[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR6.10]



[Page 13]

 

                       TITLE 30--MINERAL RESOURCES

 

  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

 

PART 6_TESTING AND EVALUATION BY INDEPENDENT LABORATORIES AND NON-MSHA 

PRODUCT SAFETY STANDARDS--Table of Contents

 

Sec.  6.10  Use of independent laboratories.



    (a) MSHA will accept testing and evaluation performed by an 

independent laboratory for purposes of MSHA product approval provided 

that MSHA receives as part of the application:

    (1) Written evidence of the laboratory's independence and current 

recognition by a laboratory accrediting organization;

    (2) Complete technical explanation of how the product complies with 

each requirement in the applicable MSHA product approval requirements;

    (3) Identification of components or features of the product that are 

critical to the safety of the product; and

    (4) All documentation, including drawings and specifications, as 

submitted to the independent laboratory by the applicant and as required 

by the applicable part under this chapter.

    (b) Product testing and evaluation performed by independent 

laboratories for purposes of MSHA approval must comply with the 

applicable MSHA product approval requirements.

    (c) Product testing and evaluation must be conducted or witnessed by 

the laboratory's personnel.

    (d) After review of the information required under paragraphs (a)(1) 

through (a)(4) of this section, MSHA will notify the applicant if 

additional information or testing is required. The applicant must 

provide this information, arrange any additional or repeat tests and 

notify MSHA of the location, date, and time of the test(s). MSHA may 

observe any additional testing conducted by an independent laboratory. 

Further, MSHA may decide to conduct the additional or repeated tests at 

the applicant's expense. The applicant must supply any additional 

components necessary for testing and evaluation.

    (e) Upon request by MSHA, but not more than once a year, except for 

cause, approval holders of products approved based on independent 

laboratory testing and evaluation must make such products available for 

post-approval audit at a mutually agreeable site at no cost to MSHA.

    (f) Once the product is approved, the approval holder must notify 

MSHA of all product defects of which they become aware.