[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]
BILLING CODE 4510-26-P