August 26, 2003

Mr. Joseph J. Widman
Design Solution Specialist
Honeywell
4263 Monroe Street
Toledo, Ohio 43606

Dear Mr. Widman:

Thank you for your July 9, 2003 letter to the Occupational Safety and Health Administration (OSHA) regarding Facility/Building Management Systems or separate Building Systems that may violate OSHA regulations. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your scenario, questions, and our response are provided below:

Scenario: Per your conversation with a member of my staff and your letter to us, your concern is how OSHA standards apply to specific use and suitability of the Facility/Building Management Systems UL Listings for Energy Management, Alarm Reporting, Process Supervisory Monitoring and Control, Smoke Control, Fire Alarm, Building Security and Card Access Control.

Question: Based on the information provided and paraphrasing questions one through seven, you ask what OSHA standards would be cited if a piece of equipment, listed only under a specific UL category, is used to operate more than one system (e.g., where a piece of equipment is categorized as PAZX/UL 916, building energy management, however, it is used to do both building energy management and monitor general building alarms).

Response: The OSHA standard that would be cited is 29 CFR 1910.303(b)(2). This standard requires that listed or labeled equipment shall be used or installed in accordance with any instructions included in the listing or labeling. The definitions for "listed" or "labeled" are stated in Section 29 CFR 1910.399 as follows:

Listed. Equipment is "listed" if it is of a kind mentioned in a list that is published by a nationally recognized testing laboratory (NRTL), which makes periodic inspection of the production of such equipment, and/or such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner.

Labeled. Equipment is "labeled" if there is an attached label, symbol, or other identifying mark of a NRTL which makes periodic inspections of the production of such equipment, and whose labeling indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

To obtain product labeling or listing by a particular NRTL, it will usually be necessary to contact the manufacturer to comply with the applicable testing standard of that NRTL. The testing standard will typically specify how the product is to be marked or labeled and what instructions for installation and use must be provided. Thus, an employer would be in violation of 29 CFR 1910.303(b)(2) if its installation or use of equipment, such as energy management equipment, is not consistent with the NRTL-required markings and labeling or the installation and use instructions required for that equipment.

Thank you for your interest in occupational safety and health. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov. If you have any further questions, please contact the Office of General Industry Enforcement at 202-693-1850.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs