[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Notices]
[Pages 59647-59649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24093]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2013-0012]
Modification to the List of Appropriate NRTL Program Test
Standards and the Scopes of Recognition of Several NRTLs
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the final decision to: (1) Add
a new test standard to the Nationally Recognized Testing Laboratories
(NRTL) Program's list of appropriate test standards and (2) update the
scopes of recognition of several NRTLs.
DATES: The actions contained in this notice will become effective on
November 5, 2019.
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; telephone: (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; telephone: (202) 693-2110 or email:
robinson.kevin@dol.gov. OSHA's web page includes information about the
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Background
The NRTL program recognizes organizations that provide product-
safety testing and certification services to manufacturers. These
organizations perform testing and certification for purposes of the
program, to U.S. consensus-based product-safety test standards. The
products covered by the NRTL program consist of those items for which
OSHA safety standards require certification by a NRTL. The requirements
affect electrical products and 38 other types of products. OSHA does
not develop or issue these test standards, but generally relies on
standards-development organizations (SDOs), which develop and maintain
the standards using a method that provides input and consideration of
views of industry groups, experts, users, consumers, governmental
authorities and others having broad experience in the safety field
involved.
A. Addition of New Test Standards to the NRTL List of Appropriate Test
Standards
Periodically, OSHA will add new test standards to the NRTL list of
appropriate test standards following an evaluation of the test standard
document. To qualify as an appropriate test standard, the agency
evaluates the document to: (1) Verify it represents a product category
for which OSHA requires certification by a NRTL, (2) verify the
document represents an end product and not a component, and (3) verify
the document defines safety test specifications (not installation or
operational performance specifications). OSHA becomes aware of new test
standards through various avenues. For example, OSHA may become aware
of new test standards by: (1) Monitoring notifications issued by
certain SDOs; (2) reviewing applications by NRTLs or applicants seeking
recognition to include a new test standard in their scopes of
recognition; and (3) obtaining notification from manufacturers,
manufacturing organizations, government agencies, or other parties that
a new test standard may be appropriate to add to its list of
appropriate standards. OSHA may determine to include a new test
standard in the list, for example, if the test standard is for a
particular type of product that another test standard also covers,
covers a type of product that no standard previously covered, or is
otherwise new to the NRTL Program.
B. SDO Deletion and Replacement of Test Standards
The NRTL program regulations require that appropriate test
standards be maintained and current (29 CFR 1910.7(c)). A test standard
withdrawn by a standards-development organization is no longer
considered an appropriate test standard (Directive, App. C.XIV.B). It
is OSHA's policy to remove recognition of withdrawn test standards by
issuing a correction notice in the Federal Register for all NRTLs
recognized for the withdrawn test standards. However, SDOs frequently
will designate a replacement standard for standards they withdraw. OSHA
will recognize a NRTL for an appropriate replacement test standard if
the NRTL has the requisite testing and evaluation capability for the
replacement test standard.
One method that NRTLs may use to show such capability involves an
analysis to determine whether any testing and evaluation requirements
of existing test standards in a NRTL scope are comparable (i.e., are
completely or substantially identical) to the requirements in the
replacement test standard. If OSHA's analysis shows the replacement
test standard does not require additional or different technical
capability than an existing test standard(s), the replacement test
standard is comparable to the existing test standard(s), then OSHA can
add the replacement test standard to affected NRTLs' scopes of
recognition. If OSHA's analysis shows the replacement test
standard requires an additional or different technical capability, or
the replacement test standard is not comparable to any existing test
standards, each affected NRTL that seeks to have OSHA add the
replacement test standard to the NRTL's scope of recognition must
provide information to OSHA that demonstrates technical capability.
