- Standard Number:
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.
December 14, 1994
Mr. Mat A. Ros Risk Manager Delta International Machinery Corp. 246 Alpha Drive Pittsburgh, PA 15238-2985
Dear Mr. Ros:
This is in response to your November 1 letter, requesting clarification on the certification of manufactured products intended for use in the workplace. Also, you requested information on the OSHA Training Institute. Please accept our apology for the delay in responding.
Some installations or equipment must be "approved" as required by specific Occupational Safety and Health Administration standards which are applicable to the workplace. Approved means "acceptable" to the Assistant Secretary of Labor, and approved with in the meaning of the specific standard, if it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a Nationally Recognized Testing Laboratory (NRTL) or as otherwise provided in the standard. (The definition and requirements for a NRTL are contained in 29 CFR 1910.7) For example, other provisions are delineated in the definition of "acceptable" at 29 CFR 1910.399 in Subpart S - Electrical of OSHA's General Industry Standard. Please note that Section 1910.303(a) requires that electrical conductors and equipment must be approved as discussed above. Underwriters Laboratories, Inc. and Canadian Standards Association are NRTL's which certify electrical power tools. Manufacturer brochures, such as those enclosed in your letter, which include information that the electrical power tools are certified as required by the OSHA standard are viewed as promoting safety.
Please note that NRTL's also certifies installations and equipment as meeting OSHA standards in which there are no specific approval requirements. For example, NRTL's may certify that power tools meet not only OSHA's electrical standards but also other applicable, including mechanical (and guarding) requirements which do not specifically require "acceptance" as discussed above. Also, OSHA acknowledges that many manufacturers (to promote marketing) self-certify their products as meeting OSHA standards. In general, OSHA views these aforementioned certifying practices by NRTL's and manufacturers as promoting safety and health in the workplace. When OSHA discerns that certified installations and equipment do not meet OSHA standards, certifiers are contacted by OSHA to stop such misrepresentations until changes are made such that they meet applicable OSHA standards.
OSHA has no objection to an OSHA reference being used to promote the marketing of a product when factually correct. Such practices are encouraged by OSHA when they promote safety and health in the workplace. In this context, please be advised that table saws used at the OSHA Training Institute meet applicable OSHA standards including guarding requirements.
As requested in your letter, the following information is provided on the OSHA Training Institute which you otherwise referred to in your letter as OSHA's "National Safety Training Center." The OSHA Training Institute does not offer "courses or programs related particularly to the woodworking/cabinet making/furniture building industry." Enclosed for your use is a copy of OSHA Notice TED 1 dated October 1, 1994 which includes the Fiscal Year 1995 (October 1994 through September 1995) OSHA Training Institute Schedule of Courses and Registration Requirements. This schedule includes courses which are available to the private sector. Visits and tours of the OSHA Training Institute may be arranged by communicating directly with:
Mr. Zigmas Sadauskas Director OSHA Training Institute U.S. Department of Labor 1555 Time Drive Des Plaines, Illinois 60018 Telephone: (708) 297-4810 FAX: (708) 297-4874
We appreciate your interest in employee safety and health. If we can be of further assistance, please contact Mr. Ronald Davies of my staff, telephone 202-219-8031, extension 110.
John B. Miles, Jr., Director Directorate of Compliance Programs