[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62356-62358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30685]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. NRTL-1-97]
Applied Research Laboratories, Inc., Recognition as a NRTL
AGENCY: Occupational Safety and Health Administration; Labor.
ACTIONS: Notice of recognition as a Nationally Recognized Testing
Laboratory (NRTL).
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SUMMARY: This notice announces the Agency's final decision on the
application of Applied Research Laboratories, Inc. for recognition as a
NRTL under 29 CFR 1910.7.
EFFECTIVE DATE: This recognition will become effective on November 21,
1997 and will be valid for a period of five years from that date, until
November 21, 2002, unless terminated prior to that date, in accordance
with 29 CFR 1910.7.
FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Variance
Determination, NRTL Recognition Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue,
N.W., Room N3653, Washington, D.C. 20210, or phone (202) 219-7056.
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
Notice is hereby given that Applied Research Laboratories, Inc.
(ARL), which made application pursuant to 29 CFR 1910.7, has been
recognized as a Nationally Recognized Testing Laboratory for the
equipment or materials, and the program listed below.
The address of the laboratory covered by this recognition is:
Applied Research Laboratories, Inc., 5371 NW 161st Street, Miami,
Florida 33014.
Background
Applied Research Laboratories, Inc. (ARL), according to the
applicant, was founded in 1949, and is a Florida-registered engineering
corporation, with
[[Page 62357]]
the owner as sole stockholder. Applied Research Laboratories, Inc.,
applied for recognition as a Nationally Recognized Testing Laboratory,
pursuant to 29 CFR 1910.7, and a notice of the application was
published in the Federal Register (62 FR 42827, 8/8/97). The notice
included a preliminary finding that ARL could meet the requirements for
recognition detailed in 29 CFR 1910.7, and invited public comment on
the application by October 7, 1997. No comments were received
concerning this request for recognition.
The four primary criteria for recognition are presented below,
along with examples which illustrate how ARL has met these criteria.
Capability
Section 1910.7(b)(1) states that for each specified item of
equipment or material to be certified, 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 testing and examination of equipment and materials
for workplace safety purposes to determine conformance with appropriate
product test standards.
The on-site review report indicates that ARL has facilities and
personnel which are appropriate for the area of recognition it seeks.
In addition, ARL maintains a Procedures Manual, which indicates step-
by-step procedures for processing done in a number of areas. Procedures
available cover areas such as testing, calibration, record keeping, and
product follow-up service. ARL also maintains a Quality Assurance
Manual and a Laboratory Accreditation Manual, with responsibility for
internal quality control vested in the Director of Quality Control. The
on-site review report indicates that ARL has test equipment available
to perform testing necessary for the area of recognition it seeks, with
the exception of specialized tests which ARL is unable to perform at
its Miami facility.
In these cases, ARL obtains the services of other testing
organizations, and witnesses the tests.
The On-site Review report indicates that ARL has adequate
calibration procedures and calibration records, and that calibrations
are traceable to NIST or other approved sources. A record of all
calibrations is maintained by the Director of Quality.
Control 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 runs at
factories to assure conformance with test standards, and conducting
field inspections to monitor and assure the proper use of the label.
ARL has procedures for follow-up inspections on the products it
certifies, and for completing a Listing, Labeling, and Follow-up
Service Agreement with a manufacturer. Other procedures cover control
of its listing and labeling, and decertification. ARL conducts four
inspections per year at those factories where ARL listed/certified
products are manufactured. In addition, before use of the ARL
certification mark is permitted, ARL will inspect the manufacturer's
facility to ensure there is a capability to produce products in
conformance with ARL's requirements.
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.
ARL supplied a statement of affiliation which included declarations
that it has no managerial affiliations with any producer, supplier, or
vendor; it has no securities, investments, or stock options in the
product lines; the employment security of its personnel is free from
influence by any producer, supplier, or vendor; and it is not owned,
operated, or controlled by any producers, suppliers, or vendors.
Creditable Reports/Complaint Handling
Section 1910.7(b)(4) provides that a 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.
ARL's application, and the on-site review report indicate that ARL
maintains various manuals that describe the procedures for testing and
for all written reports, as well as record keeping requirements.
With regard to the handling of complaints or contested results, ARL
maintains a Submissions and Review Board, which can be convened at the
request of a client, to review results and actions undertaken by ARL.
Programs and Procedures
Applied Research Laboratories, Inc., performs acceptance of
witnessed testing data, based upon the conditions as detailed in the
Federal Register document titled ``Nationally Recognized Testing
Laboratories; Clarification of the Types of Programs and Procedures,''
60 FR 12980, 3/9/95.
Currently, this Program is primarily utilized for certain wind load
tests conducted on large structures which require they be tested as
installed and which ARL does not have the facilities to perform. The
tests would be witnessed by either an ARL Professional Engineer, or the
ARL Department Head to which a particular project has been assigned.
Test results are presented in report form to ARL and become part of the
ARL file documentation.
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 review report, OSHA
finds that Applied Research Laboratories, 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,
and for acceptance of witnessed test data.
Pursuant to the authority in 29 CFR 1910.7, Applied Research
Laboratories, Inc. is recognized as a Nationally Recognized Testing
Laboratory subject to the limitations and conditions listed below:
Limitations
This recognition is limited to equipment or materials which, under
Title 29, require or permit testing, listing, labeling, approval,
acceptance, or certification, by a Nationally Recognized Testing
Laboratory. This recognition is further 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. ARL has
stated that it believes that the following standards pertain to
equipment or materials that will be used in environments under OSHA's
jurisdiction, and OSHA has determined they are appropriate within the
meaning of 29 CFR 1910.7(c):
ASTM E152--Standard Methods of Fire Tests of Door Assemblies
ANSI/UL 22--Amusement and Gaming Machines
ANSI/UL--858 Household Electric Ranges
UL 1838--Low Voltage Landscape Lighting Systems
UL 1995--Heating and Cooling Equipment
[[Page 62358]]
Conditions
Applied Research Laboratories, Inc. must also abide by the
following conditions of the recognition, in addition to those already
required by 29 CFR 1910.7:
OSHA shall be allowed access to ARL's facility and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
If ARL has reason to doubt the efficacy of any test standard it is
using under this program, it shall promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;
ARL 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, ARL 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;
ARL shall inform OSHA as soon as possible, in writing, of any
change of ownership or key personnel, including details;
ARL will continue to meet the requirements for recognition in all
areas where it has been recognized; and
ARL will always cooperate with OSHA to assure compliance with the
spirit as well as the letter of its recognition and 29 CFR 1910.7.
Authority: 29 CFR 1910.7.
Signed at Washington, DC, this 14th day of November, 1997.
Charles N. Jeffress,
Assistant Secretary.
[FR Doc. 97-30685 Filed 11-20-97; 8:45 am]
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