[[Federal Register: October 25, 2010 (Volume 75, Number 205)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0042]
Canadian Standards Association; Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision expanding the recognition of the
Canadian Standards Association as a Nationally Recognized Testing
Laboratory under 29 CFR 1910.7.
DATES: The expansion of recognition becomes effective on October 25,
FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210,
or phone (202) 693-2110.
Notice of Final Decision
The Occupational Safety and Health Administration (OSHA) hereby
gives notice that it is expanding recognition of the Canadian Standards
Association (CSA) as a Nationally Recognized Testing Laboratory (NRTL).
CSA's expansion covers the use of additional test standards. OSHA's
current scope of recognition for CSA may be found in the following
informational Web page: http://www.osha.gov/dts/otpca/nrtl/csa.html.
OSHA recognition of an NRTL signifies that the organization has met
the legal requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
The Agency processes applications by an NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational Web page
for each NRTL that details its scope of recognition. These pages are
available from the Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
Each NRTL's scope of recognition has three elements: (1)
The type of products the NRTL may test, with each type specified by its
applicable test standard; (2) the recognized site(s) that has/have the
technical capability to perform the testing and certification
activities for test standards within the NRTL's scope; and (3) the
supplemental program(s) that the NRTL may use, each of which allows the
NRTL to rely on other parties to perform activities necessary for
product testing and certification.
CSA submitted an application, dated June 25, 2008, to expand its
recognition to include five additional test standards. The NRTL Program
staff determined that four of these standards (listed below) are
"appropriate test standards" within the meaning of 29 CFR 1910.7(c).
In connection with this request, NRTL Program staff did not perform any
onsite review of CSA's recognized sites. The staff only performed a
comparability analysis,\1\ and recommended expansion of CSA's
recognition to include the additional four test standards listed below.
The Agency subsequently accepted this recommendation, and published a
preliminary notice announcing the expansion application in the Federal
Register on April 26, 2010 (75 FR 21666). Comments were requested by
May 11, 2010, but OSHA received no comments in response to this notice.
OSHA is now proceeding with this final notice to grant CSA's expansion
\1\ This analysis involves determining whether the testing and
evaluation requirements of test standards already in an NRTL's scope
are comparable to the requirements in the standards requested by the
All public documents pertaining to the CSA application are
available for review by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC 20210. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0042.
Final Decision and Order
NRTL Program staff examined CSA's application, the comparability
analysis, and other pertinent information. Based on this examination
and the analysis, OSHA finds that CSA meets the requirements of 29 CFR
1910.7 for expansion of its recognition, subject to the limitation and
conditions specified below. Pursuant to the authority in 29 CFR 1910.7,
OSHA hereby expands the recognition of CSA, subject to this limitation
and these conditions.
OSHA limits the expansion of CSA's recognition to testing and
certification of products for demonstration of conformance to the
following test standards, each of which OSHA determines is an
appropriate test standard, within the meaning of 29 CFR 1910.7(c):
UL 498A Current Taps and Adapters
UL 515 Electrical Resistance Heat Tracing for Commercial and Industrial
UL 1673 Electric Space Heating Cables
UL 1977 Component Connectors for Use in Data, Signal, Control and Power
The designations and titles of these test standards were current at the
time of the preparation of this notice.
OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials (i.e., products) for which OSHA
standards require third-party testing and certification before use in
the workplace. Consequently, if a test standard also covers any product
for which OSHA does not require such testing and certification, an
NRTL's scope of recognition does not include that product.
The American National Standards Institute (ANSI) may approve the
test standards listed above as an American National Standard. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C,
paragraph XIV), any NRTL recognized for a particular test standard may
use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.
CSA also must abide by the following conditions of the recognition,
in addition to those conditions already required by 29 CFR 1910.7:
1. CSA must allow access to its facilities and records to ascertain
continuing compliance with the terms of its recognition, and to perform
investigations as OSHA deems necessary;
2. If CSA has reason to doubt the efficacy of any test standard it
is using under this program, it must promptly inform the test standard-
developing organization of this concern, and provide that organization
with appropriate relevant information upon which its concern is based;
3. CSA must not engage in, or permit others to engage in, any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, CSA 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 applies and that its
recognition is limited to certain products;
4. CSA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
changes in its operations as an NRTL, including details of these
5. CSA will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
6. CSA will continue to meet the requirements for recognition in
all areas to which this recognition applies.
Authority and Signature
David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue, NW.,
Washington, DC 20210, directed the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Sections
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR
55355), and 29 CFR part 1911.
Signed at Washington, DC, on October 20, 2010.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-26887 Filed 10-22-10; 8:45 am]
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