[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29804-29809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12015]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0028]
Nationally Recognized Testing Laboratory Program; Stakeholder
Meeting
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: OSHA invites interested parties to attend an informal
stakeholder meeting concerning the Nationally Recognized Testing
Laboratory (NRTL) Program. The meeting will focus on the following NRTL
Program topics: use of the private sector to increase the efficiency of
the NRTL Program; certification marks; factory inspections; field
inspections; fees; and, at OSHA's discretion and as time permits, other
topics raised by participants or OSHA staff. OSHA plans to use the
information gathered at this meeting to explore potential updates to
NRTL Program policies and regulations.
DATES: The stakeholder meeting will be held on October 22, 2014, from
9:00 a.m. to 5:00 p.m., e.t., in Washington, DC. Attendees should
arrive at least 30 minutes early to allow time for security access.
Security-access information is available at http://www.dol.gov/dol/aboutdol/visit.htm.
The deadline to register to attend the meeting as a presenter,
participant, or an observer is July 22, 2014. If space remains after
this deadline, OSHA may accept additional presenters, participants, and
observers until the meeting is full. Those who submit their
registrations after July 22, 2014, may not receive confirmation of
their attendance from OSHA. The deadline to submit written comments,
information, and documents in response to the meeting topics found in
Appendix A of this notice, to submit suggestions for additional topics
for the meeting, or to request an extension of time to make a
submission is July 22, 2014. All submissions must bear a postmark or
provide other evidence of the submission date.
ADDRESSES:
[[Page 29805]]
1. Stakeholder Meeting
OSHA will hold the stakeholder meeting in the Francis Perkins
Building, U.S. Department of Labor, at 200 Constitution Avenue NW.,
Washington, DC 20210. Information concerning the room number for the
meeting will be available, no later than Wednesday, September 20, 2014,
on OSHA's NRTL Program Web site at http://www.osha.gov/nrtlpi, in the
docket for this meeting (Docket ID: OSHA-2013-0028, available at http://www.regulations.gov, and in the OSHA Docket Office). The nearest Metro
station is Judiciary Square (Red Line), and private parking is
available within walking distance of the building. Meeting attendees
must have a valid form of government identification (e.g., driver's
license), and will need to obtain a pass from our security desk to
enter the building. Attendees should arrive at least 30 minutes early
to allow time for security access. Security-access information is
available at http://www.dol.gov/dol/aboutdol/visit.htm.
2. Registration to Attend
To register to attend as a presenter, during the presentation
portion of the meeting, a participant, during the discussion portion of
the meeting, or an observer of the meeting, you must use one of the
three methods listed below. If you are registering as a presenter, you
must include your presentation topic(s) and a synopsis of your
presentation. OSHA will include, in the docket for this meeting (Docket
No. OSHA-2013-0028, available at http://www.regulations.gov, and the
OSHA Docket Office), the presentation topic(s) and synopses, and any
additional information (including any comments, information, documents,
or suggestions for additional topics) that it receives with individual
registrations.
All presentation topics must address the NRTL Program, and
presentations that address those topics described in Appendix A of this
notice will have priority. Once registered, OSHA will coordinate
directly with presenters regarding the schedule of presentations. For
additional information about registering, see the ``Registration''
section of this notice under SUPPLEMENTARY INFORMATION below.
a. Electronically: Email your registration to attend to Ms. Kristin
Webster at [email protected], and label the subject line of the
email ``NRTL October 22, 2014, Stakeholder Meeting Registration.''
b. Facsimile: Fax your registration to attend to Ms. Webster at
(202) 693-1644, and label it ``NRTL October 22, 2014, Stakeholder
Meeting Registration.''
c. Regular or express mail, hand delivery, or messenger (courier)
service: Send your registration to attend to: OSHA Directorate of
Technical Support and Emergency Management, 200 Constitution Ave. NW.,
Room N-3655, Washington, DC 20210, Attention: Kristin Webster. On the
outside of the envelope, write ``NRTL October 22, 2014, Stakeholder
Meeting Registration.'' Note that security procedures may result in
significant delays in receiving registrations by regular mail. If you
have any questions about these instructions, contact Ms. Webster at
(202) 693-2145.
