DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-97]

Applied Research Laboratories, Inc., Recognition as a NRTL

AGENCY: Occupational Safety and Health Administration; Labor.

ACTIONS: Notice of recognition as a Nationally Recognized Testing Laboratory (NRTL).

SUMMARY: This notice announces the Agency's final decision on the application of Applied Research Laboratories, Inc. for recognition as a NRTL under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on November 21, 1997 and will be valid for a period of five years from that date, until November 21, 2002, unless terminated prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, 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, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that Applied Research Laboratories, Inc. (ARL), which made application pursuant to 29 CFR 1910.7, has been recognized as a Nationally Recognized Testing Laboratory for the equipment or materials, and the program listed below.

The address of the laboratory covered by this recognition is: Applied Research Laboratories, Inc., 5371 NW 161st Street, Miami, Florida 33014.

Background

Applied Research Laboratories, Inc. (ARL), according to the applicant, was founded in 1949, and is a Florida-registered engineering corporation, with the owner as sole stockholder. Applied Research Laboratories, Inc., applied for recognition as a Nationally Recognized Testing Laboratory, pursuant to 29 CFR 1910.7, and a notice of the application was published in the Federal Register (62 FR 42827, 8/8/97). The notice included a preliminary finding that ARL could meet the requirements for recognition detailed in 29 CFR 1910.7, and invited public comment on the application by October 7, 1997. No comments were received concerning this request for recognition.

The four primary criteria for recognition are presented below, along with examples which illustrate how ARL has met these criteria.

Capability

Section 1910.7(b)(1) states that for each specified item of equipment or material to be certified, the laboratory must have the capability (including proper testing equipment and facilities, trained staff, written testing procedures, and calibration and quality control programs) to perform testing and examination of equipment and materials for workplace safety purposes to determine conformance with appropriate product test standards.

The on-site review report indicates that ARL has facilities and personnel which are appropriate for the area of recognition it seeks. In addition, ARL maintains a Procedures Manual, which indicates step-by-step procedures for processing done in a number of areas. Procedures available cover areas such as testing, calibration, record keeping, and product follow-up service. ARL also maintains a Quality Assurance Manual and a Laboratory Accreditation Manual, with responsibility for internal quality control vested in the Director of Quality Control. The on-site review report indicates that ARL has test equipment available to perform testing necessary for the area of recognition it seeks, with the exception of specialized tests which ARL is unable to perform at its Miami facility.

In these cases, ARL obtains the services of other testing organizations, and witnesses the tests.

The On-site Review report indicates that ARL has adequate calibration procedures and calibration records, and that calibrations are traceable to NIST or other approved sources. A record of all calibrations is maintained by the Director of Quality.

Control Procedures

Section 1910.7(b)(2) requires that the NRTL provide certain follow- up procedures, to the extent necessary, for the particular equipment or material to be listed, labeled, or accepted. These include implementation of control procedures for identifying the listed or labeled equipment or materials, inspecting the production runs at factories to assure conformance with test standards, and conducting field inspections to monitor and assure the proper use of the label.

ARL has procedures for follow-up inspections on the products it certifies, and for completing a Listing, Labeling, and Follow-up Service Agreement with a manufacturer. Other procedures cover control of its listing and labeling, and decertification. ARL conducts four inspections per year at those factories where ARL listed/certified products are manufactured. In addition, before use of the ARL certification mark is permitted, ARL will inspect the manufacturer's facility to ensure there is a capability to produce products in conformance with ARL's requirements.

Independence

Section 1910.7(b)(3) requires that the NRTL be completely independent of employers subject to the tested equipment requirements, and for any manufacturers or vendors of equipment or materials being tested for these purposes.

ARL supplied a statement of affiliation which included declarations that it has no managerial affiliations with any producer, supplier, or vendor; it has no securities, investments, or stock options in the product lines; the employment security of its personnel is free from influence by any producer, supplier, or vendor; and it is not owned, operated, or controlled by any producers, suppliers, or vendors.

Creditable Reports/Complaint Handling

Section 1910.7(b)(4) provides that a recognized NRTL must maintain effective procedures for producing creditable findings and reports that are objective and without bias, as well as for handling complaints and disputes under a fair and reasonable system.

ARL's application, and the on-site review report indicate that ARL maintains various manuals that describe the procedures for testing and for all written reports, as well as record keeping requirements.

With regard to the handling of complaints or contested results, ARL maintains a Submissions and Review Board, which can be convened at the request of a client, to review results and actions undertaken by ARL.

Programs and Procedures

Applied Research Laboratories, Inc., performs acceptance of witnessed testing data, based upon the conditions as detailed in the Federal Register document titled "Nationally Recognized Testing Laboratories; Clarification of the Types of Programs and Procedures," 60 FR 12980, 3/9/95.

Currently, this Program is primarily utilized for certain wind load tests conducted on large structures which require they be tested as installed and which ARL does not have the facilities to perform. The tests would be witnessed by either an ARL Professional Engineer, or the ARL Department Head to which a particular project has been assigned. Test results are presented in report form to ARL and become part of the ARL file documentation.

Final Decision and Order

Based upon a preponderance of the evidence resulting from an examination of the complete application, the supporting documentation, and the OSHA staff finding including the on-site review report, OSHA finds that Applied Research Laboratories, Inc. has met the requirements of 29 CFR 1910.7 to be recognized by OSHA as a Nationally Recognized Testing Laboratory to test and certify certain equipment or materials, and for acceptance of witnessed test data.

Pursuant to the authority in 29 CFR 1910.7, Applied Research Laboratories, Inc. is recognized as a Nationally Recognized Testing Laboratory subject to the limitations and conditions listed below:

Limitations

This recognition is limited to equipment or materials which, under Title 29, require or permit testing, listing, labeling, approval, acceptance, or certification, by a Nationally Recognized Testing Laboratory. This recognition is further limited to the use of the following test standards for the testing and certification of equipment or materials included within the scope of these standards. ARL has stated that it believes that the following standards pertain to equipment or materials that will be used in environments under OSHA's jurisdiction, and OSHA has determined they are appropriate within the meaning of 29 CFR 1910.7(c):

ASTM E152 -- Standard Methods of Fire Tests of Door Assemblies

ANSI/UL 22 -- Amusement and Gaming Machines

ANSI/UL -- 858 Household Electric Ranges

UL 1838 -- Low Voltage Landscape Lighting Systems

UL 1995 -- Heating and Cooling Equipment

Conditions

Applied Research Laboratories, Inc. must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA shall be allowed access to ARL's facility and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If ARL 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;

ARL 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, ARL 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;

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

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

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

Authority: 29 CFR 1910.7.

Signed at Washington, DC, this 14th day of November, 1997.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 97-30685 Filed 11-20-97; 8:45 am)