[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16673-16676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06083]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2019-0009]
DEKRA Certification Inc.: Application for Recognition and
Proposed Modification to the NRTL Program's List of Appropriate Test
Standards
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of DEKRA
Certification, Inc., for recognition as a Nationally Recognized Testing
Laboratory (NRTL) and presents the agency's preliminary finding to
grant this recognition. Additionally, OSHA proposes to modify the NRTL
Program's List of Appropriate Test Standards to add two additional test
standards.
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 April 23, 2020.
ADDRESSES: Submit comments by any of the following methods:
Electronically: You may submit comments and attachments
electronically at: https://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-2019-0009,
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 Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2019-0009). All comments, including any personal
information you provide, are placed in the public docket without
change, and may be made available online at https://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.
Docket: To read or download comments or other material in the
docket, go to https://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 https://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 at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before April 23, 2020 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-3653, 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, 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, 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 DEKRA Certification, Inc., (DEKRA) is
applying for recognition as a NRTL. According to its public information
(see https://www.dekra-product-safety.com/en/about-dekra) DEKRA states
that it is an internationally accredited testing laboratory. In its
application, DEKRA lists the current address of its headquarters as:
DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling,
Virginia 20164. OSHA has determined preliminarily that DEKRA has the
capability to perform as a NRTL as outlined in 29 CFR 1910.7.
Each NRTL's scope of recognition has two elements: (1) The type of
products the NRTL may test, with each type specified by its applicable
test standard; and (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. DEKRA applied on December 8, 2016, for one recognized site
(OSHA-2019-0009-0002). This application was amended on October 4, 2018,
to add a new site as the company headquarters and requesting five
supplemental programs within its scope of recognition (OSHA-2019-0009-
0003). This application was amended again on October 8, 2019 to request
thirty-four test standards be included within its scope of recognition.
On October 1, 2019, OSHA published an update to the NRTL Program
Policies, Procedures and Guidelines Directive, CPL-01-004, which
eliminates supplemental programs from the NRTL Program. With this
update, OSHA will no longer recognize NRTL applicants for supplemental
programs. The following sections set forth the requested scope of
recognition included in DEKRA's application.
A. Standards Requested for Recognition
Table 1 below lists the appropriate test standards found within
DEKRA's application for testing and certification of products under the
NRTL Program.
Table 1--Proposed List of Appropriate Test Standards for Inclusion in
DEKRA's NRTL Scope of Recognition
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Test standard Test standard title
------------------------------------------------------------------------
AAMI 60601-1................. Medical Electrical Equipment--Part 1:
General Requirements for Basic Safety
and Essential Performance.
UL 1012...................... Standard for Power Units Other Than Class
2.
UL 1059...................... Standard for Terminal Blocks.
UL 1203...................... Standard for Explosion-Proof and Dust-
Ignition-Proof Electrical Equipment for
Use in Hazardous (Classified) Locations.
UL 121201.................... Nonincendive Electrical Equipment for Use
in Class I and II, Division 2 and Class
III, Divisions 1 and 2 Hazardous
(Classified) Locations.
UL 1310...................... Standard for Class 2 Power Units.
UL 153....................... Standard for Portable Electric
Luminaires.
UL 1598...................... Luminaires.
UL 1778...................... Uninterruptible Power Systems.
UL 2157...................... Electric Clothes Washing Machines and
Extractors.
UL 50........................ Enclosures for Electrical Equipment, Non-
Environmental Considerations.
UL 508A...................... Standard for Industrial Control Panels.
UL 60065..................... Standard for Audio, Video and Similar
Electronic Apparatus--Safety
Requirements.
UL 60079-0................... Standard for Explosive Atmospheres--Part
0: Equipment--General Requirements.
UL 60079-1................... Standard for Explosive Atmospheres--Part
1: Equipment Protection by Flameproof
Enclosures ``d''.
UL 60079-2................... Standard for Explosive Atmospheres--Part
2: Equipment Protection by Pressurized
Enclosure `p'.
UL 60079-7................... Standard for Explosive Atmospheres--Part
7: Equipment Protection by Increased
Safety `e'.
UL 60079-11.................. Explosive Atmospheres--Part 11: Equipment
Protection by Intrinsic Safety ``i''.
UL 60079-15.................. Explosive Atmospheres--Part 15: Equipment
Protection by Type of Protection `n'.
UL 60079-18.................. Standard for Explosive Atmospheres--Part
18: Equipment Protection by
Encapsulation `m'.
UL 60079-26.................. Standard for Explosive Atmospheres--Part
26: Equipment with Equipment Protection
Level (EPL) Gas.
UL 60079-30-1 *.............. Standard for Explosive Atmospheres--Part
30-1: Electrical Resistance Trace
Heating--General and Testing
Requirements.
UL 60079-31.................. Explosive Atmospheres--Part 31: Equipment
Dust Ignition Protection by Enclosure
`t'.
UL 60730-1 *................. Automatic Electrical Controls--Part 1:
General Requirements.
UL 60730-2-9................. Standard for Automatic Electrical
Controls--Part 2-9: Particular
Requirements for Temperature Sensing
Controls.
UL 60950-1................... Information Technology Equipment--Safety--
Part 1: General Requirements.
UL 60950-22.................. Information Technology Equipment--Safety--
Part 22: Equipment to be Installed
Outdoors.
UL 61010-1................... Safety Requirements for Electrical
Equipment for Measurement, Control and
Laboratory Use--Part 1: General
Requirements.