3. Submitting Comments in Response to Listed Meeting Topics and
Corresponding Questions, and Comments Suggesting Additional Topics
In addition to including comments, information, documents, or
suggestions for additional topics in individual registrations (see
Section 2 of this Notice, ``Registration to Attend,'' above),
stakeholders and the general public may also submit written comments,
information, and documents in response to the meeting topics and
corresponding questions found in Appendix A of this notice, or
suggestions for additional topics to address at the meeting, through
one of the three methods listed below. For additional information about
submissions to the docket, see the ``Submissions to the Docket''
section of this notice under SUPPLEMENTARY INFORMATION, below.
a. Electronically: Submit comments and any attachments
electronically to Docket No. OSHA-2013-0028 at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions online for making electronic submissions.
b. Facsimile: If submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
c. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments and any attachments to: OSHA Docket Office,
Docket No. OHSA-2013-0028, Technical Data Center, U.S. Department of
Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone:
(202) 693-2350 (TTY number: (877) 889-5627). Note that security
procedures may result in significant delays in receiving submissions
and other written materials by regular mail. Contact the OSHA Docket
Office for information about security procedures concerning delivery of
materials by regular or express mail, hand delivery, or messenger
(courier) service. The hours of operation for the OSHA Docket Office
are 8:15 a.m.-4:45 p.m., e.t.
4. Accessing the Docket
To read or download submissions or other material in the docket
(e.g., public submissions of suggested topics), go to http://www.regulations.gov or to the OSHA Docket Office. You can reference all
documents placed in the docket electronically at http://www.regulations.gov (Docket No. OSHA-2013-0028); however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the Web site. All submissions, including
copyrighted material, will be available for inspection at the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press Inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: [email protected].
General and Technical Information: Contact Mr. David Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2145; email: [email protected]. OSHA's Web page
includes information about the NRTL Program (see http://www.osha.gov/otpca/nrtl/index.html).
Copies of the Federal Register Notice: Electronic copies of this
Federal Register notice are available at http://www.regulations.gov.
This Federal Register notice, as well as other relevant information, is
also available on OSHA's Web page at http://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. The Nationally Recognized Testing Laboratory Program
Several OSHA standards require an NRTL to approve equipment as safe
if used in the workplace (see https://www.osha.gov/dts/otpca/nrtl/1910refs.html (listing specific references to OSHA standards requiring
NRTL approval)). NRTLs are independent laboratories that meet OSHA's
requirements for performing safety
[[Page 29806]]
testing and certification of products used in the workplace. To obtain
and retain OSHA recognition, an NRTL must meet the requirements in the
NRTL Program regulations at 29 CFR 1910.7. Recognition is an
acknowledgement by OSHA that an NRTL has the capability to perform
independent safety testing and certification of the specific products
covered within the NRTL's scope of recognition. Recognition also allows
employers to use products certified by that NRTL to meet those OSHA
standards that require approval by an NRTL.
OSHA's NRTL Program recognition process involves a thorough
analysis of an NRTL applicant's policies and procedures, and a
comprehensive on-site review of the applicant's testing and
certification facilities, to ensure that the applicant meets the
requirements of 29 CFR 1910.7. Once an NRTL obtains recognition from
OSHA, OSHA's staff conducts on-site audits to ensure that existing
NRTLs adequately perform their testing and certification activities and
maintain the quality of their operations.
An NRTL's approval of a product generally consists of testing,
inspection, and certification. Testing involves determining whether a
sample or prototype of the product meets the applicable requirements of
one or more specific consensus-based, U.S. product-safety test
standards. If the product meets the requirements of the test standard,
the NRTL then performs an initial inspection of the factory that
manufactures, or will manufacture, the product to verify that the units
of the product resulting from production runs are or will be in
conformance with the test standard's requirements. Following a
satisfactory initial inspection, the NRTL issues its certification,
which provides assurance that the product conforms to the specific test
standard(s). The NRTL also authorizes the manufacturer to apply the
NRTL's mark to each unit of the manufactured product. After issuing its
certification, the NRTL conducts periodic follow-up (i.e., quality-
assurance and compliance) inspections of each manufacturing facility to
provide assurance that the product currently manufactured at the
facility and bearing the NRTL's mark is identical to the product that
the NRTL tested, initially inspected, and certified. For more
information about the NRTL Program, see the NRTL Program Web site
(www.osha.gov/dts/otpca/nrtl/index.html).
