DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-93]

Factory Mutual Research Corporation

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

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

 


SUMMARY: This notice announces the Agency's final decision on the Factory Mutual Research Corporation for renewal of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

 

EFFECTIVE DATE: This recognition will become effective on August 16, 1995 and will be valid for a period of five years from the date, until Asugust 16, 2000, unless terminated prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that the Factory Mutual Research Corporation (FMRC) which made application pursuant to 29 CFR 1910.7 for renewal of its recognition as a Nationally Recognized Testing Laboratory, has had its recognition renewed as an NRTL for the equipment or material listed below

The addresses of the laboratories covered by this application are:

1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062,

743 Reynolds Road, West Glocester, Rhode Island 02814

Background

When OSHA published its standard for NRTLs at 29 CFR 1910.7, it temporarily recognized Factory Mutual Research Corporation (FMRC) and Underwriters Laboratories Incorporated (UL). Both organizations had already been referenced by the Occupational Safety and Health Administration (OSHA) as acceptable organizations for testing or certifying certain workplace equipment and materials. Appendix A of section 1907 stated, in part, that Factory Mutual Research Corporation was recognized temporarily as a nationally recognized testing laboratory by the Assistant Secretary for a five-year period from June 13, 1988 through June 13, 1993. At the end of this five-year period FMRC was required to apply for renewal of that OSHA recognition utilizing certain specified procedures. FMRC applied for renewal of its recognition as an NRTL within the specified time frame (application dated October 8, 1992) and retained temporary recognition pending OSHA's final decision in this renewal process. The final on-site review report, consisting of on-site evaluations of FMRC testing facilities, including administrative and technical practices, located in Norwood, Massachusetts, and West Gloucester, Rhode Island, (Exhibit 2B, dated April 19, 1994, and Exhibit 2C, dated March 9, 1995) and the OSHA staff recommendation, were subsequently forwarded to the Assistant Secretary for a preliminary finding on the application. A notice of FMRC's application for renewal together with a positive preliminary finding was published in the Federal Register on March 29, 1995 (60 FR 16167). Interested parties were invited to submit comments.

There were no responses to the Federal Register notice of the FMRC application and preliminary finding (Docket No. NRTL-3-93).

The Occupational Safety and Health Administration has evaluated the entire record in relation to the regulations set out in 29 CFR 1910.7 and makes the following findings:

Capability

Section 1910.7(b)(1) states that for each specified item of equipment or material to be listed, labeled or accepted, 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 appropriate testing.

The on-site review reports indicate that FMRC has facilities, personnel, and testing equipment which are appropriate for the areas of recognition it seeks. The laboratories have available all of the general test equipment to perform the testing required by the standards. If any additional test equipment is necessary, it will be purchased or leased as required.

The two FMRC facilities have adequate equipment calibration procedures. There is a Test Equipment Coordinator who is responsible for the accuracy of test equipment as well as for reference measurement standards. All electrical measuring instruments are calibrated at least once a year.

FMRC utilizes an alpha-numeric system for tracking jobs in-house. The Operations and Quality Assurance Manual addresses record keeping requirements, including retention times. Test procedures are also listed in this Manual. All test standards are stored on-site.

The Operations and Quality Assurance manual documents the procedures for the control of quality of operations. It includes methods for evaluating and correcting quality system problems and includes all necessary components for an effective quality assurance program.

Monitoring the quality assurance program is carried out routinely. At least one audit annually of the Approval Division is carried out, and additional audits may be required for specific problems or conditions. Programs exist for employee feedback, and for problem identification and correction.

Follow-Up and Field Inspection 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 run at factories to assure conformance with test standards, and conducting field inspections to monitor and assure the proper use of the label.

FMRC's follow-up program is detailed in the Operations and Quality Assurance Manual and discusses the initial and subsequent factory follow-up procedures for the approval/listing process.

Factory Mutual Research Corporation has sections dealing with approval or listing status and approval guide and listing procedures in its Operations and Quality Assurance Manual. These sections deal with requirements and limitations for the use of FMRC's certification marks.

Independence

Section 1910.7(b)(3) requires that the NRTL be completely independent of employers subject to the tested equipment requirements, and of my manufacturers or vendors of equipment or materials being tested for these purposes.

OSHA believes, based upon an examination of the application, that the Factory Mutual Research Corporation is independent of employers subject to the tested equipment requirements and of any manufacturers or vendors of equipment or materials being tested for these purposes, within the meaning of 29 CFR 1910.7(b)(3).

