Occupational Safety and Health Administration

[Docket No. NRTL-2-92]

Canadian Standards Association

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 Canadian Standards Association, Rexdale (Toronto) facility, 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, 200 Constitution Avenue, NW., Room N3653, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The Canadian Standards Association 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 of its Rexdale (Toronto) facility as a Nationally Recognized Testing Laboratory (see 57 FR 23429, 6/3/92; amended 57 FR 48804, 10/28/92), and was so recognized (see 57 FR 61452, 12/24/92).

CSA applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory for five test standards pursuant to 29 CFR 1910.7 which was published in the Federal Register on December 10, 1993 (58 FR 64973). (See Exhibit 7.).

Notice is hereby given that CSA's recognition as a Nationally Recognized Testing Laboratory for its Rexdale (Toronto) facility has been expanded to include the five test standards (product categories) listed below.

Copies of all pertinent documents (Docket No. NRTL-2-92), are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

The address of the laboratory covered by this application is:

Canadian Standards Association, Toronto Facility, 178 Rexdale Boulevard, Rexdale (Toronto), Ontario M9W1R3, Canada.

Final Decision and Order

Based upon the facts found as part of the Canadian Standards Association Rexdale (Toronto) facility original recognition, including details of necessary test equipment, procedures, and special apparatus or facilities needed, adequacy of the staff, the application, amendments, and documentation submitted by the applicant (see Exhibit 8. A.-D.), the OSHA staff finding including the original On-Site Review Report, as well as the evaluation of the current request (see Exhibit 8. E.), OSHA finds that the Canadian Standards Association's Rexdale (Toronto) facility 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 CSA Toronto (Rexdale) facility's recognition is hereby expanded to include the five 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 five additional test standards for the testing and certification of equipment or materials included within the scope of these standards.

CSA 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 1278 - Movable and Wall- or Ceiling-Hung Electric Room Heaters UL 1419 - Professional Video and Audio Equipment UL 1492 - Audio and Video Equipment UL 1963 - Refrigerant Recovery/Recycling Equipment ANSI/ASME B17.5 - Elevators and Escalator Electrical Equipment

The Canadian Standards Association Rexdale (Toronto) facility 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 Canadian Standards Association 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 CSA's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If CSA 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;

CSA 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, CSA 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;

All products certified within this program shall be tested and certified only at the Rexdale facility. Products which may have been previously evaluated at any of CSA's other facilities must be re-evaluated at the Rexdale facility in order to be considered to have been approved under the NRTL program.

In order to distinguish between products tested and certified by CSA under the OSHA/NRTL program at the Rexdale facility from all other CSA facilities or from non-NRTL programs, the following procedures shall be followed for all products tested and certified at the Rexdale facility under the OSHA/NRTL program:

Where the CSA registered certification mark is utilized on a label on the product, the label will also bear the acronym "NRTL";

The product shall also be clearly identified in the Directory of CSA Certified Products by using the "NRTL" acronym.

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

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

CSA 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 February 4, 1994, and will be valid until December 24, 1997, (a period of five years from the date of the original recognition, December 24, 1992), unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, DC, this 28th day of January, 1994.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 94-2543 Filed 2-3-94; 8:45 am]