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 http://www.osha.gov.

April 6, 1988

MEMORANDUM FOR: ALL REGIONAL ADMINISTRATORS
 
THROUGH: LEO CAREY, DIRECTOR
  OFFICE OF FIELD PROGRAMS
 
FROM: THOMAS J. SHEPICH, DIRECTOR
  DIRECTORATE OF COMPLIANCE PROGRAMS
 
SUBJECT: National Recognized Testing Laboratory Standard,
  29 CFR 1910.7

By the first of next week, 29 CFR 1910.7 will be issued which provides a mandatory procedure for a testing organization to be recognized as a "nationally recognized testing laboratory" (NRTL) by the Agency. This standard will become effective 60 days following publication in the Federal Register. It will delete from twenty-three (23) general industry standards (29 CFR 1910) all references to Underwriters Laboratories Inc. (UL), and Factory Mutual Research Corporation (FMRC). The rule substitutes NRTL for either UL or FMRC or both. Each of the twenty-three standards, in which deletions occur, is described. UL and FMRC will continue to be recognized as NRTLs and will continue to be for an interim period of five (5) years. By promulgating this standard, the Agency is providing an opportunity for additional testing laboratories to become NRTLs. The procedure is delineated in the new standard, 29 CFR 1910.7 and its Appendix A . Accreditation of Testing Laboratories, 29 CFR 1907, is deleted in its entirety. It had not been implemented to date.

Compliance staff should recognize that each of the 23 standards will continue to require testing by a recognized laboratory both now and when the new standard is in force. Only the incorporation of the names UL and FMRC have been removed. UL and FMRC are and eventually other laboratories will be identified by the Agency as NRTLs.

If there are any questions regarding compliance, please call Joe Bode, in the Office of General Industry Compliance Assistance at FTS 523-8031. Questions from laboratories pertaining to recognition under the standard as NRTLs should be directed to the Directorate of Technical Support at (202) 523-7193, Attn: James Concannon.

Please provide a copy of this memorandum to each State Designee and to the consultation staff.