DEPARTMENT OF LABOR

Occupational Safety and Health Administration [Docket No. NRTL-2-92]

Canadian Standards Association

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Notice of Expansion of Recognition as a Nationally Recognized Testing Laboratory.

SUMMARY: This notice announces the Agency's final decision on the Canadian Standards Association application for expansion of its recognition as an NRTL under 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The Canadian Standards Association (CSA) previously made application pursuant to section 6(b) of the Occupational Safety and Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 1910.7, for recognition of its Rexdale (Toronto) facility as a Nationally Recognized Testing Laboratory (see 57 FR 23429, 6/3/92; amended 57 FR 48804, 10/28/92), and was so recognized (see 57 FR 61452, 12/24/92); made application for expansion of the recognition of its Rexdale facility (see 58 FR 64973, 12/10/93), and was so recognized (see 59 FR 5447, 2/4/94); subsequently made application for inclusion of its Pointe-Claire, Richmond, Edmonton, Moncton, and Winnipeg facilities in the recognition of its Rexdale facility as an NRTL (see 59 FR 10173, 3/3/94), and was so recognized (see 59 FR 40602, 8/9/94); made application for expansion of its recognition (see 59 FR 63383, 12/8/94, and was so recognized (see 60 FR 15595, dated 3/24/95). CSA applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory for programs and procedures, which was published in the Federal Register on July 12, 1996 (61 FR 36763). No comments were received concerning this request for expansion.

Notice is hereby given that CSA's recognition as a Nationally Recognized Testing Laboratory has been expanded to include the programs and procedures listed below.

Copies of all pertinent documents (Docket No. NRTL-2-92) are available for inspection and duplication at the Docket Office, Room N-2634, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

The addresses of the laboratories covered by this application are:

Canadian Standards Association,
Rexdale (Toronto) Facility, 178
Rexdale Boulevard, Rexdale, Ontario
M9W 1R3, Canada.

Canadian Standards Association,
Pointe-Claire (Montreal) Facility, 865
Ellingham Street, Pointe-Claire,
Quebec H9R 5E8, Canada.

Canadian Standards Association,
Richmond (Vancouver) Facility,
13799 Commerce Parkway,
Richmond, British Columbia V6V
2N9, Canada.

Canadian Standards Association,
Edmonton Facility, 1707-94th Street,
Edmonton, Alberta T6N 1E6, Canada.

Canadian Standards Association,
Moncton Facility, 40 Rooney Cresent,
Moncton, New Brunswick E1E 4M3, Canada.

Canadian Standards Association,
Winnipeg Facility, 50 Paramount Road,
Winnipeg, Manitoba R2X 2W3, Canada.

Final Decision and Order

Based upon the details of the Canadian Standards Association's original application for recognition, its requests for expansion, the original and renewal on-site assessments, and all of the programs that it has utilized for many years in testing and certifying products in its Product Certification Program (under its Canadian accreditation), and the fact that the controls for the various programs had already been established to enable it to test and certify products under the programs and procedures which it has requested, OSHA finds that the Canadian Standards Association has met the requirements of 29 CFR 1910.7 for expansion of its recognition to utilize the specific programs and procedures noted below in testing and certifying products. Pursuant to the authority in 29 CFR 1910.7, CSA's recognition is hereby expanded to include the eight programs and procedures cited below, subject to the conditions listed below.

Expansion of Recognition -- Programs and Procedures

1. Acceptance of testing data from independent organizations, other than NRTLs.

2. Acceptance of product evaluations from independent organizations, other than NRTLs.

3. Acceptance of witnessed testing data.

4. Acceptance of testing data from non-independent organizations.

5. Acceptance of evaluation data from non-independent organizations (requiring NRTL review prior to marketing).

6. Acceptance of continued certification following minor modifications by the client.

7. Acceptance of product evaluations from organizations that function as part of the International Electrotechnical Commission Certification Body (IEC-CB) Scheme.

8. Acceptance of services other than testing or evaluation performed by subcontractors or agents.

The Canadian Standards Association must also abide by the following conditions of the expansion of its recognition, in addition to those already required by 29 CFR 1910.7;

This recognition does not apply to any aspect of any CSA program which is available only to qualified manufacturers and is based upon the NRTL's evaluation and accreditation of the manufacturer's quality assurance program;

The Occupational Safety and Health Administration shall be allowed access to CSA's facilities and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If CSA has reason to doubt the efficacy of any test standards 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;

CSA 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, CSA agrees that it will allow no representation that 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;

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

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

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

EFFECTIVE DATE: This recognition will become effective on November 20, 1996 and will be valid until December 24, 1997, (a period of five years from the date of the original recognition, December 24, 1992), unless terminated prior to that date, in accordance with 29 CFR 1910.7.

Signed at Washington, D.C. this 12th day of November, 1996.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 96-29627 Filed 11-19-96; 8:45 am]

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