[Federal Register: April 21, 2008 (Volume 73, Number 77)][Notices]
[Page 21378-21381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap08-111]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0053]
Nationally Recognized Testing Laboratories; Proposed Satellite
Notification and Acceptance Program
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: The Occupational Safety and Health Administration (OSHA)
requests comment on a new segment being proposed under its Nationally
Recognized Testing Laboratory (NRTL) Program. This segment is called
the Satellite Notification and Acceptance Program, and participation by
NRTLs in the program is voluntary. The description for this program
specifies the criteria and conditions under which any NRTL may control
and audit certain facilities in order to perform particular functions
at those facilities.
DATES: You must submit information or comments by the following dates:
Hard copy: postmarked or sent by May 21, 2008.
Electronic transmission or facsimile: sent by May 21,
2008.
ADDRESSES: You may submit comments by any of the following methods:
Electronically: You may submit comments electronically at
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger or courier service:
You must submit three copies of your comments to the OSHA Docket
Office, Docket No. OSHA-2007-0053, U.S. Department of Labor, Room N-
2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries
(hand, express mail, messenger and courier service) are accepted during
the Department of Labor's and Docket Office's normal business hours,
8:15 a.m.-4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA Docket No. OSHA-2007-0053). Submissions,
including any personal information you provide, are placed in the
public docket without change and may be made available online at
http://www.regulations.gov.
Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the
http://www.regulations.gov index, however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3655, Washington, DC 20210. Or, fax to (202) 693-1644.
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone (202) 693-2110. Our Web page includes information about the
NRTL Program (see http://www.osha.gov and select "N" in the site
index).
SUPPLEMENTARY INFORMATION:
Introduction
The Occupational Safety and Health Administration (OSHA) is
proposing a new operational segment under its Nationally Recognized
Testing Laboratory (NRTL) Program; it will be called the Satellite
Notification and Acceptance Program (SNAP). This new segment would
allow NRTLs to use facilities referred to as "SNAP sites," which they
control and audit, in order to perform particular functions necessary
in the NRTL's testing and certification operations. These functions
are called "certification functions" in this notice. NRTLs would need
to meet certain criteria and conditions to be approved by OSHA for
SNAP.
SNAP would become the NRTL Program's ninth "supplemental
program"; the supplemental programs are one of the three elements of
the NRTL scope of recognition. In general, these supplemental programs
permit a qualified NRTL to use the services or activities of other
parties or facilities for purposes of testing and certifying products.
The initial eight programs were formally established by OSHA for the
NRTL Program through publication of their description in the Federal
Register (see 60 FR 12980, March 9, 1995). That notice set forth the
criteria and conditions that an NRTL must meet to use a particular
program. More information about supplemental programs is given later in
this notice and is also available under Chapter 2 of the NRTL Program
Policies, Procedures, and Guidelines (referred to as NRTL Program
Directive or NRTL Directive, for short), which may be found at
http://www.osha.gov/dts/otpca/nrtl/index.html. Use of any of these
supplemental programs by any NRTL is voluntary.
In this notice, we provide background about the NRTL Program, for
those unfamiliar with the program, and then follow with the description
of SNAP. The detailed program description of SNAP is available for
viewing or downloading at the above Web page link.
This notice is published to provide the public with an opportunity
to comment on OSHA's pending action. This action does not change any of
the requirements for NRTLs, found under 29 CFR 1910.7, or any of the
OSHA requirements for approval of particular products by NRTLs. SNAP is
an internal policy, which would be made part of the NRTL Directive and
thus become an NRTL Program policy. The Agency is requesting public
comment on this action in the interest of providing a formal
opportunity for input by NRTLs and the public. OSHA obtained informal
comments from NRTLs on a draft version of SNAP prior to publication of
this notice.
Background on NRTLs
Many of OSHA's standards require that certain types of workplace
equipment be approved (i.e., tested and certified) by an NRTL. For
example, 29 CFR 1910.303(a) (read together with the definitions of
"approved" and "acceptable" in 29 CFR 1910.399) generally requires
such approval for electrical equipment or products. OSHA's requirement
for approval helps to ensure that products are safe for use in the
workplace.
NRTLs are qualified organizations that are recognized under the
Agency's NRTL Program as meeting the requirements in 29 CFR 1910.7 to
perform independent (i.e., third-party) product safety testing and
certification. To be recognized by OSHA as an NRTL, an organization
must: (1) Have the appropriate capability to test and evaluate products
for workplace safety purposes; (2) be completely independent of the
manufacturers, vendors, and major users of the products for which OSHA
requires certification; (3) have internal programs that ensure proper
control of the testing and certification process; and (4) establish
effective reporting and complaint handling procedures (29 CFR
1910.7(b)).
OSHA's NRTL recognition process involves a thorough analysis of an
organization's policies and procedures to ensure that it meets all of
the requirements of 29 CFR 1910.7. OSHA also performs a comprehensive
on-site review of the applicant's testing and certification facilities.
After initial recognition, the Program staff also conduct annual on-
site audits to ensure that the NRTLs adequately perform their testing
and certification activities and maintain the quality of those
operations.
The recognition process is described in Appendix A to 29 CFR
1910.7, which is further explained in Chapters 2 through 6 of the NRTL
Program Directive (CPL 01-00-003--CPL 1-0.3). All of these documents
are available through the Program's Web site (see http://www.osha.gov/
dts/otpca/nrtl/index.html).
Each NRTL is approved for a scope of recognition which identifies:
(1) The types of products the NRTL may approve, (2) the NRTL's
"recognized sites" which are the NRTL's wholly-owned sites that can
perform the full range of product testing and certification activities
necessary in approving those products, and (3) "supplemental
programs" through which the NRTL can use other resources in performing
activities necessary for product testing and certification. To date,
the "supplemental programs" mainly have allowed the NRTL's recognized
sites to accept (i.e., use) other-party product testing, specifically
testing performed by non-NRTL independent testing labs and by product
manufacturers.
As indicated above, to be recognized, the NRTL must be capable of
performing two key operations in approving products: testing and
certification or, more broadly, operating a product safety-testing
program and a product-certification program. The latter program, for
purposes of OSHA requirements, consists of listing/labeling and follow-
up inspection programs. While both operations are necessary for
approval, the NRTL's certification program is fundamentally important
to the control of the approval process. Not only does this program
involve the issuance of the initial certification, but through it the
NRTL also gains assurance that all manufactured units of the product
have the same safety features as the unit initially tested and
certified.
Although OSHA does not require NRTLs to perform all testing
themselves, our policy has restricted them to perform certain
"certification functions" only at their recognized sites. The
rationale for such a limitation was that OSHA initially evaluated the
NRTL's resources and capabilities to perform these functions at those
specific sites and then monitored the NRTL's performance of these
critical functions during its audits of those sites. However,
responding to industry needs to perform these functions at other
locations, OSHA would adopt a new NRTL Program policy allowing NRTLs to
use special unrecognized sites to perform certification functions and,
if qualified, product testing too. We would allow this use by
implementing a new supplemental program, called the Satellite
Notification and Acceptance Program (SNAP). Before describing the new
program, and the functions allowed under it, we further explain what we
mean by "supplemental programs."
As noted above, these supplemental programs allow the NRTLs to use
other qualified parties to perform a particular activity, and to date
most of these programs have allowed NRTLs to accept (i.e., use) other-
party product testing. To be approved to use a program, NRTLs must
apply to OSHA which determines if they meet the applicable criteria or
conditions for the program. Approval to use any program is unrelated to
OSHA's determination of whether an NRTL meets the requirements for
recognition under 29 CFR 1910.7. The supplemental programs merely serve
as a means for OSHA to ensure that NRTLs engage in certain activities
only if they have met certain criteria or conditions. Use of
supplemental programs by any NRTL is voluntary.
Background on Relevant NRTL Program Policy and New Program Segment
When OSHA first implemented these supplemental programs, it allowed
long-standing practices of the product testing and certification industry
but defined the necessary minimum elements for their use. By doing
this, OSHA improved the effectiveness and uniform application of these
practices by all NRTLs and assured that they would, in testing and
certifying products, properly utilize the resources provided by other
parties. Use of a supplemental program often reduces the time and cost
necessary for product approval, but the NRTL must still exercise
adequate control to ensure that other parties are performing their
testing or other activities appropriately.
OSHA has for many years allowed NRTLs to use testing performed by
other NRTLs or by non-recognized facilities (i.e., satellites) of the
NRTL, again a practice that was common in the industry. The new
supplemental program being proposed today basically expands the role
that satellites perform in the NRTL's approval process.
In adopting this new program, OSHA would allow NRTLs to engage in
activities that address challenges they face in testing and certifying
products but, similar to other programs, defining minimum criteria and
conditions for these activities. The proposed program would permit a
qualified NRTL to perform certification activities at many more
locations than OSHA currently allows. These additional locations could
also qualify testing locations and accept test and evaluation data,
activities that OSHA had to date restricted to recognized sites. This
program also could potentially expedite any NRTL's approval activities.
Allowing the program is a measured approach since we do so with the
clear objectives of maintaining the effectiveness of our NRTL
monitoring and assuring that the safety of NRTL approved products is
not compromised.
Like all supplemental programs, the SNAP is yet another segment
within the NRTL Program. Similar to these programs, the NRTL must apply
to OSHA and meet very specific criteria before receiving approval to
use SNAP. The SNAP Program Description describes these criteria, which
specify a series of controls and safeguards for both the NRTL and OSHA.
