[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)][Notices][Pages 51618-51621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20592]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0030]
IAPMO EGS: Application for Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of the
International Association of Plumbing and Mechanical Officials EGS
(IAPMO), for recognition as a Nationally Recognized Testing Laboratory
(NRTL), and presents the Agency's preliminary finding to grant this
recognition.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before September 29, 2014.
ADDRESSES: Submit comments by any of the following methods:
1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking
Portal. Follow the instructions online for making electronic
submissions.
2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2013-0030, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2013-0030). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
5. 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. Contact the OSHA Docket Office for assistance in locating
docket submissions.
6. Extension of comment period: Submit requests for an extension of
the comment period on or before September 29, 2014 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: Meilinger.francis2@dol.gov.
General and technical information: Contact Mr. David W. Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: johnson.david.w@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Many of OSHA's workplace standards require that an NRTL test and
certify certain types of equipment as safe for use in the workplace.
NRTLs are independent laboratories that meet OSHA's requirements for
performing safety testing and certification of products used in the
workplace. To obtain and retain OSHA recognition, NRTLs must meet the
legal requirements in the NRTL Program regulations at 29 CFR 1910.7.
More specifically, to be recognized by OSHA, an organization must: (1)
have the appropriate capability to test, evaluate, and approve products
to assure their safe use in the workplace; (2) be completely independent
of employers subject to the tested equipment requirements, and
manufacturers and vendors of products for which OSHA requires
certification; (3) have internal programs that ensure proper control of
the testing and certification process; and (4) have effective reporting
and complaint handling procedures. Recognition is an acknowledgement by
OSHA that the NRTL has the capability to perform independent safety
testing and certification of the specific products covered within the
NRTL's scope of recognition, and is not a delegation or grant of
government authority. Recognition of an NRTL by OSHA also allows
employers to use products certified by that NRTL to meet those OSHA
standards that require product testing and certification.
The Agency processes applications for initial recognition following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
OSHA to publish two notices in the Federal Register in processing an
application. In the first notice, OSHA announces the application,
provides its preliminary finding, and solicits comments on its
preliminary findings. In the second notice, the Agency provides its
final decision on the application. These notices set forth the NRTL's
scope of recognition.
II. Notice of the Application for Recognition
OSHA is providing notice that IAPMO is applying for recognition as
an NRTL. According to public information (see
http://www.iapmoegs.org/Pages/default.aspx), IAPMO states that
it performs independent testing and listing for pool, spa and bathtub
industries. In its application, IAPMO lists the current address of its
headquarters as: IAPMO EGS, 5001 E. Philadelphia Street, Ontario,
California 91761.
Each NRTL's scope of recognition has three elements: (1) the type
of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that have the
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the
NRTL's scope of recognition; and (3) the supplemental program(s) that
the NRTL may use, each of which allows the NRTL to rely on other
parties to perform activities necessary for testing and certification.
IAPMO applied for initial recognition as an NRTL on April 7, 2009. In
its application, IAPMO requested recognition for six test standards,
one site, and two supplemental programs (Exhibit 14-1--IAPMO Initial
Application for Recognition). The following sections set forth the
requested scope of recognition included in IAPMO's application.
A. Standards Requested for Recognition
Table 1 below lists the appropriate test standards found in IAPMO's
application for testing and certification of products under the NRTL
Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
IAPMO's NRTL Scope of Recognition
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Test standard Test standard title
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UL 778............................ Motor-Operated Water Pumps
UL 1081........................... Swimming Pool Pumps, Filters, and
Chlorinators
UL 1431........................... Personal Hygiene and Health Care
Appliances
UL 1563........................... Electric Spas, Equipment Assemblies,
and Associated Equipment
UL 1795........................... Hydromassage Bathtubs
UL 1951........................... Electric Plumbing Accessories
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The test standards listed above may be approved as U.S. test
standards by the American National Standards Institute (ANSI). However,
for convenience, the Agency may use the designations of the standards-
developing organization for the test standards instead of the ANSI
designation. Under the NRTL Program's policy (see OSHA Instruction CPL
1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular
test standard may use either the proprietary version of the test
standard or the ANSI version of that standard.
B. Sites Requested for Recognition
The current address of IAPMO's one site included in its application
for recognition as an NRTL is: IAPMO EGS, 5001 E. Philadelphia Street,
Ontario, California 91761. The NRTL Program requires that at least one
of the recognized sites listed above have the capability to conduct the
product testing in accordance with the appropriate test standard for
the equipment or material being tested and certified.
C. Supplemental Programs
The supplemental programs listed in IAPMO's application for
recognition as an NRTL include:
Program 2: Acceptance of testing data from independent
organizations, other than NRTLs.
Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents (for calibration services only).
III. Preliminary Finding on the Application for Recognition as an NRTL
OSHA's NRTL Program recognition process involves a thorough
analysis of an NRTL applicant's policies and procedures, and a
comprehensive on-site review of the applicant's testing and
certification activities to ensure that the applicant meets the
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis
of IAPMO's application packet and reviewed other pertinent information.
IAPMO's Ontario, California site has the capability to conduct testing
and certification in accordance with requirements outlined in the test
standard specifications for the test standards listed in Section II. A.
above. OSHA staff also performed a comprehensive on-site assessment of
IAPMO's testing facilities on February 27 and 28, 2014. An overview of
OSHA's assessment of the four requirements for recognition (i.e.,
capability, control procedures, independence, and creditable reports
and complaint handling) are provided below.