Creditable Reports/Complaint Handling

Section 1910.7(b)(4) provides that an OSHA 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.

FMRC's application as well as the on-site review report indicate that FMRC does maintain effective procedures for producing creditable findings and reports that are objective.

The Operations and Quality Assurance Manual describes in detail the various aspects of procedures for testing and for all written reports, as well as record keeping requirements including retention times.

With regard to the handling of complaints or contested results, if clients, FMRC personnel, users, or others, file a complaint or disagree with a decision relating to the test standard, engineering, use, or inspection, they can present and discuss their views with various administrative levels of FMRC personnel, up to and including the Chief Operating Officer in an effort to resolve any disagreement.

Test Standards

Section 1910.7 requires that an NRTL use "appropriate test standards", which are defined, in part, to include any standard that is currently designated as an American National Standards Institute (ANSI) safety designated product standard or an American Society for Testing and Materials (ASTM) test standard used for evaluation of products or materials. As to the non-ANSI, FMRC and UL test standards for which FMRC has applied to test products to, OSHA examined the status of the Factory Mutual Research Corporations standards and Underwriters Laboratories Inc. Standards for Safety with particular attention to the method of their development, revision and implementation, and determined that both groups of standards are appropriate test standards under the criteria described in 29 CFR 1910.7(c) (1), (2), and (3). That is, these standards specify the safety requirements for specific equipment or classes of equipment and are recognized in the United States as safety standards providing adequate levels of safety; they are compatible and remain current with periodic revisions of applicable national codes and installation standards; and they are developed by a standards developing organization under a method providing for input and consideration of views of industry groups, experts, users, consumers, governmental authorities, and others having broad experience in the safety fields involved.

Programs and Procedures

As discussed in the Federal Register notice (60 FR 16167), FMRC administers several operational programs and procedures. The following programs have been examined and found to be acceptable to OSHA on the basis of the procedures and specific criteria as detailed in 60 FR 12980, March 9, 1995, pertaining to the types of programs and procedures that NRTLs may engage in under the OSHA/NRTL program. See Exhibit 2C, an addendum to the original "On-Site Review Report (Survey)", dated March 10, 1995, (Exhibit 2B), which reviews the following programs on the basis of their conformance to the programs described in 60 FR 12980, March 9, 1995, "Nationally Recognized Testing Laboratories; Clarification of the Types of Programs and Procedures".

Basic Program -- This program is one in which FMRC performs all of the necessary product testing and evaluation in-house prior to issuing a certification.

Witnessed Test Data Program -- This program is utilized when characteristics such as the size, complexity, or uniqueness of a product require testing at the manufacturer's or other outside laboratory's facilities, or when a manufacturer is entering the Laboratory Qualification Program. The tests are in accordance with the appropriate recognized standard(s) and are witnessed by an FMRC technical representative. The specific information required by the FMRC Operations and Quality Assurance Manual to ensure equivalency with tests conducted at FMRC is recorded in the Project Data Record (test notebook).

FMRC Laboratory Qualification Program -- Since 1979, manufacturers of electrical utilization equipment (process control and test and measuring instrumentation for use in ordinary "non-hazardous" locations) meeting specific criteria, have been allowed to submit test data to FMRC to be used as a part of the approval process. The data submitted by the manufacturer may be used in lieu of tests conducted by FMRC or, at its discretion, FMRC may conduct comparative tests to ensure accurateness of manufacturers' supplied data. This includes a review of the product submitted for approval.

The qualification procedures include on-site assessments and an evaluation for usage of proper standards, client personnel, testing facilities and verification testing. Part of the program includes periodic review visits.

A specific department of the client is qualified to generate the necessary test and evaluation information that a product meets the appropriate standards. Test equipment, calibration program, test personnel, test procedures, design origination and change, and the marking and documentation submittal are specified in the Laboratory Qualification Report. The information and a sample product is sent to FMRC for its review.

The program allows for unannounced on-site visits to the manufacturer's facility to verify compliance with the program. An up-to-date listing is maintained of the manufacturing laboratories that are qualified under this program.

International Electrotechnical Commission (IEC) CB Scheme -- The IEC-CB Scheme is a certification program for gaining product approval recognition on an international level. Products tested by any National Certification Body (NCB) that participates in the CB Scheme will be accepted for approval without the need for retesting in other member (of the CB Scheme) countries.

Eligibility in the CB Scheme requires that members be recognized by their own governments as an accredited national organization having the authority to issue a listing or place a mark on products that meet specific national standards.

FMRC is accredited by the IEC for testing and evaluating electrical equipment for measurement,processing equipment including electrical business equipment.

Interlaboratory Agreements -- FMRC tests products for, and accepts test data from, internationally recognized laboratories which have interlaboratory agreements with FMRC. The laboratory generating the test data conducts these tests in accordance with the nationally recognized standards of the laboratory certifying the product. Regularly scheduled audits are conducted at each laboratory to ensure the competence of the laboratory. The audits include a review of personnel, test equipment, test procedures, documentation control, and quality of operation.

FMRC asserts that it may accept components which have been tested at other laboratories after review of the test report and any additional evaluation necessary. The evaluation by the applicant includes an assurance that the other laboratory's performance meets the level that FMRC would provide had it performed the service.

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 report, OSHA finds that the Factory Mutual Research Corporation has met the requirements of 29 CFR 1910.7 to have its recognition renewed by OSHA as a Nationally Recognized Testing Laboratory to test and certify certain equipment or materials.

Pursuant to the authority in 29 CFR 1910.7, the Factory Mutual Research Corporation's recognition as a Nationally Recognized Testing Laboratory is hereby renewed subject to the limitations and conditions listed below:

Limitations

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 test standards for the testing and certification of equipment or materials included within the scope of these standards:

* FMRC has stated that all the standards in these categories are used to test equipment or materials which may be used in environments under OSHA's jurisdiction. These standards are all considered appropriate test standards under 29 CFR 1910.7(c):

FMRC 1110 -- Indicator Posts

FMRC 1221 -- Backflow Preventers

FMRC 1321 -- Controllers for Electric Motor Driven Fire Pumps

FMRC 1333 -- Diesel Engine Fire Dump Drivers

FMRC 1635 -- Plastic Pipe and Fittings for Automatic Sprinkler Systems

FMRC 3600 -- Electrical Equipment for Use in Hazardous (Classified) Locations, General Requirements

FMRC 3610 -- Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II and III, Division 1 Hazardous (Classified) Locations

FMRC 3611 -- Electrical Equipment for Use in Class I, Division 2; Class II, Division 2; and Class III, Division 1 and 2 Hazardous Locations

FMRC 3615 -- Explosionproof Electrical Equipment, General Requirements

FMRC 3620 -- Purged and Pressurized Electrical Equipment for Hazardous (Classified) Locations

FMRC 3810 -- Electrical and Electronic Test, Measuring, and Process Control Equipment

FMRC 6051 -- Safety Containers and Filing, Supply and Disposal Containers

FMRC 6310 -- Combustible Gas Detectors

FMRC 7812 -- Industrial Trucks -- LP-Gas

FMRC 7816 -- Industrial Trucks -- LP-Gas Dual Fuel

FMRC 7820 -- Industrial Trucks -- Electric

ANSI Z8.1 -- Commercial Laundry and Drycleaning Equipment and Operations

ANSI/ISA S12.12 -- Electrical Equipment for Use in Class I, Division 2, Hazardous (Classified) Locations

ANSI/ISA S12.13.1 -- Performance Requirements for Combustible Gas Detectors

ANSI/ISA S12.15 -- Hydrogen Sulfide Detection Instruments

ANSI/ISA S82.01 -- Electrical and Electronic Test, Measuring Equipment

ANSI/ISA S82.02 -- Electrical and Electronic Test and Measuring Equipment

ANSI/ISA S82.03 -- Electrical and Electronic Process Measuring and Control

ANSI/NEMA ICS 2 -- Industrial Control Devices, Controllers and Assemblies

ANSI/NEMA 250 -- Enclosures for Electrical Equipment

ANSI/NFPA 11 -- Low Expansion Foam and Combined Agent Systems

ANSI/NFPA 11A -- Medium- and High-Expansion Foam Systems

ANSI/NFPA 12 -- Carbon Dioxide Extinguishing Systems

ANSI/NFPA 12A -- Halon 1301 Fire Extinguishing Agent Systems

ANSI/NFPA 13 -- Installation of Sprinkler Systems

ANSI/NFPA 16 -- Deluge Foam-Water Sprinkler and Spray Systems

ANSI/NFPA 17 -- Dry Chemical Extinguishing Systems

ANSI/NFPA 20 -- Centrifugal Fire Pumps

ANSI/NFPA 72 -- Installation, Maintenance, and Use of Protective Signaling Systems