B. Events Leading to This Stakeholder Meeting
In 2012, the Government Accountability Office (GAO) performed a
study of OSHA's NRTL Program to examine the program's recognition
process. GAO published its findings and recommendations from that study
in December 2012, in a report entitled, Product Safety Laboratories:
OSHA's Accreditation Process Needs Reexamination (Exhibit 14-1--GAO
Report GAO-13-88). In the report, GAO recommended that OSHA review its
current structure and procedures for recognizing NRTLs and implement
alternatives that would maintain effectiveness while improving
timeliness. More specifically, GAO suggested that OSHA explore various
structural approaches for making decisions regarding recognition,
including use of private accreditation bodies and/or contractors. GAO
also recommended that OSHA review its current regulations and
procedures to identify changes to existing regulations and program
modifications, including increased alignment with international
standards on accreditation.
As a result of GAO's report, in early 2013, OSHA staff began
reexamining several aspects of the NRTL Program to determine how it
could improve program operations without compromising the Agency's
mission to protect worker safety and health. On March 15, 2013, OSHA
held an informal stakeholder meeting to help OSHA staff assess the NRTL
Program and make efforts to increase program effectiveness. At the
March meeting, OSHA discussed and received feedback from stakeholders
on several potential NRTL Program policy, procedure, and guideline
changes.
Following the March 15 stakeholder meeting, OSHA began
investigating the possibility of aligning the NRTL Program requirements
with ISO/IEC 17025:2005 and ISO/IEC 17065:2012. As part of this effort,
OSHA may propose developing NRTL Program-specific guidance that would
permit NRTLs to obtain and maintain recognition under the NRTL Program
regulation, 29 CFR 1910.7, by following specific provisions in ISO/IEC
17025 and ISO/IEC 17065 in conjunction with OSHA guidance that tailors
the general criteria found in ISO/IEC 17025 and ISO/IEC 17065 to the
specific NRTL Program requirements for testing and certification
activities.
As part of its investigation into aligning the NRTL Program
requirements with international standards, OSHA also is investigating
the use of the private sector to improve the timeliness and efficiency
of the NRTL recognition process, while still maintaining the integrity
of the program. As part of its effort to explore the use of the private
sector for this purpose, OSHA is holding this stakeholder meeting to
gather more information on the topic. Moreover, after reviewing the
NRTL Program requirements as part of its alignment investigation, OSHA
developed potential modifications to existing policies and regulatory
requirements with respect to certification marks, factory inspections,
field inspections, and fees. OSHA also seeks to gather input on these
potential policy and regulatory changes through this stakeholder
meeting.
The stakeholder meeting will consist of stakeholder presentations
concerning the topics described in Appendix A of this notice, and, at
OSHA's discretion, other NRTL Program-related topics. A facilitated
discussion will follow the presentations. OSHA determined that
stakeholder presentations, in conjunction with informal discussion on
specific topics related to the NRTL Program, will be beneficial to
OSHA's further deliberations on developing, updating, and proposing new
or revised NRTL Program policies, procedures, regulations, or
guidelines.
II. Stakeholder Meeting
The stakeholder meeting will last approximately eight hours. The
first part of the meeting will consist of stakeholder presentations on
those topics described in Appendix A of this notice, and, at OSHA's
discretion, other suggested topics related to the NRTL Program. Each
presenter will have 10-20 minutes to make a presentation, depending on
the number of people who request to make a presentation. A short period
of 5-10 minutes will follow each presentation so that OSHA, other
presenters, and registered participants can ask questions of, and
request clarification from, the presenter. OSHA is limiting
participation in these periods to OSHA and registered presenters and
participants. Presenters may, at their discretion, submit written
copies of their presentation to OSHA, either during the meeting or in
written comments submitted to the docket in accordance with the
procedures outlined in this notice. OSHA believes that having access to
written copies of the presentations will facilitate its decisionmaking.
OSHA will include copies of the presentations in the docket for this
meeting (Docket No. OSHA-2013-0028, available at http://www.regulations.gov and the OSHA Docket Office).
[[Page 29807]]
OSHA is limiting the meeting to approximately 20 presentations, but
may accommodate more presentations at its discretion and as time
permits. OSHA will try to accommodate all presenters who respond in a
timely fashion. To ensure all views are represented, OSHA encourages
individuals and groups having similar interests to consolidate their
information and present this information through a single
representative. OSHA will try to accommodate, as space permits, all
those who would like to observe the presentations.
