[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8113-8116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03713]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0083]
Applied Research Laboratories of South Florida, LLC: Application
for Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA announces the application of Applied
Research Laboratories of South Florida, LLC, 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 March 26, 2018.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, 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:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0083,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 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, 10:00 a.m. to 3:00 p.m., E.T.
Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2007-0083) for the Information Collection Request
(ICR). All comments, 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. For further information
on submitting comments, see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) 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 website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Kevin Robinson
at the address below to obtain a copy of the ICR.
Extension of comment period: Submit requests for an extension of
the comment period on or before March 26, 2018 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; phone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
General and technical information: Contact Mr. Kevin Robinson,
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; phone:
(202) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Many of OSHA's workplace standards require that a 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, the NRTLs must meet
the 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 capabilities 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 a 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 Applied Research Laboratories of
South Florida, LLC, (ARL) is applying for recognition as a NRTL.
According to its public information (see http://www.arl-test.com), ARL
states that it is an internationally accredited testing laboratory. In
its application, ARL lists the current address of its headquarters as:
Applied Research Laboratories of South Florida, LLC, 5371 SW 161
Street, Miami, Florida 33014. OSHA has determined preliminarily that,
with conditions, ARL has the capability to perform as a NRTL as
outlined in 29 CFR 1910.7.
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.
ARL applied on March 5, 2014, for initial recognition as a NRTL. In its
initial application, ARL requested recognition for two test standards,
one site, and two supplemental programs (OSHA-2007-0083-0050). This
application was amended on December 1, 2014 to add one additional test
standard (OSHA-2007-0083-0051).\1\ The following sections set forth the
requested scope of recognition included in ARL's application.
---------------------------------------------------------------------------
\1\ ARL requested recognition for UL 1995, UL 1996, and UL 96.
OSHA preliminarily denies ARL's UL 96 application. OSHA is, on the
date of publication of the current notice in the Federal Register,
also issuing a Federal Register notice proposing to remove UL 96
from OSHA's List of Appropriate Test Standards because UL 96 is not
an appropriate test standard. That notice can be accessed via
http://www.regulations.gov under Docket ID OSHA-2013-0012. Any member of
the public objecting generally to the removal of UL 96 from the List
of Appropriate Test Standards should submit comments to that effect
pursuant to the instructions in that notice. Any member of the
public objecting specifically to OSHA's preliminary rejection of
ARL's request to include UL 96 in its scope of recognition should
submit comments to that effect pursuant to the instructions in the
current Notice.
---------------------------------------------------------------------------
A. Standards Requested for Recognition
Table 1 below lists the appropriate test standards found within
ARL's application for testing and certification of products under the
NRTL Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
ARL's NRTL Scope of Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 1995................................ Heating and Cooling Equipment.
UL 1996................................ Standard for Electric Duct
Heaters.
------------------------------------------------------------------------
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 ARL's site included in its application for
recognition as a NRTL is:
1. Applied Research Laboratories of South Florida, LLC, 5371 SW 161
Street, Miami, Florida 33014;
The NRTL Program requires that to be a recognized site, the site
listed above must have the capability to conduct 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 ARL's application for
recognition as a NRTL include the following items:
Program 1: Basic Procedure. The basic program under which all
product testing and evaluation is performed in-house by the NRTL that
will certify the product.
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 a NRTL
OSHA's NRTL Program recognition process involves a thorough
analysis of a 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 ARL's application packet and reviewed other pertinent information.
OSHA staff also performed
three comprehensive on-site assessments of ARL's testing facilities, on
February 25-26, 2015, March 30, 2016, and November 28-29, 2017. An
overview of OSHA's assessment of the four requirements for recognition
(i.e., capability, control procedures, independence, and credible
reports and complaint handling) is 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 ARL's application packet and reviewed other
pertinent information to assess its capabilities to perform testing and
certification activities. OSHA preliminarily determined that ARL has
demonstrated these capabilities through the following:
ARL facility has adequate test areas, energy sources, and
procedures for controlling incompatible activities.
ARL 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.
ARL 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.
ARL has detailed procedures addressing the maintenance and
calibration of equipment, and the types of records maintained for, or
supporting laboratory activities.
ARL has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
ARL has an adequate quality-control system in place to
conduct internal audits, as well as track and resolve nonconformances.
OSHA's on-site assessments of ARL's facility confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. ARL
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 ARL's application packet and
reviewed other pertinent information to assess its control procedures.
OSHA preliminarily determined that ARL has demonstrated these
capabilities through the following:
ARL has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
ARL has a registered certification mark.
ARL 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 ARL's facility confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. ARL
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
ARL's application packet and reviewed other pertinent information to
assess its independence. OSHA preliminarily determined that ARL has
demonstrated independence through the following:
ARL is a privately-owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
ARL shows that it has none of the relationships described
in OSHA's independence policy 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 ARL's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA preliminarily
determined that ARL has demonstrated these capabilities through the
following:
ARL has detailed procedures describing the content of test
reports, and other detailed procedures describing the preparation and
approval of these reports.
ARL has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
fair manner.
OSHA's on-site assessments of ARL's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. ARL
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 assessments, indicate that ARL
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a Nationally Recognized Testing Laboratory for its site located in
Miami, Florida, with the condition that ARL agree to increased OSHA
oversight of its operations including:
More frequent on-site assessments of ARL facilities;
ARL providing OSHA with periodic reports listing the
products that have been certified under the NRTL Program; and
Confirmation from ARL that products with ARL Listings
(non-NRTL) will undergo re-evaluation and re-testing and/or a thorough
documented review of previously gathered evaluation and testing results
prior to NRTL certification.
OSHA's preliminary finding does not constitute an interim or
temporary approval of ARL's application.
OSHA welcomes public comment as to whether ARL meets the
requirements of 29 CFR 1910.7 for recognition as a 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, for an extension by
the due date for comments. OSHA will limit any extension to 10 days
unless the requester justifies a longer time period. OSHA may deny a
request for an extension if it is not adequately justified. To obtain
or review copies of the exhibits identified in this notice, as well as
comments submitted to the docket, contact the Docket Office, Room N-
3653, 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-2007-0083.
OSHA staff will review all comments submitted to the docket in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health regarding ARL's application for
recognition as a 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
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, 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 February 16, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-03713 Filed 2-22-18; 8:45 am]
BILLING CODE 4510-26-P
