformance, and site 
inspection intervals and review procedures. In addition, before use of 
the ETI certification mark is permitted, ETI will inspect the 
manufacturer's record system, quality system, and production testing.

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.
    OSHA believes, based upon an examination of the application, that 
Electro-Test, Inc. is independent of employers subject to the tested 
equipment requirements and of any manufacturers or vendors of equipment 
or materials being tested for these purposes, within the meaning of 29 
CFR 1910.7(b)(3).

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, as well as for handling 
complaints and disputes under a fair and reasonable system.
    ETI's application as well as the on-site review report indicate 
that ETI does maintain effective procedures for producing creditable 
findings and reports that are objective.
    The various manuals describe in detail the procedures for testing 
and for all written reports, as well as record keeping requirements, 
including retention times.
    With regard to the handling of complaints or contested results, if 
clients, ETI personnel, users, or others file a complaint or disagree 
with a decision relating to the test standard, engineering, use, or 
inspection, they can present and discuss their views with various 
administrative levels of ETI personnel, up to and including the Chief 
Operating Officer in an attempt to resolve any disagreement.

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 or an American Society for Testing and 
Materials (ASTM) test standard used for evaluation of products or 
materials. The standard for which ETI applied is an American National 
Standards Institute (ANSI) safety designated product standard.

Programs and Procedures

    ETI administers two operational programs and procedures which have 
been examined and found to be acceptable to OSHA on the basis of the 
procedures and specific criteria as detailed in 60 FR 12980, March 9, 
1995, pertaining to the types and programs and procedures that NRTLs 
may engage in under the OSHA/NRTL program.
    Basic Program--This program is one in which ETI performs all of the 
necessary product testing and evaluation in-house prior to issuing a 
certification.
    Witnessed Test Data Program--This program is utilized when 
characteristics such as the size, complexity, or uniqueness of a 
product require testing at the manufacturer's facility. The tests are 
in accordance with the appropriate recognized standard and are 
witnessed by an ETI compliance engineer. Specific minimum conditions 
will be followed to assure equivalency with tests conducted by ETI 
personnel, and the results will be recorded.

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 Electro-Test, 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, Electro-Test, Inc. is 
recognized as a Nationally Recognized Testing 

[[Page 52419]]
Laboratory subject to the limitations and conditions listed below:

Limitations

    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 standard for the testing and certification of equipment or 
materials included within the scope of this standard:
      ETI has stated that the standard is utilized to test 
equipment or materials which may be used in environments under OSHA's 
jurisdiction. This standard is considered appropriate under 29 CFR 
1910.07(c): ANSI/UL 508--Industrial Control Equipment.

Conditions

    Electro-Test, Inc. shall also abide by the following conditions of 
its recognition, in addition to those already required by 29 CFR 
1910.7:
     The Occupational Safety and Health Administration shall be 
allowed access to ETI's facilities and records for purposes of 
ascertaining continuing compliance with the terms of its recognition 
and to investigate as OSHA deems necessary;
     If ETI 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;
     ETI 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, ETI agrees that it will allow no representation 
that it is either a recognized or 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;
     ETI shall inform OSHA as soon as possible, in writing, of 
any change of ownership, facilities, or key personnel, including 
details;
     ETI shall continue to meet the requirements for 
recognition in all areas where it has been recognized; and
     ETI shall always cooperate with OSHA to assure compliance 
with the spirit as well as the letter of its recognition and 29 CFR 
1910.7.

    Effective Date: This recognition will become effective on 
October 6, 1995 and will be valid for a period of five years from 
that date, until October 6, 2000, unless terminated prior to that 
date, in accordance with 29 CFR 1910.7.

    Signed at Washington, D.C. this 2nd day of October 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-24941 Filed 10-5-95; 8:45 am]
BILLING CODE 4510-26-M