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Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 18, 1985

Mr. William F. Cantwell, P.E.
Eaton Corporation
Industrial Drives Operations
Kenosha Division
3122 14th Avenue
Kenosha, WI 53141

Dear Mr. Cantwell:

In response to your earlier letter (copy enclosed), please be advised that the Occupational Safety and Health Administration (OSHA) does not "list" or accredit testing laboratories under 29 CFR Part 1907. Adopted in 1973, Part 1907 remains unimplemented to date; no testing laboratories have ever been accredited under this regulation. Therefore, we can make no statement, or take any action, concerning the Canadian Standards Association (CSA) as you requested.

In the absence of the Part 1907 procedure, OSHA's requirements for third-party testing of certain equipment are being enforced on an individual workplace inspection basis. In the great majority of these workplace inspections, OSHA personnel have accepted equipment tested by Underwriters Laboratories, Inc., and Factory Mutual Research Corporation. Testing (and listing or labeling) by other third-party testing laboratories has been accepted on a case-by-case basis, if the conditions so warranted.

At the present time, OSHA is engaged in a rulemaking proceeding related to these testing and certification practices. Our current intent is to maintain our requirements that certain equipment and materials be third-party tested for safety by nationally recognized testing laboratories (NRTL). We would require in the future that these NRTL conform to a definition to be provided by OSHA rather than being accredited directly by us, as was the rationale behind Part 1907. Until this rulemaking process is completed, however, the situation remains as stated above.

I hope this information will be of assistance to you. Please feel free to contact my Deputy, Mr. William Higgins, who is the Project Officer for this rulemaking, if you have any additional questions in this regard.


Barry J. White
Director, Directorate of Safety Standards Programs