Generic Response to Letters from Manufacturers Concerning ARL Revocation
[NOTE: The actual responses were issued in late 2008. The text below varies slightly, but not significantly, from the original.]
Thank you for contacting the Occupational Safety and Health Administration (OSHA) concerning the status of Applied Research Laboratories, Inc. (ARL) as a Nationally Recognized Testing Laboratory (NRTL). The NRTL status signifies that an organization meets the legal requirements detailed in OSHA's regulations found in section 1910.7 of Title 29 of the Code of Federal Regulations, cited as 29 CFR 1910.7.
As part of the regular auditing that OSHA conducts of every NRTL, OSHA identified several deficiencies in ARL's testing and certification operations that ARL did not adequately correct. OSHA determined that, as a result of these deficiencies, ARL failed to satisfy the requirements of 29 CFR 1910.7, and revocation of ARL's recognition as an NRTL was necessary.
ARL was first aware of the possibility of revocation in October 2006. The revocation was effective on January 28, 2008, and publicly announced in the Federal Register on February 22, 2008, pages 9838 and 9839. OSHA thoroughly considered this matter before the revocation, and received no information that would cause it to reconsider its decision. ARL has the option to reapply to OSHA for recognition as an NRTL. OSHA's application review and approval process typically takes 2-3 years to complete.
As a result of this revocation, OSHA no longer accepts products certified by ARL on or after January 28, 2008. Manufacturers needing assurance that their product will continue to conform to OSHA's requirements should, as soon as practical, seek the services of a current NRTL recognized for testing of that type of product. A complete list of NRTLs, along with their scope of recognition (which includes the test standards they can use under the NRTL Program), is available on the OSHA website at: http://www.osha.gov/dts/otpca/nrtl.
If you have any further questions, please feel free to contact my staff at 202-693-2110.
Director, Office of Technical Programs and Coordination Activities