[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18086-18087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08598]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0083]
Applied Research Laboratories of South Florida, LLC: Grant of
Recognition as a Nationally Recognized Testing Laboratory
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces its final decision to grant
recognition to Applied Research Laboratories of South Florida, LLC, as
a Nationally Recognized Testing Laboratory (NRTL).
DATES: Recognition as a NRTL becomes effective on April 25, 2018.
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, telephone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
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, telephone: (202) 693-2110; email:
robinson.kevin@dol.gov. OSHA's web page includes information about the
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
SUPPLEMENTARY INFORMATION:
I. Background
Many of OSHA's workplace standards require that a 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, the 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. Recognition of a 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 Final Decision
OSHA hereby gives notice of the Agency's decision to grant
recognition to Applied Research Laboratories of South Florida, LLC
(ARL), as a NRTL. According to its public information (see http://www.arl-test.com), ARL states that it is an internationally accredited
testing laboratory. In its application, ARL lists the current address
of its headquarters as: Applied Research Laboratories of South Florida,
LLC, 5371 SW 161 Street, Miami, Florida 33014.
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 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; 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 testing and certification.
ARL applied on March 5, 2014, for initial recognition as a NRTL. In its
initial application, ARL requested recognition for two test standards,
one site, and two supplemental programs (OSHA-2007-0083-0050). This
application was amended on December 1, 2014, to add one additional test
standard (OSHA-2007-0083-0051).\1\
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\1\ ARL requested recognition for UL 1995, UL 1996, and UL 96.
OSHA denies ARL's UL 96 application. OSHA is, on the date of
publication of the current notice in the Federal Register, also
issuing a Federal Register Notice removing UL 96 from OSHA's List of
Appropriate Test Standards because UL 96 is not an appropriate test
standard. That notice can be accessed via www.regulations.gov under
Docket ID OSHA-2013-0012.
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OSHA published the preliminary notice announcing ARL's application
for recognition in the Federal Register on February 23, 2018 (83 FR
8113). The Agency requested comments by March 26, 2018, but it received
no comments in response to this notice. OSHA now is proceeding with
this final notice to grant recognition to ARL as a NRTL.
To obtain or review copies of all public documents pertaining to
ARL's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW, Room N-2625, Washington, DC
20210. Docket No. OSHA-2007-0083 contains all materials in the record
concerning ARL's recognition.
III. Final Decision and Order
OSHA staff performed a detailed analysis of ARL's application
packet and reviewed other pertinent information. OSHA staff also
performed three comprehensive on-site assessments of ARL's testing
facilities on February 25-26, 2015, March 30, 2016, and November 28-29,
2017. Based on a review of this evidence, OSHA finds that ARL meets the
requirements of 29 CFR 1910.7 for recognition as a NRTL, subject to the
specified limitation and conditions outlined in this notice. OSHA,
therefore, is proceeding with this final notice to grant recognition to
ARL as a NRTL. The following sections set forth the scope of
recognition included in ARL's grant of recognition.
A. Standards Requested for Recognition
OSHA limits ARL's scope of recognition to testing and certification
of products for demonstration of conformance to the test standards
listed in Table 1.
Table 1--List of Appropriate Test Standards for Inclusion in ARL's NRTL
Scope of Recognition
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Test standard Test standard title
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UL 1995................................ Heating and Cooling Equipment.
UL 1996................................ Standard for Electric Duct
Heaters.
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OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. 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.
B. Sites Requested for Recognition
OSHA limits ARL's scope of recognition to include the site at:
Applied Research Laboratories of South Florida, LLC, 5371 NW 161
Street, Miami, Florida 33014.
OSHA's recognition of this site limits ARL to performing product
testing and certifications only to the test standards for which the
site has the proper capability and programs, and for test standards in
ARL's scope of recognition. This limitation is consistent with the
recognition that OSHA grants to other NRTLs that operate multiple
sites.
C. Supplemental Programs
OSHA limits ARL's scope of recognition to include the following
supplemental programs:
Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents (for calibration services only).
D. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
ARL must abide by the following conditions of the recognition:
1. ARL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
2. In response to a proposed corrective action to the February 2015
on-site assessment, OSHA Proposed and ARL agrees to increased OSHA
oversight of its operations including
More frequent on-site assessments of ARL facilities;
ARL providing OSHA with periodic reports listing the
products that have been certified under the NRTL Program; and
3. Confirmation from ARL that products with ARL Listings (non-NRTL)
will undergo re-evaluation and re-testing and/or a thorough documented
review of previously gathered evaluation and testing results prior to
NRTL certification.
4. ARL must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
5. ARL must continue to meet the requirements for recognition,
including all previously published conditions on ARL's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants
recognition to ARL as a NRTL, subject to these limitations and
conditions specified above.
IV. Authority and Signature
Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, 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 April 19, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-08598 Filed 4-24-18; 8:45 am]
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