A. Capability
Section 1910.7(b)(1) states that, for each specified item of
equipment or material to be listed, labeled, or accepted, the NRTL 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. OSHA staff
performed a detailed analysis of IAPMO's application packet and reviewed
other pertinent information to assess its capabilities to perform test and
certification activities. OSHA determined that IAPMO has demonstrated
these capabilities through following:
The IAPMO facility has adequate test areas, energy
sources, and procedures for controlling incompatible activities.
IAPMO provided a detailed list of its testing equipment.
Review of the application shows that the equipment listed is available
and adequate for the standards for which it seeks recognition.
IAPMO has detailed procedures for conducting testing,
review, and evaluation, and for capturing the test and other data
required by the test standards for which it seeks recognition.
IAPMO has detailed procedures addressing the maintenance
and calibration of equipment, and the types of records maintained for,
or supporting laboratory activities.
IAPMO has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
IAPMO has an adequate quality-control system in place to
conduct internal audits, as well as tracking and resolution of non-
conformances.
OSHA's on-site assessment of IAPMO's facilities confirmed the
capabilities described in its application packet. While the assessors
found some non-conformances with the requirements of 29 CFR 1910.7,
IAPMO addressed these issues sufficiently to meet the applicable NRTL
requirements.
B. Control Procedures
Section 1910.7(b)(2) requires that the NRTL provide controls and
services, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These controls and
services include procedures for identifying the listed or labeled
equipment or materials, inspections of production runs at factories to
assure conformance with test standards, and field inspections to
monitor and assure the proper use of identifying marks or labels. OSHA
staff performed a detailed analysis of IAPMO's application packet and
reviewed other pertinent information to assess its control procedures.
OSHA determined that IAPMO has demonstrated these capabilities through
following:
IAPMO has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
IAPMO has a registered certification mark.
IAPMO has certification procedures to address the
authorization of certifications and audits of factory facilities. The
audits apply to both the initial evaluations and the follow-up
inspections of manufacturers' facilities.
OSHA's on-site assessment of IAPMO's facilities confirmed the
control procedures described in its application packet. While the
assessors found some non-conformances with the requirements of 29 CFR
1910.7, IAPMO addressed these issues sufficiently to meet the
applicable NRTL requirements.
C. Independence
Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers that are subject to the testing requirements,
and of any manufacturers or vendors of equipment or materials tested
under the NRTL Program. OSHA has a policy for the independence of NRTLs
that specifies the criteria used for determining whether an
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive
list of relationships that would cause an organization to fail to meet
the specified criteria. OSHA staff performed a detailed analysis of
IAPMO's application packet and reviewed other pertinent information to
assess its independence. OSHA determined that IAPMO has demonstrated
independence through the following:
IAPMO is a privately owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
IAPMO shows that it has none of the relationships
described above or any other relationship that could subject it to
undue influence when testing for product safety.
D. Credible Reports and Complaint Handling
Section 1910.7(b)(4) specifies that a NRTL must maintain effective
procedures for producing credible findings and reports that are
objective and free of bias. The NRTL must also have procedures for
handling complaints and disputes under a fair and reasonable system.
OSHA staff performed a detailed analysis of IAPMO's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA determined that
IAPMO has demonstrated these capabilities through the following.
IAPMO has detailed procedures describing the content of
the test reports, and other detailed procedures describing the
preparation and approval of these reports.
IAPMO has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
fair manner.
OSHA's on-site assessment of IAPMO's facilities confirmed the
credible reports and complaint handling procedures described in its
application packet. While the assessors found some non-conformances
with the requirements of 29 CFR 1910.7, IAPMO addressed these issues
sufficiently to meet the applicable NRTL requirements.
OSHA's review of the application file and pertinent documentation,
as well as the results of the on-site assessment, indicate that IAPMO
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a Nationally Recognized Testing Laboratory for its site located in
Ontario, California. The OSHA staff, therefore, preliminarily
recommended that the Assistant Secretary approve the application. This
preliminary finding does not constitute an interim or temporary
approval of IAPMO's application.
OSHA welcomes public comment as to whether IAPMO meets the
requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments
should consist of pertinent written documents and exhibits. Commenters
needing more time to comment must submit a request in writing, stating
the reasons for the request. Commenters must submit the written request
for an extension by the due date for comments. OSHA will limit any
extension to 10 days unless the requester justifies a longer period.
OSHA may deny a request for an extension if it is not adequately
justified. To obtain or review copies of the publicly available
information in IAPMO's application, including pertinent documents
(e.g., exhibits) and all submitted comments, contact the Docket Office,
Room N-2625, Occupational Safety and Health Administration, U.S.
Department of Labor, at the above address; these materials also are
available online at http://www.regulations.gov under Docket No. OSHA-
2013-0030.
OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these comments,
will recommend to the Assistant Secretary whether to grant IAPMO's
application for recognition as an NRTL. The Assistant Secretary will make
the final decision on granting the application. In making this decision,
the Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this
final decision in the Federal Register.
IV. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on August 25, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-20592 Filed 8-28-14; 8:45 am]
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