[NOTE: This document varies slightly, but not significantly, from the original.]
June 3, 2008
Mr. Bruce Sukert
Applied Research Laboratories, Inc.
5371 N.W. 161 Street
Miami, Florida 33014
Dear Mr. Sukert:
I am following up on the April 15, 2008, call we had with you and [your attorney]. During that call our attorney provided the clarifications you requested when we met with you, your staff, and your attorney on March 5, 2008. During that meeting you sought clarification about certain information to give to your clients as to the status of Applied Research Laboratories, Inc., (ARL) as a Nationally Recognized Testing Laboratory (NRTL). OSHA revoked that status effective January 28, 2008. We are confirming below the clarification and other information conveyed during the April 15 call.
You asked whether OSHA could grant a temporary or interim recognition to ARL while it reapplies to OSHA for the NRTL status. You also asked whether ARL could still issue its NRTL labels to its clients. In response, OSHA has no authority under its regulations to grant any such recognition to ARL, and consequently, no authority to permit ARL to continue to issue any kind of NRTL certification on or after January 28, 2008. Such certifications, which would be unacceptable to OSHA, could occur if, for example, ARL were to issue labels containing the "NRTL" abbreviation or authorize manufacturers to imprint the ARL "NRTL" mark on product labels or packaging.
Those manufacturers wishing assurance that their product will continue to conform to OSHA's requirements must, as soon as practical, seek the services of a current NRTL recognized for testing that of type of product. We realize that it will take time for a manufacturer to select another NRTL and have its product retested and recertified. However, manufacturers should have already begun their search. Please keep in mind that there are a number of other NRTLs, not just one, that are also recognized for the type of products that ARL has certified for NRTL purposes.
ARL should take steps to ensure it is not misrepresenting its NRTL status in its printed materials, such as in its product listing book, or other communications with manufacturers, other parties, and the public. We reviewed the letter that ARL sent to its clients and have concerns about statements made with respect to ARL's revocation status or its efforts to be reinstated as an NRTL.
OSHA will be responding to the letters it received from ARL's clients and others who contacted us concerning the revocation. Our responses are essentially the same for many of the letters, and will state, and ARL should advise its clients, that OSHA is not in the process of reconsidering its revocation decision and no longer accepts ARL certifications after January 28, 2008, but that ARL has the option to re-apply to OSHA for recognition as an NRTL. A general version of this letter will be posted to the NRTL Program web site.
If you have any questions about this letter, please feel free to contact my staff at (202) 693-2110.
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