PREAMBLE
- Pursuant to the Occupational Safety and Health Act of the United States of America, and the regulations issued under its mandate, OSHA has established procedures (29 CFR 1910.7) for accrediting those who test and certify products for use in the workplace.
- Pursuant to the Standards Council of Canada Act (Revised Statutes of Canada, 1985, chapter S-16) the mandate of SCC includes the power to accredit organizations engaged in testing and certification.
- SCC and OSHA, while maintaining the integrity and independence of their respective operations, desire to establish a cooperative working relationship to exchange information, to participate, where possible, in each other's assessments of organizations engaged in testing and cerification and, to the extent practicable, harmonize their policies and procedures in a manner compatible with internationally recognized guidelines.
INFORMATION EXCHANGE
- While maintaining the confidentiality of information that would not be accessible under the laws relating to privacy of information in their respective jurisdictions, and subject to paragraph five (5), each Agency intends to provide the other with the following information relating to testing and certification organizations:
- upon the request of the other, any existing SCC or OSHA records;
- upon receipt, notices of applications for accreditation;
- following accreditation, the scope of accreditation of an organization;
- when appropriate, information that would assist the other in making an acceditation decision, or in ensuring the criteria and procedures of the other continue to be met;
- where appropriate, assessment reports and information about compliants; and
- periodically, or upon specific request, a list with updated information on each accedited organization.
- The SCC will need to obtain permission from an organization prior to making the information referred to in paragraph four (4) available to OSHA.
- It is understood that information exchanged pursuant to this Arrangement is to be used solely to assist in the administration of each Agency's certification accreditation programs.
PARTICIPATION IN ASSESSMENTS
- In order to facilitate the accreditation of an organization in both jurisdictions, where the applicant so desires, both Agencies intend to cooperate in the assessment process in such a manner that will assist in reducing the time and expenses of the applicant.
- Audits of organizations accredited in both jurisdictions may be coordinated between the Agencies to avoid, where possible, additional burden to the accredited organization.
HARMONIZATION OF POLICIES AND PROCEDURES
- Following the signing of this Arrangement, each Agency intends to provide the other with copies of its policies and procedures, criteria or requirements that are pertinent to carrying out its mandate in the context of this Arrangement.
- Any amendments or additions to the documents mentioned in paragraph nine (9) should be provided to the other as soon as it is expedient and, where possible, each Agency intends to apprise the other Agency of pending changes.
- To the extent practicable, both Agencies intend to harmonize their procedures in a manner compatible with internationally recognized guidelines.
- In order to work toward the harmonization of procedures, each Agency plans to provide the other with an opportunity to comment on revisions to its policies, procedures and assessment criteria for conducting its testing and certification programs.
GENERAL
- This Arrangement is intended to lead to efficiencies in the accreditation process for those organizations accredited, or applying for accreditation in both jurisdictions, in accordance with the objectives of the North American Free-Trade Agreement.
- Each Agency is responsible for its own costs in carrying out the provisions of this Arrangement.
- Each Agency intends to provide such other information, and cooperate with the other, in such other manner as is necessary to give full effect to the terms of this Arrangement.
- Following the signing of this Arrangement, each Agency intends to provide the other with the name of the senior officer responsible for carrying out the provisions of this Arrangement.
- The Agencies intend, through the persons set out in paragraph 16, to arrange to hold such meetings, and carry on such other activites as are considered useful in furthering this Arrangement to the extent that is commensurate with the available resources and expertise of each Agency.
- Cooperation under this Arrangement will begin on the date of the last signature and will continue until either Agency informs the other, by at least three (3) months' written notice, of the intent to cease cooperation.
- signed -
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4-11-97
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Acting Assistant Secretary
for the Occupational Safety and Health Administration,
U.S. Dept. of Labour
|
DATE
|
- signed -
|
3-12-97
|
Executive Director
for the Standards Council of Canada
|
DATE
|
Note: This MOU has not yet been implemented by either party.
|
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