[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30288]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2016-0022]
Bay Area Compliance Laboratories Corp.: Application for
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces the application of Bay Area
Compliance Laboratories Corp. for recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant this recognition.
DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before January 17, 2017.
ADDRESSES: Submit comments by any of the following methods:
1. Electronically: Submit comments and attachments electronically
http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2016-0022, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-3653,
Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-3:00 p.m., e.t.
4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2016-0022). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
6. Extension of comment period: Submit requests for an extension of
the comment period on or before January 17, 2017 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email: email@example.com.
Many of OSHA's workplace standards require that an NRTL test and
certify certain types of equipment as safe for use in the workplace.
NRTLs are independent laboratories that meet OSHA's requirements for
performing safety testing and certification of products used in the
workplace. To obtain and retain OSHA recognition, NRTLs must meet the
requirements in the NRTL Program regulations at 29 CFR 1910.7. More
specifically, to be recognized by OSHA, an organization must: (1) Have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of employers subject to the tested equipment requirements, and
manufacturers and vendors of products for which OSHA requires
certification; (3) have internal programs that ensure proper control of
the testing and certification process; and (4) have effective reporting
and complaint handling procedures. Recognition is an acknowledgement by
OSHA that the NRTL has the capabilities to perform independent safety
testing and certification of the specific products covered within the
NRTL's scope of recognition, and is not a delegation or grant of
government authority. Recognition of an NRTL by OSHA also allows
employers to use products certified by that NRTL to meet those OSHA
standards that require product testing and certification.
The Agency processes applications for initial recognition following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
OSHA to publish two notices in the Federal Register in processing an
application. In the first notice, OSHA announces the application,
provides its preliminary finding, and solicits comments on its
preliminary findings. In the second notice, the Agency provides its
final decision on the application. These notices set forth the NRTL's
scope of recognition.
II. Notice of the Application for Recognition
OSHA is providing notice that Bay Area Compliance Laboratories
Corp. (BACL) is applying for recognition as an NRTL. According to its
application, BACL was incorporated in 1996 to provide product
compliance testing services to customers in the areas of Product
Safety, Electromagnetic Compatibility and Telecommunications, testing
for Emissions, Immunity, Radio, Radio Frequency (RF) Exposure and
Telecommunications. The non-profit, third-party, non-governmental
accreditation body A2LA accredited BACL for UL 60950-1, the standard
for which BACL requests NRTL recognition. In its application, BACL
lists the current address of its headquarters as: Bay Area Compliance
Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, California 94089.
OSHA recognizes each NRTL for a scope of recognition that includes
the type of products the NRTL may test, with each type specified by its
applicable test standard, and the recognized site(s) that have the
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the
NRTL's scope of recognition. BACL applied for initial recognition as an
NRTL on May 1, 2015, and revised its application on May 12, 2016. In
its application and subsequent revision, BACL requested recognition for
one test standard and one site (OSHA-2016-0022-0001 and 0002). The
following sections set forth the requested scope of recognition
included in BACL's application.
A. Standards Requested for Recognition
Table 1 below lists the appropriate test standard found in BACL's
application for testing and certification of products under the NRTL
Table 1--Proposed Appropriate Test Standard for Inclusion in BACL's NRTL
Scope of Recognition
Test standard Test standard title
UL 60950-1................................ Information Technology
The test standard listed above may be approved as a U.S. test
standard by the American National Standards Institute (ANSI). However,
for convenience, the Agency may use the designation of the standards-
developing organization for the test standard instead of 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.
B. Sites Requested for Recognition
The current address of BACL's site included in its application for
recognition as an NRTL is:
1. Bay Area Compliance Laboratories Corp., 1274 Anvilwood Avenue,
Sunnyvale, California 94089.
The NRTL Program requires that the recognized site listed above has
the capability to conduct the product testing in accordance with the
appropriate test standard for the equipment or material being tested
III. Preliminary Finding on the Application for Recognition as an NRTL
OSHA's NRTL Program recognition process involves a thorough
analysis of an NRTL applicant's policies and procedures, and a
comprehensive on-site review of the applicant's testing and
certification activities to ensure that the applicant meets the
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis
of BACL's application packet and reviewed other pertinent information.
OSHA staff also performed a comprehensive on-site assessment of BACL's
testing facility, located at 1274 Anvilwood Avenue, Sunnyvale,
California 94089, on May 9-11, 2016. An overview of OSHA's assessment
of the four requirements for recognition (i.e., capability, control
procedures, independence, and creditable reports and complaint
handling) is provided below.