If time permits, OSHA may hold an open-session portion of the
meeting with facilitated discussion. OSHA is limiting the open-session
portion of the meeting to approximately 30 participants. OSHA will try
to accommodate all attendees who would like to participate. To ensure
all views are represented, OSHA encourages individuals and groups
having similar interests to consolidate their information and
participate through a single representative. OSHA staff will be present
to take part in the discussions.
The topics for the stakeholder meeting and related questions about
these topics are in Appendix A of this notice. OSHA believes the
discussion and related questions in Appendix A will provide the Agency
with useful information, and will facilitate discussion during the
meeting. If stakeholders and the public would like to provide input on
the meeting topics and their corresponding questions prior to the
stakeholder meeting, OSHA welcomes any available data, documentation,
information, or comments related to those topics that might help
facilitate the meeting. Stakeholders and the members of the public
chosen to make presentations at the meeting and/or to participate
during the open-session portion of the meeting, will also have an
opportunity to provide information and comment on these topics and
questions during the meeting. Any stakeholder or member of the public
who chooses to provide data, documentation, information, or comments
prior to the meeting should: identify any organization they are
representing at the meeting; their position within that organization;
and describe any qualifications they have that are relevant to their
submission.
OSHA will provide the public with a copy of the final meeting
agenda and any specific documents OSHA will use at the stakeholder
meeting no later than five days prior to the meeting. These documents
also will be available by that date at OSHA's NRTL Program Web site
(http://www.osha.gov/nrtlpi) and in the docket for this notice (Docket
No. OSHA-2013-0028, available at http://www.regulations.gov and the
OSHA Docket Office).
OSHA will prepare a full transcript of the meeting and post this
transcript on the NRTL Program Web site (http://www.osha.gov/nrtlpi)
and in the docket (Docket No. OSHA-2013-0028, available at http://www.regulations.gov and the OSHA Docket Office).
III. Registration
Register to attend as a presenter, participant, or an observer in
the stakeholder meeting by July 22, 2014, using one of the three
methods described above in the ``Registration to Attend'' section of
this notice under ADDRESSES. OSHA will accommodate attendees who do not
register for the meeting if space permits. However, those who would
like to make a presentation during the meeting must register as
presenters and submit a copy of their presentation topic(s) and a
synopsis of their presentations. Additionally, those who would like to
participate during the open-session portion of the meeting must
register as participants. OSHA will consider as an observer any
attendee who does not register as a presenter or participant.
OSHA is limiting the number of attendees who may present or
participate in the meeting; therefore, OSHA will grant priority to
current or former NRTLs, and current NRTL applicants. Only one
representative from each organization may make a presentation, and only
one representative from each organization may attend as a participant;
however, each organization may register one representative to be a
presenter and a different representative to be a participant. Each
organization may have more than one observer in attendance (space
permitting).
Any individual or entity not affiliated with a current or former
NRTL, or a current NRTL applicant, who would like to present and/or
participate in the meeting must submit, with their registration to
attend, a written statement that indicates their interest in the NRTL
Program and the specific topic(s) they would like to present or
discuss. If they would like to make a presentation, they must also
submit a synopsis of their presentation. OSHA will enter these
presentations and synopses into the docket for the meeting (Docket No.
OSHA-2013-0028, available at http://www.regulations.gov and the OSHA
Docket Office). However, if OSHA receives these documents after July
22, 2014 (the last day to timely submit topics), OSHA may not review
the documents for the purpose of generating a meeting agenda (see the
``Submissions to the Docket'' section below).
Registrants not affiliated with a current or former NRTL, or with a
current NRTL applicant, who would like to present a specific topic
during the first portion of the meeting, and/or participate in the
discussion during the open-session portion of the meeting, will be
chosen as presenters and/or participants over similar attendees who
would like to address broad topics only. OSHA cannot guarantee
presenter and/or participation status to all those who register as
presenters and/or participants; however, it will make every effort to
accommodate registrants who want to present and/or participate, ensure
a fair representation of interests, and facilitate the presentation of
diverse viewpoints.
In registering to participate during the open-session portion of
the meeting, current or former NRTLs, and current NRTL applicants, need
not submit statements indicating their interest in the NRTL Program and
the specific topic(s) they would like to discuss. However, if they
would like to make a presentation during the first portion of the
meeting, they must submit their presentation topic(s) and a synopsis of
their presentation. Additionally, these organizations are welcome to
submit, in writing, suggestions for additional topics for discussion
(pursuant to the procedures described under ADDRESSES above and in the
``Submissions to the Docket'' section below).
