DEPARTMENT OF LABOR [Docket No. NRTL-1-88]

MET Laboratories, Inc.

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTIONS: Notice of: (1) Renewal of Recognition as a Nationally Recognized Testing Laboratory; and (2) Expansion of Recognition as a Nationally Recognized Testing Laboratory.

SUMMARY: This notice announces the Agency's final decision on MET Laboratories, Inc. for: (1) renewal of its recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7; and (2) expansion as a NRTL under 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N3653, Washington, D.C. 20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

MET Laboratories, Inc. (MET) previously made application pursuant to section 6(b) of the Occupational Safety and Health Act of 1970 (84 Stat. 1593, 29 U.S.C. 655), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition as a Nationally Recognized Testing Laboratory (see 53 FR 49258 12/6/88), and was so recognized (see 54 FR 21136, 5/16/89). MET applied for: (1) renewal; and (2) expansion of its current recognition as a Nationally Recognized Testing Laboratory for the programs and procedures, and equipment or materials, pursuant to 29 CFR 1910.7, which was published in the Federal Register on August 6, 1996 (61 FR 41661). No comments were received concerning these requests.

Notice is hereby given that MET's recognition as a Nationally Recognized Testing Laboratory has been: (1) renewed; and (2) expanded to include the programs and procedures and the 12 test standards (equipment and material) listed below.

Copies of all pertinent documents (Docket No. NRTL-1-88) are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

The address of the laboratory covered by this application is: MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland 21230.

Final Decision and Order.

Based upon the facts found in the complete application file, including details of necessary test equipment, procedures, and special apparatus or facilities needed, adequacy of the staff, the application, amendments, and documentation submitted by the applicant, the OSHA staff finding including the original On-Site Review Report, previous audits, and the evaluation of the current requests, OSHA finds that MET Laboratories, Inc., has met the requirements of 29 CFR 1910.7 for: (1) Renewal of its recognition; and (2) expansion of its present recognition to test and certify certain equipment or materials as well as to utilize specific programs and procedures.

Pursuant to the authority in 29 CFR 1910.7, WL's recognition is hereby: (1) renewed; and (2) expanded to include (a) the 12 additional test standards (product categories) and (b) the eight programs and procedures cited below, subject to the conditions listed below. This recognition is limited to equipment or materials which, under 29 CFR Part 1910, require testing, listing, labeling, approval, acceptance, or certification by a Nationally Recognized Testing Laboratory. This recognition is limited to the use of the following 12 additional test standards for the testing and certification of equipment or materials included within the scope of these standards.

Renewal of NRTL Recognition

Appendix A to 29 CFR 1910.7 stipulates that the initial period of recognition of a NRTL is five years and that a NRTL may renew its recognition by applying not less than nine months, nor more than one year, before the expiration date of its current recognition. MET was recognized as a NRTL on May 16, 1989, and applied for a renewal of its recognition on August 17, 1993, within the time allotted, and has complied with all of the requirements of 29 CFR 1910.7 for renewal of its recognition as a Nationally Recognized Testing Laboratory.

Expansion of Recognition--Test Standards

MET has stated that these standards are used to test equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

UL 416--Refrigerated Medical Equipment

ANSI/UL 469--Musical Instruments and Accessories

ANSI/UL 751--Vending Machines

ANSI/UL 923--Microwave Cooking Appliances

UL 1492--Audio-Video Products and Accessories

UL 1604--Electrical Equipment for Use In Class I and II, Division 2, and Class III Hazardous (Classified) Locations

ANSI/UL 1638--Visual Signaling Appliances--Private Mode Emergency and General Utility Signaling

UL 1950--Safety of Information Technology Equipment, Including Electrical Business Equipment

UL 1995--Heating and Cooling Equipment

UL 2601-1--Medical Electrical Equipment, Part 1: General Requirements for Safety

UL 3101-1--Electrical Equipment for Laboratory Use; Part 1: General Requirements

UL 3111-1--Electrical Measuring and Test Equipment; Part 1: General Requirements

Expansion of Recognition--Programs and Procedures

1. Acceptance of testing data from independent organizations, other than NRTLs.

2. Acceptance of product evaluations from independent organizations, other than NRTLs.

3. Acceptance of witnessed testing data.

4. Acceptance of testing data from non-independent organizations.

5. Acceptance of evaluation data from non-independent organizations (requiring NRTL review prior to marketing).

6. Acceptance of continued certification following minor modifications by the client.

7. Acceptance of product evaluations from organizations that function as part of the International Electronical Commission Certification Body (IEC-CB) Scheme.

8. Acceptance of services other than testing or evaluation performed by subcontractors or agents.

MET Laboratories, Inc. must also abide by the following conditions of the expansion of its recognition, in addition to these already required by 29 CFR 1910.7:

This recognition does not apply to any aspect of any MET Laboratories, Inc. program which is available only to qualified manufacturers and is based upon the NRTL's evaluation and accreditation of the manufacturer's quality assurance program;

The Occupational Safety and Health Administration shall be allowed access to MET's facility and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If MET has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

MET shall not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, MET agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory (NRTL) without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products;

MET shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

MET will continue to meet the requirements for recognition in all areas where it has been recognized; and

MET will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Effective Date: This renewal and recognition will become effective on November 20, 1996 and will be valid until November 22, 2001 (a period of five years from the date of the renewal of this recognition), unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, DC, this 12th day of November, 1996.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 96-29629 Filed 11-19-96; 8:45 am]

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