C. Other Reasons for Removal of Test Standards From the NRTL List of
Appropriate Test Standards
OSHA may choose to remove a test standard from the NRTL list of
appropriate test standards based on an internal review. The review will
determine if the test standards conform to the definition of an
appropriate test standard defined in NRTL program regulations and
policy. There are several reasons for removing a test standard based on
this review. First, a document that provides the methodology for a
single test is a test method rather than an appropriate test standard
(29 CFR 1910.7(c)). As stated above, a test standard must specify the
safety requirements for a specific type of product(s). A test method,
however, is a ``specified technical procedure for performing a test''
(Directive, App. B). As such, a test method is not an appropriate test
standard. While a NRTL may use a test method to determine if certain
safety requirements are met, a test method is not itself a safety
requirement for a specific product category.
Second, a document that focuses primarily on usage, installation,
or maintenance requirements would also not be considered an appropriate
test standard (Directive, App. D.IV.B). In some cases, however, a
document may also provide safety test specifications in addition to
usage, installation, and maintenance requirements. In such cases, the
document would be retained as an appropriate test standard based on the
safety test specifications.
Finally, a document may not be considered an appropriate test
standard if the document covers products for which OSHA does not
require testing and certification (Directive, App. D.IV.A). Similarly,
a document that covers electrical-product components would not be
considered an appropriate test standard. These documents apply to types
of components that have limitation(s) or condition(s) on their use, in
that they are not appropriate end-use products. These documents also
specify that these types of components are for use only as part of an
end-use product. NRTLs, however, evaluate such components only in the
context of evaluating whether end-use products requiring NRTL approval
are safe for use in the workplace. Testing such components alone would
not indicate that the end-use products containing the components are
safe for use. Accordingly, as a matter of policy, OSHA considers that
documents covering such components are not appropriate test standards
under the NRTL program. OSHA notes, however, that it is not proposing
to delete from NRTLs' scopes of recognition any test standards covering
end-use products that contain such components.\1\
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\1\ OSHA notes also that some types of devices covered by these
documents, such as capacitors and transformers, may be end-use
products themselves, and tested under other test standards
applicable to such products. For example, the following test
standard covers transformers that are end-use products: UL 1562
Standard for Transformers, Distribution, Dry-Type--Over 600 Volts.
OSHA is not proposing to delete such test standards from NRTLs'
scopes of recognition.
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In addition, OSHA notes that, to conform to a test standard
covering an end-use product, a NRTL must still determine that the
components in the product comply with the components' specific test
standards. In making this determination, NRTLs may test the components
themselves, or accept the testing of a qualified testing organization
that a given component conforms to its particular test standard. OSHA
reviews each NRTL's procedures to determine which approach the NRTL
will use to address components, and reviews the end-use product testing
to verify the NRTL appropriately addresses that product's components.
D. Proposed Modification to the NRTL List of Appropriate Test Standards
and the Scopes of Recognition of Several NRTLs
In a February 7, 2019, Federal Register notice (84 FR 2587,
referred to in this notice as ``Proposed Modification,'' and available
at www.regulations.gov under Docket ID OSHA-2013-0012-0011), OSHA
proposed: Adding one standard to the NRTL list of appropriate test
standards; deleting a withdrawn and deleted test standard from the NRTL
list of appropriate test standards; incorporating into the NRTL list of
appropriate test standards a replacement test standard for the
withdrawn and deleted test standard; and updating the scopes of
recognition of several NRTLs. OSHA received no comments, and in this
notice, takes final action on its proposals.
II. Final Decision To Add a New Test Standard to the NRTL Program's
List of Appropriate Test Standards
In this notice, OSHA announces its final decision to add one new
test standard, UL 61010-2-020, Standard for Safety Requirements for
Electrical Equipment for Laboratory Use; Part 2-020: Particular
Requirements for Laboratory Equipment for Laboratory Centrifuges, to
the NRTL program's list of appropriate test standards. In the Proposed
Modification, OSHA proposed adding the same test standard to the NRTL
Program's List of Appropriate Test Standards, as described in Table 1:
Table 1--Test Standards OSHA Is Adding to the NRTL Program's List of
Appropriate Test Standards
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Proposed replacement
Proposed test standard to be Reason for proposed test standard(s) (if
removed removal applicable)
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UL 61010A-2-020--Electrical Standard withdrawn UL 61010-2-020--
Equipment for Laboratory by Standards Standard for Safety
Use; Part 2: Particular Organization. Requirements for
Requirements for Laboratory Electrical
Equipment for Laboratory Equipment for
Centrifuges. Laboratory Use;
Part 2-020:
Particular
Requirements for
Laboratory
Equipment for
Laboratory
Centrifuges.