As another similarity, to use any particular site as a satellite under
SNAP (which we call a SNAP site), the NRTL must qualify it to ensure
that the site can perform one or more of the allowable functions
covered under SNAP. However, these SNAP sites would not be recognized
sites under the OSHA NRTL Program, and thus would not be considered in
any determination regarding recognition of the NRTL.
In contrast to those other programs, OSHA would audit the SNAP
sites and the NRTL site that centrally manages its SNAP operations; the
Agency does not audit facilities which the NRTL qualifies under one of
the existing programs, and would not audit those qualified by SNAP
sites, either. In addition, OSHA could drop any NRTL or satellite from
SNAP if warranted due to noncompliance with any conditions. Any NRTL
not approved to use SNAP must perform the functions below only at its
recognized site(s).
NRTLs can always apply to OSHA to "convert" any of their
satellites or SNAP sites to a recognized site. We would process this
application as a regular scope expansion, and thus grant it if the site
met the necessary requirements.
The functions that could be performed at a qualified SNAP site,
each briefly explained, are:
1. Qualify sites under Programs 2 through 7, or parties under
Program 9, which are all described in a March 9, 1995, FR notice (60 FR
12980).
Programs 2 through 7 involve the NRTL's acceptance or use of
testing data or product evaluations from other parties, specifically
independent labs and product manufacturers. Under these programs, NRTLs
must "qualify" each location (or site) generating the data or
evaluation. In qualifying it, NRTLs ensure that a site meets the NRTL's
internal criteria for the capability to perform the work to be accepted
or used. Program 9 involves the NRTL using other parties to perform
services, such as calibration of equipment or follow-up inspections.
NRTLs qualify each supplier to ensure that it meets the NRTL's internal
criteria for providing the specific service. To date, only recognized
sites have performed such activities, but SNAP sites could too.
2. Accept data under Programs 2 through 8 which are described in
the March 9, 1995, FR notice (60 FR 12980).
In accepting testing data or product evaluations under Programs 2
through 8 (see above), the NRTL must have the appropriate technical
personnel for review of the adequacy and accuracy of the data. The NRTL
must have clear procedures on how to conduct the review. Only
recognized sites and SNAP sites having these elements could perform the
acceptance.
3. Maintain or provide the only access to primary product test and
evaluation files or records for any of the Programs.
The NRTL must have and make available to OSHA the primary product
test and evaluation files or records for its activities. Such documents
are essential to proper performance and review by the NRTL of its
activities and are fundamental to OSHA's audit of NRTLs. Current
technology allows many of these records to be converted to electronic
medium and made available remotely. In addition, some records can be
stored by others or at locations remote from the site where they were
originally generated. In short, a recognized or SNAP site must either
maintain or provide access to these records or files.
4. Perform the final technical review or make the final decision on
certification of a product.
Performing the final technical review or making the final decision
on certification of a product is the culmination of the technical
process for product certification. This review or decision must be made
by well-qualified technical staff and represents the assurance that the
product meets the applicable provisions of the relevant test standard.
Such review is necessary before the final decision can be made. Only
recognized sites and SNAP sites having this capability could perform
this function.
5. Finally, under SNAP, OSHA would allow SNAP sites that are wholly
owned by the NRTL to authorize the use of the NRTL's mark.
OSHA has long considered the authorization by the NRTL to use its
mark as equivalent to the final decision on certification and thus
believes it is appropriate to limit this activity to SNAP sites that
are wholly owned by the NRTL. The NRTL should adequately control this
function since it should only occur simultaneously or concurrently with
the final decision on certification.
Acceptance of Applications and Final Notice for SNAP
OSHA would begin accepting applications from NRTLs for using SNAP
beginning 60 days from the date of publication of the Federal Register
notice announcing the Agency's formal implementation of SNAP. Following
publication, we will invite Nationally Recognized Testing Laboratories
and applicants for recognition to apply for approval to use the SNAP.
The program description, and a letter sent to NRTLs concurrently with
publication of this notice, is available through
http://www.osha.gov/dts/otpca/nrtl/index.html, the main Web site
for the NRTL Program.
OSHA welcomes public comments on its proposal to adopt SNAP,
including any suggested changes to SNAP or any alternative that is
equivalent to it. Your comments should consist of pertinent written
documents and exhibits. Should you need more time to comment, you must
request it in writing, including reasons for the request. OSHA must
receive your written request for extension at the address provided
above no later than the last date for comments. OSHA will limit any
extension to 30 days, unless the requester justifies a longer period.
You may obtain or review documents related to this notice, as received,
by contacting OSHA's Docket Office (see ADDRESSES section above). Docket
No. OSHA-2007-0053 contains all materials in the record concerning OSHA's
NRTL SNAP Program.
OSHA will review all timely comments and determine whether any of
them merit modification of the elements of SNAP or delay in its
implementation.
Signed at Washington, DC, this 15th day of April, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-8430 Filed 4-18-08; 8:45 am]
BILLING CODE 4510-26-P
