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.
June 1, 1992
Mr. Mathew A. Ros
Delta International Machinery Corporation
246 Alpha Drive
Pittsburgh, Pennsylvania 15238-2985
Dear Mr. Ros:
This is in response to your letters addressed to James Dillard, of my staff, both dated March 4. Your first letter requests confirmation that Electrical Testing Laboratories is a recognized testing laboratory; and your second letter deals with whether or not the Occupational Safety and Health Administration (OSHA) offers a product certification program for machinery.
As you will note from the attached list of Nationally Recognized Testing Laboratories (NRTL's), Electrical Testing Laboratories is indeed listed to certify certain products or categories of products. For your information and use, I am enclosing a copy of 1910.7, Definition and Requirements for a Nationally Recognized Testing Laboratory including Appendix A, OSHA Recognition Process for Nationally Recognized Testing Laboratories.
In regard to product certification, OSHA does not test, approve, certify, or endorse any equipment or product, including machinery. We note from your letter and enclosure that the DeWalt compound miter saw apparently has the Underwriters Laboratories (UL) label, which indicates approval by UL, thereby making it acceptable to OSHA with respect to electrical design and fabrication.
The Occupational Safety and Health Act contains no provisions allowing approval or endorsement of equipment or products. Alterations or misapplication of an otherwise safe piece of equipment could easily create a hazardous condition beyond the manufacturer's control. For this reason, the compliance of a machine or process with OSHA's standards can only be determined by the safety and health professionals observing it actually in us under specific conditions.
Thank you for your interest in occupational safety and health. If we can be of further assistance, please do not hesitate to contact us.
Raymond E. Donnelly, Director
Office of General Industry