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III. Final Decision To Modify Affected NRTLs' Scopes of Recognition
In this notice, OSHA announces the final decision to update the
scopes of recognition of several NRTLs. The tables in this section
(Table 2 thru Table 5) list, for each affected NRTL, the test standard
that OSHA will delete from its scope of recognition and, when
applicable, the test standard that OSHA will incorporate into its scope
of
recognition to replace withdrawn (and deleted) test standard.
Table 2--Test Standard OSHA Will Remove and Replace From the Scope of
Recognition of the Canadian Standards Association
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Replacement test
Test standard to be removed Reason for removal standard
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UL 61010A-2-020--Electrical Standard withdrawn UL 61010-2-020--
Equipment for Laboratory by Standards Standard for Safety
Use; Part 2: Particular Organization. Requirements for
Requirements for Laboratory Electrical
Equipment for Laboratory Equipment for
Centrifuges. Laboratory Use;
Part 2-020:
Particular
Requirements for
Laboratory
Equipment for
Laboratory
Centrifuges.
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Table 3--Test Standard OSHA Will Remove and Replace From the Scope of
Recognition of Intertek Testing Services, NA
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Replacement test
Test standard to be removed Reason for removal standard
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UL 61010A-2-020--Electrical Standard withdrawn UL 61010-2-020--
Equipment for Laboratory by Standards Standard for Safety
Use; Part 2: Particular Organization. Requirements for
Requirements for Laboratory Electrical
Equipment for Laboratory Equipment for
Centrifuges. Laboratory Use;
Part 2-020:
Particular
Requirements for
Laboratory
Equipment for
Laboratory
Centrifuges.
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Table 4--Test Standard OSHA Will Remove and Replace From the Scope of
Recognition of TUV SUD America, Inc.
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Replacement test
Test standard to be removed Reason for removal standard
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UL 61010A-2-020--Electrical Standard withdrawn UL 61010-2-020--
Equipment for Laboratory by Standards Standard for Safety
Use; Part 2: Particular Organization. Requirements for
Requirements for Laboratory Electrical
Equipment for Laboratory Equipment for
Centrifuges. Laboratory Use;
Part 2-020:
Particular
Requirements for
Laboratory
Equipment for
Laboratory
Centrifuges.
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Table 5--Test Standard OSHA Will Remove and Replace From the Scope of
Recognition of Underwriters Laboratory, Inc.
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Replacement test
Test standard to be removed Reason for removal standard
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UL 61010A-2-020--Electrical Standard withdrawn UL 61010-2-020--
Equipment for Laboratory by Standards Standard for Safety
Use; Part 2: Particular Organization. Requirements for
Requirements for Laboratory Electrical
Equipment for Laboratory Equipment for
Centrifuges. Laboratory Use;
Part 2-020:
Particular
Requirements for
Laboratory
Equipment for
Laboratory
Centrifuges.
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OSHA will incorporate the modifications to each NRTL Scope of
Recognition on the informational web pages. These web pages detail the
scope of recognition for each NRTL, including the test standards the
NRTL may use to test and certify products under OSHA's NRTL Program.
OSHA also will add, to the Appropriate Test Standards web page, those
test standard added to the NRTL list of appropriate test standards, and
add, to the Standards No Longer Recognized web page, those test
standards that OSHA no longer recognizes or permits under the NRTL
program. Access to these web pages is available at http://www.osha.gov/dts/otpca/nrtl/index.html.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby updates the
NRTL List of Appropriate Test Standards, subject to the limitation and
conditions specified above.
V. Authority and Signature
Loren Sweatt, Principal 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 October 30, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-24093 Filed 11-4-19; 8:45 am]
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