When registering, please provide the following information:
a. Name, contact address, daytime phone, fax, and email address;
b. The organization for which you work or represent, if any;
c. Whether you are employed at, affiliated with, or represent a
current or former NRTL or a current NRTL applicant;
d. Whether you are registering to be a presenter during the
presentation portion of the meeting and/or a participant during the
open-session portion of the meeting, or an observer;
e. If you registering to be a presenter during the presentation
portion of the meeting, provide your presentation topic(s) and a
synopsis of your presentation; and
f. If you are not affiliated with a current or former NRTL, or
current NRTL applicant, and would like to make a presentation during
the presentation portion of the meeting and/or be a participant during
the open-session portion of the meeting, provide a written statement
that indicates your
[[Page 29808]]
interest in the NRTL Program and the specific topic(s) you would like
to present and/or discuss. Additionally, if you are registering to be a
presenter, provide a synopsis of your presentation.
4. Submissions to the Docket
You must make all submissions to the docket using any of the
methods listed above under ADDRESSES, and the submission must include
the Agency name (i.e., OSHA) and the OSHA docket number (OSHA-2013-
0028). You must make submissions to the docket by July 22, 2014.
Note that a submission to the docket does not constitute
registration to attend the meeting as a presenter, participant, or
observer. To register as a presenter, participant, or observer, you
must follow the procedures described above in the section of this
notice titled ``Registration'' under SUPPLEMENTARY INFORMATION.
OSHA will use the submissions it timely receives to establish the
meeting agenda, which it will release no later than five days prior to
the meeting on its NRTL Program Web site (http://www.osha.gov/nrtlpi)
and in the docket for this notice (Docket No. OSHA-2013-0028, available
at http://www.regulations.gov and the OSHA Docket Office). OSHA will
consider submissions made after July 22, 2014 to be untimely and,
therefore, may not use such submissions when establishing the meeting
agenda.
OSHA will place all submissions, including any personal
information, in the docket without revision, and these submissions and
other material will be available online at http://www.regulations.gov
and in the OSHA Docket Office (as described above in ``Accessing the
Docket'' section under ADDRESSES). Therefore, OSHA cautions commenters
about submitting statements they do not want made public, or
submissions that contain personal information (either about themselves
or others) such as Social Security numbers, birth dates, and medical
data.
IV. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on May 20, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
Appendix A
Topics for Informal Stakeholder Meeting Concerning the Nationally
Recognized Testing Laboratory Program
OSHA presents here a discussion of the topics for the October
22, 2014, NRTL Program informal stakeholder meeting. OSHA believes
the discussion and related questions presented here will assist
commenters and presenters in narrowing their comments and
presentations to topics about which OSHA has an interest in
obtaining information, and facilitate discussion during the open-
session portion of the meeting. OSHA numbered the individual topics
below, and asks that commenters clearly delineate which number(s)
(i.e., topics) each of their comments or other submissions is
addressing.
A. Options for Using the Private Sector to Increase the Efficiency
of the NRTL Program
OSHA is considering using private-sector accreditation bodies
and/or independent contractors to increase the efficiency of the
NRTL Program. As a result, OSHA is considering a number of different
models to serve this purpose. This subsection of topics presents
these models in general terms, and asks specific questions about
each of these approaches.
OSHA is not endorsing any of these models at this time.
Moreover, OSHA is open to considering other options or models for
revising NRTL Program policies and regulations. OSHA invites
stakeholders to provide any additional options, models, feedback, or
suggestions that may assist OSHA in its decisionmaking.
1. OSHA is considering a model that uses private-sector
accreditation as evidence of conformance to ISO/IEC 17025 and ISO/
IEC 17065 to facilitate processing applications and performing on-
site assessments. Although, OSHA would continue to conduct on-site
assessments to NRTL Program-specific requirements, inclusion of
accreditations may facilitate validation of generic ISO/IEC 17025
and ISO/IEC 17065 requirements. Under this approach, OSHA would deem
NRTLs in compliance with the NRTL Program regulation, 29 CFR 1910.7,
if along with OSHAs validation of compliance with NRTL Program
specific requirements, a private-sector accreditation body accredits
the NRTL headquarters to the appropriate scope of accreditation for
ISO/IEC 17025 and ISO/IEC 17065, and the NRTL maintains this
accreditation. In addition, under this approach, all of the NRTL's
sites would require independent accreditation to ISO/IEC 17025.
a. Are you in favor of this approach? Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this approach?
d. What resources and/or costs would be associated with this
approach? Please explain.
e. Would there be any cost savings associated with this
approach? Please explain.
f. As part of this approach, NRTLs would need to provide
complete audit reports and final corrective actions to OSHA during
OSHA's on-site assessments or upon request by OSHA. Note that such
information could be subject to release by OSHA under the Freedom of
Information Act (FOIA). Please explain the impact of this part of
the approach.
