Occupational Safety and Health Administration

[Docket No. NRTL-1-88]

MET Laboratories, Inc., Notice of Expansion of Current Recognition

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

ACTION: Notice of Expansion of Current Recognition as a Nationally Recognized Testing Laboratory.

SUMMARY: This notice announces the Agency's final decision on the MET Laboratories, Inc. application for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

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 N-3653, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

MET Laboratories, Inc. (MET), (formerly MET Electrical Testing Company, Inc.), previously 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 (see 53 FR 49258, 12/6/88), and was so recognized (see 54 FR 21136, 5/16/89).

MET initially applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory for two test standards pursuant to 29 CFR 1910.7 which was granted as published in the Federal Register on June 7, 1990 (55 FR 23311-12). (See Exhibit 9.).

Subsequent to that, MET again applied for an expansion of its recognition for twelve standards pursuant to 29 CFR 1910.7 which was granted as published in the Federal Register on May 31, 1991 (56 FR 24845-46). (See Exhibit 12.).

Following both of these expansions, MET applied for an expansion of its recognition for additional three standards. [See Federal Register notice dated July 13, 1993 (58 FR 37752, Exhibit 13.)] Notice is hereby given that MET's recognition as a Nationally Recognized Testing Laboratory has been expanded to include the three test standards (product categories) listed below.

Copies of all pertinent documents (Docket No. NRTL-1-88), are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue, NW., Washington, DC 20210. The address of the concerned laboratory is: MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland 21230.

Final Decision and Order

Based upon the facts found as part of the MET Laboratories, Inc. original recognition, including details of necessary test equipment, procedures, and special apparatus or facilities needed, adequacy of staff, the application(s) and documentation submitted by the applicant (see Exhibit 14. A.), the OSHA staff finding including the original On-Site Review Report, and previous on-site audits, as well as the evaluation of the current request (see Exhibit 14. B.), OSHA finds that MET Laboratories, Inc. has met the requirements of 29 CFR 1910.7 for expansion of its present recognition to test and certify certain equipment or materials.

Pursuant to the authority in 29 CFR 1910.7, the MET Laboratories, Inc. recognition is hereby expanded to include the three additional test standards (product categories) cited below, subject to the conditions listed below. 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 three additional test standards for the testing and certification of equipment or materials included within the scope of these standards.

MET has stated that these standards are used to test equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

UL 763--Motor-Operated Commercial Food Preparing Machines ANSI/UL 859--Personal Grooming Appliances ANSI/UL 1409--Low-Voltage Video Products Without Cathode-Ray-Tube Displays

MET Laboratories, Inc., must also abide by the following conditions of this expansion of its recognition, in addition to those already required by 29 CFR 1910.7:

This recognition does not apply to any aspect of any program which is available only to qualified manufacturers and is based upon the NRTL's evaluation and accreditation of the manufacturer's quality assurance program;

The Occupational Safety and Health Administration shall be allowed access to MET's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If MET 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;

MET 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, MET 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;

MET shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

MET will continue to meet the requirements for recognition in all areas where it has been recognized; and

MET will always cooperate with OSHA to assure compliance with the letter as well as the spirit of its recognition and 29 CFR 1910.7.

EFFECTIVE DATE. This recognition will become effective on November 19, 1993, and will be valid until May 16, 1994, (a period of five years from the date of the original recognition, May 16, 1989), unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, DC this 5th day of November, 1993.

David C. Zeigler,
Acting Assistant Secretary.

[FR Doc. 93-28506 Filed 11-18-93; 8:45 am]