UL 61058-1................... Switches for Appliances--Part 1: General
Requirement.
UL 62368-1................... Audio/video, Information and
Communication Technology Equipment--Part
1: Safety Requirements.
UL 858....................... Standard for Household Electric Ranges.
UL 858A...................... Safety-Related Solid-State Controls For
Electric Ranges.
UL 8750...................... Standard for Light Emitting Diode (LED)
Equipment for Use in Lighting Products.
UL 913....................... Standard for Intrinsically Safe Apparatus
and Associated Apparatus for Use in
Class I, II, III, Division 1, Hazardous
(Classified) Locations.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
Program's List of Appropriate Test Standards.
III. Proposal To Add New Test Standards to the NRTL Program's List of
Appropriate Test Standards
Periodically, OSHA will propose to add new test standards to the
NRTL Program's 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 Standards
Development Organizations; (2) reviewing applications by NRTLs or
applicants seeking recognition to include new test standard in their
scopes of recognition; and (3) obtaining notification from
manufacturers, manufacturing organizations, government agencies, or
other parties. 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 or it covers a type of
product that no standard previously covered.
In this notice, OSHA proposes to add two new test standards to the
NRTL Program's list of appropriate test standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined that these test standards are appropriate test
standards and proposes to include them in the NRTL Program's list of
appropriate test standards. OSHA seeks public comment on this
preliminary determination.
Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
List of Appropriate Test Standards
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 60079-30-1 *.............. Standard for Explosive Atmospheres--Part
30-1: Electrical Resistance Trace
Heating--General and Testing
Requirements.
UL 60730-1 *................. Automatic Electrical Controls--Part 1:
General Requirements.
------------------------------------------------------------------------
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. NRTL Program policy (see OSHA Instruction CPL 1-001-004,
Chapter 2, Section VIII), establishes test standard approval criteria
based on 29 CFR 1910.7(c).
B. Sites Requested for Recognition
The current addresses of the DEKRA's sites included in its
application for recognition as a NRTL are:
1. DEKRA Certification, Inc., 405 Glenn Drive, Suite 12, Sterling,
Virginia 20164; and
2. DEKRA Certification B.V. Arnhem, Meander 1051, 6825 MJ Arnhem,
Gelderland, Netherlands.
The NRTL Program requires that to be a recognized site, the sites
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.
IV. 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 DEKRA's application packet and reviewed other pertinent information.
OSHA staff also performed comprehensive on-site assessments of DEKRA's
testing facilities, at DEKRA Arnhem, Netherlands on July 11-13, 2018
and DEKRA Sterling, Virginia on October 30, 2018. 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 DEKRA's application packet and reviewed other
pertinent information to assess its capabilities to perform testing and
certification activities. OSHA preliminarily determined that DEKRA has
demonstrated these capabilities through the following:
DEKRA's facilities have adequate test areas, energy
sources, and procedures for controlling incompatible activities.
DEKRA 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.
DEKRA 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.
DEKRA has detailed procedures addressing the maintenance
and calibration of equipment, and the types of records maintained for,
or supporting laboratory activities.
DEKRA has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
DEKRA 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 DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
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 DEKRA's application packet and reviewed other
pertinent information to assess its control procedures. OSHA
preliminarily determined that DEKRA has demonstrated these capabilities
through the following:
DEKRA has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
DEKRA has a registered certification mark.
DEKRA 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 DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
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. The revised NRTL Program Policies, Procedures
and Guidelines Directive, CPL 01-004-001, allows NRTLs to comply with
the requirement in the NRTL Program regulation that NRTLs be
``completely independent of employers subject to the tested equipment
requirements, and of any manufacturers or vendors of equipment or
materials being tested for these purposes'' (29 CFR 1910.7(b)(3)) by
meeting the minimum performance standards of Annex B of the NRTL
Program directive CPL 01-004-001 with respect to impartiality. The
revised policy focuses on the NRTL's ability to effectively identify,
eliminate and control any risk to its impartiality.
This policy requires the NRTL to identify risks to impartiality on
an ongoing basis and when risks to impartiality are identified, the
NRTL must demonstrate how it eliminates or minimizes such risks. OSHA
staff performed a detailed analysis of DEKRA's application packet and
reviewed other pertinent information to assess its independence. OSHA
preliminarily determined that DEKRA has demonstrated independence
through the following:
DEKRA is a privately-owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
DEKRA 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.
DEKRA has policies and procedures in place to identify
risks to impartiality and when risks to impartiality are found, DEKRA
has policies and procedures to eliminate or minimize such risks.
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 DEKRA's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA preliminarily
determined that DEKRA has demonstrated these capabilities through the
following:
DEKRA has detailed procedures describing the content of
test reports, and other detailed procedures describing the preparation
and approval of these reports.
DEKRA has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
fair manner.
OSHA's on-site assessments of DEKRA's facilities confirmed the
capabilities described in its application packet. The assessors found
some non-conformances with the requirements of 29 CFR 1910.7. DEKRA
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 DEKRA
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a NRTL for its sites located in Sterling, Virginia and Arnhem,
Netherlands.
OSHA's preliminary finding does not constitute an interim or
temporary approval of DEKRA's application.
OSHA welcomes public comment as to whether DEKRA 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-2019-0009.
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 DEKRA'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.
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 March 18, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-06083 Filed 3-23-20; 8:45 am]
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