Section 1910.7(b)(1) states that, for each specified item of
equipment or material to be listed, labeled, or accepted, the NRTL must
have the capability (including proper testing equipment and facilities,
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed
a detailed analysis of BACL's application packet and reviewed other
pertinent information to assess its capabilities to perform test and
certification activities. OSHA determined that BACL has demonstrated
these capabilities through the following:
The BACL facility has adequate test areas, energy sources,
and procedures for controlling incompatible activities.
BACL provided a detailed list of its testing equipment.
Review of the application shows that the equipment listed is available
and adequate for the standards for which it seeks recognition.
BACL has detailed procedures for conducting testing,
review, and evaluation, and for capturing the test and other data
required by the test standards for which it seeks recognition.
BACL has detailed procedures addressing the maintenance
and calibration of equipment, and the types of records maintained for,
or supporting laboratory activities.
BACL has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
BACL has an adequate quality-control system in place to
conduct internal audits, as well as track and resolve nonconformances.
OSHA's on-site assessment of BACL's facility confirmed the
capabilities described in its application packet.
B. Control Procedures
Section 1910.7(b)(2) requires that the NRTL provide controls and
services, to the extent necessary, for the particular equipment or
material to be listed, labeled, or accepted. These controls and
services include procedures for identifying the listed or labeled
equipment or materials, inspections of production runs at factories to
assure conformance with test standards, and field inspections to
monitor and assure the proper use of identifying marks or labels. OSHA
staff performed a detailed analysis of BACL's application packet and
reviewed other pertinent information to assess its control procedures.
OSHA determined that BACL has demonstrated these control procedures
through the following:
BACL has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
BACL has a registered certification mark.
BACL has certification procedures to address the
authorization of certifications and audits of factory facilities. The
audits apply to both the initial evaluations and the follow-up
inspections of manufacturers' facilities.
OSHA's on-site assessment of BACL's facility confirmed the control
procedures described in its application packet.
Section 1910.7(b)(3) requires that the NRTL be completely
independent of employers that are subject to the testing requirements,
and of any manufacturers or vendors of equipment or materials tested
under the NRTL Program. OSHA has a policy for the independence of NRTLs
that specifies the criteria used for determining whether an
organization meets the above requirement (see OSHA Instruction CPL 1-
0.3, Appendix C, paragraph V). This policy contains a non-exhaustive
list of relationships that would cause an organization to fail to meet
the specified criteria. OSHA staff performed a detailed analysis of
BACL's application packet and reviewed other pertinent information to
assess its independence. OSHA determined that BACL has demonstrated
independence through the following:
BACL is a privately-owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
BACL shows that it has none of the relationships described
above or any other relationship that could subject it to undue
influence when testing for product safety.
D. Credible Reports and Complaint Handling
Section 1910.7(b)(4) specifies that a NRTL must maintain effective
procedures for producing credible findings and reports that are
objective and free of bias. The NRTL must also have procedures for
handling complaints and disputes under a fair and reasonable system.
OSHA staff performed a detailed analysis of BACL's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA determined that
BACL has demonstrated these capabilities through the following.
BACL has detailed procedures describing the content of the
test reports, and other detailed procedures
describing the preparation and approval of these reports.
BACL has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
OSHA's on-site assessment of BACL's facility confirmed the credible
reports and complaint handling described in its application packet.
OSHA's review of the application file and pertinent documentation,
as well as the results of the on-site assessment, indicate that BACL
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a Nationally Recognized Testing Laboratory for its site located in
Sunnyvale, California. The OSHA staff, therefore, preliminarily
recommended that the Assistant Secretary approve the application. This
preliminary finding does not constitute an interim or temporary
approval of BACL's application.
OSHA welcomes public comment as to whether BACL meets the
requirements of 29 CFR 1910.7 for recognition as an NRTL. Comments
should consist of pertinent written documents and exhibits. Commenters
needing more time to comment must submit a request in writing, stating
the reasons for the request. Commenters must submit the written request
for an extension by the due date for comments. OSHA will limit any
extension to 10 days unless the requester justifies a longer period.
OSHA may deny a request for an extension if it is not adequately
justified. To obtain or review copies of the exhibits identified in
this notice, as well as comments submitted to the docket, contact the
Docket Office, Room N-3653, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2016-0022.
OSHA staff will review all comments submitted to the docket in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary whether to grant
BACL's application for recognition as an NRTL. The Assistant Secretary
will make the final decision on granting the application. In making
this decision, the Assistant Secretary may undertake other proceedings
prescribed in Appendix A to 29 CFR 1910.7.
OSHA will publish a public notice of this final decision in the
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.
Signed at Washington, DC, on December 12, 2016.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-30288 Filed 12-15-16; 8:45 am]
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