DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-94]

Electro-Test, Inc.

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

ACTION: Notice of Application for Recognition as a Nationally Recognized Testing Laboratory, and Preliminary Finding.

SUMMARY: This notice announces the application of Electro-Test, Inc. for recognition as a National Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is August 8, 1995.

ADDRESSES: Send comments to: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor -- Room N3653, 200 Constitution Avenue, NW., Washington, DC 20210.

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 N3653, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that Electro-Test, Inc. (ETI) has 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

The addresses of the laboratories covered by this application are:

Electro-Test, Inc., 5645 Gibraltar Drive, Pleasanton, California 94588

Electro-Test, Inc., 5370 E. Hunter Avenue, Anaheim, California 92807

Background

Electro-Test, Inc., according to the applicant, is a privately held corporation incorporated in the State of California in 1971.

Regarding the merits of the application, the applicant contends that it meets the requirements of 29 CFR 1910.7 for recognition to certify products in the areas of testing which it has specified. See Exhibit 2A.

Electro-Test, Inc. states that its application documents demonstrate that for each specified item of equipment or material to be certified, it has 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 applicant states also that it shall provide, to the extent needed for the particular equipment or materials listed, labeled, or accepted, the following controls or services:

(i) Implementation of control procedures for identifying the listed and labeled equipment or materials.

(ii) Inspection of the run of such item at factories for product evaluation purposes to assure conformance with the test standards (iii) Conduction of field inspections to monitor and to insure the proper use of its identifying mark or labels on products.

ETI claims that it is completely independent of employers subject to the tested equipment requirements, and of any manufacturers or vendors of equipment or materials being tested for these purposes.

The applicant also claims that it maintains effective procedures for producing creditable findings or reports that are objective and without bias, and for handling complaints and disputes under a fair and reasonable system.

ETI states that it has the capability to perform field evaluations and code compliance inspections of unique and non-listed equipment or materials. It claims that it has a large inventory of portable test equipment that can support these activities at the customers' facilities. These services are supported by written procedures, quality control, and trained personnel.

In summary, Electro-Test, Inc. claims that it maintains the experience, expertise, personnel, organization, equipment, and facilities suitable for accreditation as an OSHA Nationally Recognized Testing Laboratory.

Facilities

ETI's Pleasanton facility consists of 33,000 square feet of space, consisting of a small testing area, storage, shipping/receiving, library, training room, personnel offices, calibration laboratory, and a forensic laboratory. All laboratories are temperature controlled, and supplied with necessary utilities. ETI has owned the facility since 1992.

The Anaheim facility contains some 9,500 square feet of space. The facility houses a small testing laboratory, shipping/receiving and storage areas, calibration laboratory, administrative offices, and conference room. Most of the testing at Anaheim is performed at the site of the installation rather than at the ETI facility. ETI test engineers perform site testing.

Standards

Electro-Test, Inc., desires recognition for testing and certification of products when tested for compliance with the following test standard, which is appropriate within the meaning of 29 CFR 1910.7(c): ANSI/UL 508 -- Industrial Control Equipment.

Preliminary Finding

Electro-Test, Inc. addressed all of the criteria which had to be met for recognition as an NRTL in its initial application and in its further correspondence. For example, the applicant submitted a list of its test equipment and instrumentation; a roster of its personnel including resumes of those in key positions and copies of position descriptions; copies of a typical test report; a summary of its listing, labeling, and follow-up services; a statement of its independence as a testing laboratory; appeals procedure; calibration laboratories; and a copy of its Operations Manuals for Quality control and Audit, Test Form Instruction, and Compliance Labeling Field.

Nine major areas were examined in depth during the on-site laboratory evaluation: facility; test equipment; calibration program; test and evaluation procedures; test reports; records; quality assurance program; follow-up listing program; and personnel.

The discrepancies noted by the survey team during the on-site evaluations were adequately responded to [Exs. 2B(2) and 2C(2)] following the final on-site evaluations [Exs. 2B(1) and 2C(1)]. With the preparation of the final report, the survey team was satisfied that the testing facility appeared to meet the necessary criteria required by the standard, and so noted in the On-Site Review Reports (Surveys). (See Exs. 2B and 2C).

Following a review of the application file and the on-site survey reports of the ETI Pleasanton and Anaheim, California facilities, the NRTL Recognition Program staff concluded that the applicant appeared to have met the requirements for recognition as a Nationally Recognized Testing Laboratory for the above noted facilities and, therefore, recommended to the Assistant Secretary that the application be preliminarily approved.

Based upon a review of the completed application file and the recommendation of the staff, the Assistant Secretary has made a preliminary finding that the Electro-Test, Inc. facilities for which accreditation was requested (Pleasanton and Anaheim, California) can meet the requirements for recognition as required by 29 CFR 1910.7.

All interested members of the public are invited to supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements for recognition as a Nationally Recognized Testing Laboratory, as well as Appendix A, of 29 CFR 1910.7. Submission of pertinent written documents and exhibits shall be made no later than August 8, 1995, and must be addressed to the NRTL Recognition Program, Office of Variance Determination, Room N 3653, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210. Copies of the ETI, Inc. application, the laboratory survey report, and all submitted comments, as received, (Docket No. NRTL-2-94), are available for inspection and duplication at the Docket Office, Room N 2634, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant (Electro-Test, Inc.) satisfies the requirements for recognition as an NRTL will be made on the basis of the entire record including the public submissions and any further proceedings that the Assistant Secretary may consider appropriate in accordance with Appendix A of Section 1910.7

Signed at Washington, DC, this 5th day of June, 1995.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 95-14181 Filed 6-8-95; 8:45 am]