2. OSHA is considering a model under which it makes use of one
or more private-sector accreditation bodies as part of the NRTL
recognition process. Under this approach, OSHA would delegate, to
one or more private-sector accreditation bodies, the responsibility
to assess NRTLs for recognition and perform NRTL Program on-site
assessments. OSHA would maintain the official list of recognized
NRTLs and still retain the authority to approve, deny, amend, or
revoke NRTL recognition.
a. Are you in favor of this approach? Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this approach?
d. What resources and/or costs would be associated with this
approach? Please explain.
e. Would there be any cost savings associated with this
approach? Please explain.
f. Are you in favor of using private-sector accreditation
bodies in a manner not described in this approach? Please explain.
3. OSHA is considering a model under which it contracts with
independent technical experts to perform specific functions for the
NRTL Program. For example, OSHA may use independent technical
experts to assess the technical requirements of NRTLs or applicants
for purposes of NRTL applications and/or NRTL Program on-site
assessments. OSHA would continue to perform all other aspects of the
NRTL Program, and still would make all decisions regarding
recognition.
a. Are you in favor of this approach? Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this approach?
d. What resources and/or costs would be associated with this
approach? Please explain.
e. Would there be any cost savings associated with this
approach? Please explain.
f. Are you in favor of using independent technical experts in a
manner not described in this approach? Please explain.
4. Under 29 CFR 1910.7, an NRTL must have the capability to
perform both testing and certification functions. OSHA is
considering a modification to the regulation that separates these
two functions, thus allowing organizations to apply to the NRTL
Program to perform testing only, certification only, or both testing
and certification. If OSHA revises the regulation in this manner, it
would also plan to use ISO/IEC 17025 and NRTL Program-specific
policies to evaluate testing organizations, and ISO/IEC 17065 and
[[Page 29809]]
NRTL Program-specific policies to evaluate certification
organizations. Under this approach, OSHA-recognized testing
organizations would submit evaluation and testing results to OSHA-
recognized certification organizations, and these organizations
would authorize the certification of the product and conduct
factory-surveillance on-site assessments.
a. Are you in favor of this approach? Please explain.
b. What are the benefits to this approach?
c. What are the weaknesses to this approach?
d. What resources and/or costs would be associated with this
approach? Please explain.
e. Would there be any cost savings associated with this
approach? Please explain.
f. If OSHA were to revise its regulation as described above,
OSHA also may revise its regulation to require certification
organizations authorized under the NRTL Program to accept test
results from any testing organization authorized under the NRTL
Program. Are you in favor of such a requirement? If OSHA had to
adopt this requirement to successfully implement this model, would
you be in favor of this requirement? Please explain.
B. Certification Marks for the NRTL Program
Under OSHA's current policy regarding certification marks, an
NRTL is in compliance with the NRTL Program regulation, 29 CFR
1910.7, if it has a registered certification mark issued by the U.S.
Patent and Trademark Office (USPTO) or by a national or
international body under a registration system that requires
ownership of the mark(s) and that is equivalent to the USPTO system
of registration. Additionally, the NRTL can only use this
certification mark(s) for its NRTL activities. OSHA is considering
revising its policy to better account for ownership and use of
certification marks for NRTL activities.
5. OSHA is considering making the following policy change: If an
entity wholly owned by an NRTL owns a certification mark, and the
NRTL uses that mark for its NRTL certifications, the entity owned by
the NRTL could no longer use the mark for any purpose, including
marketing or advertisement.
a. What impact would this policy change have on NRTLs? Please
explain.
b. What resources and/or costs would be associated with this
approach? Please explain.