ANSI/UL 8 -- Foam Fire Extinguishers

ANSI/UL 38 -- Manually Actuated Signaling Boxes for Use With Fire- Protective Signaling Systems

ANSI/UL 154 -- Carbon-Dioxide Fire Extinguishers

ANSI/UL 162 -- Foam Equipment and Liquid Concentrates

ANSI/UL 299 -- Dry Chemical Fire Extinguishers

ANSI/UL 346 -- Waterflow Indicators for Fire Protective Signaling Systems

ANSI/UL 347 -- High-Voltage Industrial Control Equipment

ANSI/UL 508 -- Electric Industrial Control Equipment

ANSI/UL 558 -- Industrial Trucks, Internal Combustion Engine-Powered

ANSI/UL 583 -- Electric-Battery-Powered Industrial Trucks A

NSI/UL 626 -- 2 1/2 Gallon Stored-Pressure, Water-Type Fire Extinguishers

UL 664 -- Commercial (Class IV) Electric Dry-Cleaning Machines

ANSI/UL 674 -- Electric Motors and Generators for Use in Hazardous (Classified) Locations

ANSI/UL 698 -- Industrial Control Equipment for Use in Hazardous (Classified) Locations

ANSI/UL 711 -- Fire Extinguishers, Rating and Fire Testing of

ANSI/UL 753 -- Alarms Accessories for Automatic Water-Supply Control Valves

ANSI/UL 781 -- Portable Electric Lighting Units for Use in Hazardous (Classified) Locations

ANSI/UL 823 -- Electric Heaters for Use in Hazardous (Classified) Locations

ANSI/UL 827 -- Central-Stations for Watchmen, Fire-Alarm, and Supervisory Services

ANSI/UL 844 -- Electric Lighting Fixtures for Use in Hazardous (Classified) Locations

ANSI/UL 863 -- Electric Time-Indicating and -Recording Appliances

ANSI/UL 864 -- Control Units for Fire-Protective Signaling Systems

ANSI/UL 877 -- Circuit Breakers and Circuit-Breaker Exclosure for Use in Hazardous (Classified) Locations

ANSI/UL 886 -- Electrical Outlet Boxes and Fittings for Use in Hazardous (Classified) Locations

ANSI/UL 894 -- Switches for Use in Hazardous (Classified) Locations

ANSI/UL 913 -- Intrinsically Safe Apparatus and Associated Apparatus for Use in Class I, II, and III, Division I, Hazardous (Classified) Locations

ANSI/UL 1002 -- Electrically Operated Valve for Use in Hazardous (Classified) Locations

ANSI/UL 1058 -- Halogen Agent Extinguishing System Units

ANSI/UL 1093 -- Halogenated Agent Fire Extinguishers

ANSI/UL 1203 -- Explosion-Proof and Dust-Ignition-Proof Electrical Equipment for Use in Hazardous (Classified) Locations

UL 1206 -- Electrical Commercial Clothes-Washington Equipment

ANSI/UL 1207 -- Sewage Pumps for Use in Hazardous (Classified) Locations

UL 1236 -- Electric Battery Chargers

UL 1240 -- Electric Commercial Clothes-Drying Equipment

ANSI/UL 1254 -- Pre-Engineered Dry Chemical Extinguishing System Units

ANSI/UL 1262 -- Laboratory Equipment

ANSI/UL 1555 -- Electric Coin-Operated Clothes-Washing Equipment

ANSI/UL 1556 -- Electric Coin-Operated Clothes-Drying Equipment

Conditions

The Factory Mutual Research Corporation shall also abide by the following conditions of its recognition, in addition to those already required by 29 CFR 1910.7:

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

* If FMRC has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the organization that developed the test standard of this fact and provide that organization with appropriate relevant information upon which its concerns are based;' * FMRC 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, FMRC agrees that it will allow no representation that it is either a recognized or 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;

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

* FMRC shall continue to meet the requirements for recognition in all areas where it has been recognized; and

* FMRC shall always cooperate with OSHA to assure with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Effective Date: This recognition will become effective on August 16, 1995 and will be valid for a period of five years from that date, until August 16, 2000, unless terminated prior to that date, in accordance with 29 CFR 1910.7

Signed at Washington, D.C. this 10th day of August, 1995.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 95-20259 Filed 8-15-95; 8:45 am]