6. OSHA is considering making the following policy change: Any
mark owned by an NRTL, and used for its NRTL certifications, would
need to be clearly distinguishable from the mark of another entity
owned or affiliated with the NRTL (e.g., a mark used by an entity
that is not a recognized NRTL would need to be clearly
distinguishable from the mark used by the entity recognized as an
NRTL, and a product certified by a non-NRTL could not appear to be a
product certified by the NRTL).
a. What impact would this policy change have on NRTLs? Please
explain.
b. What resources and/or costs would be associated with this
approach? Please explain.
7. Under current OSHA policy, NRTLs need not add a unique
identifier to their certification mark to signify work conducted
under the NRTL Program and compliance to particular product-safety
test standards (i.e.,, similar to the ``C'' mark for Canada). Some
NRTLs voluntarily include the acronym ``NRTL'' with their regular
certification marks. Under a policy change OSHA is considering, each
NRTL would need to add a unique identifier to its certification mark
to signify testing and certification conducted under the NRTL
Program.
a. Are you in favor of requiring the NRTLs to add a unique
identifier to their certification mark? Please explain.
b. What resources and/or costs would be associated with this
approach? Please explain.
c. OSHA is considering delaying the effective date of this
policy change for 2 years after it finalizes the policy change. Are
you in favor of delaying the effective date of this policy change?
If so, are you in favor of a 2 year delay? Please explain.
C. Factory Inspections
8. Under OSHA's current policy for factory inspections (OSHA
Instruction CPL 01-00-003, NRTL Program Policies, Procedures, and
Guidelines, App. C.III.A, ``NRTL Follow-up Inspections at
Manufacturing Facilities, Frequency of Inspections'' (Dec. 2,
1999)), NRTLs need to perform more frequent inspections at
facilities where heightened safety concerns exist regarding the
manufacture of products certified by the NRTLs. As outlined in the
existing policy, an NRTL needs to perform no fewer than four (4)
inspections per year at facilities where heightened safety concerns
exist, but needs to perform no fewer than two (2) inspections per
year at facilities where heightened safety concerns or similar
situations do not exist. OSHA is considering modifying its policy
regarding the frequency of inspections to allow each NRTL to adopt
its own risk-based approach \1\ to determine the frequency with
which it performs factory inspections.
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\1\ See, for example, ISO 31000:2009; Risk management--
Principles and guidelines on implementation; International
Organization for Standardization.
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a. Should OSHA allow each NRTL to adopt its own risk-based
approach to determine the frequency with which it performs factory
inspections or should OSHA keep its current policy in which NRTLs
must perform a minimum number of inspections per year? Please
explain.
b. What resources and/or costs would be associated with
allowing NRTLs to adopt their own risk-based approach to determine
the frequency with which they perform factory inspections? Please
explain.
9. Under OSHA's current policy for factory inspections (OSHA
Instruction CPL 01-00-003, NRTL Program Policies, Procedures, and
Guidelines, App. C.III.B, ``NRTL Follow-up Inspections at
Manufacturing Facilities, Policies and Procedures for Inspections''
(Dec. 2, 1999)), NRTLs need to determine the specific activities to
undertake in performing each inspection, and document these
activities. However, follow-up inspections activities (but not
necessarily every inspection) need to at least include or address
activities specified in the policy. OSHA is considering modifying
its policy regarding factory inspections, and seeks input on the
following questions:
a. Are you in favor of OSHA standardizing inspection content
and processes for factory inspections? For example, should OSHA
specify the activities NRTLs need to perform during each factory
inspection and delineate how documentation should occur? Please
explain.
b. Are you in favor of OSHA developing forms, with stakeholder
involvement, for NRTLs to use during factoring inspections? Please
explain.
c. What resources and/or costs would be associated with the
modifications addressed in questions (a)-(c) above for your
organization? Please explain.
D. Field Inspections
10. Under 29 CFR 1910.7(b)(2)(iii), an NRTL must conduct field
inspections to monitor and assure proper use of its identifying mark
or labels on products. OSHA is considering eliminating this
requirement. Are you in favor of OSHA eliminating this requirement?
Please explain.
E. Fees
11. OSHA currently requires NRTLs to pay all NRTL Program fees
in U.S. dollars by check or money order. OSHA is considering
allowing NRTLs to make online electronic payments only (e.g.,
through credit card or ACH), and disallowing payments made by check
or money order.
a. What impact would such a change have? Please explain
b. What resources and/or costs would be associated with this
approach? Please explain.
[FR Doc. 2014-12015 Filed 5-22-14; 8:45 am]
BILLING CODE 4510-26-P