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• Publication Date: 01/06/1994
• Publication Type: Notice
• Fed Register #: 59:783-785
• Standard Number: 1910.7
• Title: Notice of application for recognition as a Nationally Recognized Testing Laboratory, and preliminary finding.

Occupational Safety and Health Administration

[Docket No. NRTL-1-93]

Wyle Laboratories; Application

AGENCY: Occupational Safety and Health Administration, Department of Labor.

ACTION: Notice of application for recognition as a Nationally Recognized Testing Laboratory, and preliminary finding.

SUMMARY: This notice announces the application of Wyle Laboratories for recognition as a Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7, and presents the Agency's preliminary finding.

DATES: The last date for interested parties to submit comments is March 7, 1994.

ADDRESSES: Send comments to: NRTL Recognition Program, Office of Variance Determination, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue, NW., Room N3653, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue, NW., Room N3653, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Notice of Application

Notice is hereby given that Wyle Laboratories (WL) has made application pursuant to section 6(b) of the Occupational Safety and Health Act of 1970, (84 Stat. 1593, 29 U.S.C. 655), Secretary of Labor's Order No. 1-90(55 FR 9033), and 29 CFR 1910.7 for recognition as a Nationally Recognized Testing Laboratory.

The address of the laboratory covered by this application is:

Wyle Laboratories, 7800 Governors Drive, P.O. Box 077777, Huntsville, Alabama 35807.

Regarding the merits of the application, the applicant contends that it meets the requirements of 29 CFR 1910.7 for recognition to certify products in the areas of testing which it has specified.

Wyle Laboratories states that its application demonstrates that for each specified item of equipment or material to be certified, it has the capability (including proper testing equipment and facilities, trained staff, written testing procedures, quality control and calibration programs) to perform testing and examination of equipment and materials for workplace safety purposes to determine conformance with appropriate product test standards. In summary, it claims that it has the experience, expertise, personnel, organization, equipment, and facilities suitable for accreditation as an OSHA Nationally Recognized Testing Laboratory.

The Calibration Laboratory maintains, repairs, and calibrates more than 7400 pieces of test equipment. Test equipment is available in the laboratory to perform the testing specified in the standard. If equipment is not available, it may be purchased, rented, or leased only under specified, stringent conditions.

The applicant states that it has pertinent testing and certification experience. The Huntsville facility has been conducting testing related to product safety for over 30 years. Since the commercial product safety market has only recently become available, WL's experience has been in other markets including telecommunications. The applicant states the WL has tested equipment to standards which compare with UL standards for which they are requesting accreditation to test and certify as an NRTL. In addition, Wyle has had experience in the certification of- products (although not necessarily related to those required by OSHA), having been a certified Department of Transportation (DOT) Third Party Testing Laboratory since July, 1985. (See Exhibit 2.A.(1), Section 6).

WL's Huntsville facility employs some 350 people and has about 320,000 square feet of engineering and test facilities situated on 126 acres. The floor space of the Product Safety Testing and Certification Laboratory including the storage and office area, is 2,700 square feet. Some twenty key personnel are presently assigned to this Division including Calibration Laboratory and Quality staff. Product safety testing has been allocated 1,500 square feet of floor space. If additional floor space is necessary for product testing, WL can expand into the 320,000 square feet that is available at this facility. (See Exhibits 3.A.(1) and 2.A.(2), Appendices II and III, and IV).

WL has written testing procedures and has supplied examples of typical procedures for five of the test standards for which it has applied for NRTL recognition. (See Exhibit 2.A.(2), Appendix VI).

Wyle Laboratories states that all instrumentation, measuring, and test equipment used in the performance of the testing programs are calibrated in accordance with Wyle Laboratories' Quality Assurance Program. Standards used in performing all calibrations are traceable to the National Institute of Standards and Technology (NIST) by report number and date. Where no national standards exist, the standards are traceable to international standards or the basis for calibration is otherwise documented. (See Exhibit 2.A.(1), Section 10, and Exhibit 2.A.(2), Appendix VIII, Section 12, and Appendix XII).

WL has submitted an unrestricted copy of its Quality Assurance Program Manual (Exhibit 2.A.(2), Appendix VIII) which describes the overall Quality Assurance Program used at WL's Huntsville facility. The Manual includes various control procedures.

Wyle Laboratories states that it will implement control procedures for identifying products which have been certified. It will maintain a controlled and secure file for each product tested. This file will contain the technical and business records of the test program, including the services agreement, test results, correspondence, transmittals, the Factory Inspection Reports, and the product documentation. (See Exhibit 2.A.(1), Section 7).

The applicant further states that products bearing the Wyle label will be considered evaluated, certified, and listed by Wyle. It will certify that these products are in compliance with the applicable safety standards to which they were tested. Wyle will thereafter have unannounced and unrestricted access to conduct inspections at approximately three-month intervals at manufacturing and other facilities where products certified by them may be fabricated, processed, or stored. Wyle will conduct field inspections to monitor and assure proper use of its certification label after the products are delivered to the end user. (See Exhibit 2.A(1), Sections 5 and 9, and Exhibit 2.A.(2), Appendix XI).

WL states that its Product Safety Certification activities are performed completely independent of its clients. No Wyle clients have ownership positions in Wyle or have any sort of influence on WL's activities. No WL employees are under the influence or control of manufacturers or suppliers. (See Exhibits 2.A; 2.A.(1), Section 3; and Exhibits 2.A.(2), Appendix I).

The applicant appears to maintain effective procedures for producing creditable findings or reports that are objective and without bias. (See Exhibit 2.A.(2), Appendices IV and VIII).

Wyle asserts that its Appeals Procedure (see Exhibit 2.A.(2), Appendix X) includes a system which provides an unbiased review of any controversial matter. The Appeals Procedure is available for any interested party, including users.

All other pertinent aspects of Wyle Laboratories' program are detailed in Exhibited 2.A and 3.A.

Background

The applicant states that Wyle Laboratories was founded in 1949 in El Segundo, California, as an independent test laboratory to support the nation's fledgling aerospace industry. As manned spaceflight became a national priority and support of spaceflight development was required, Wyle expanded to a new location in Norco, California, which was dedicated in 1959. To complement the propellent and vibration testing capabilities of the California locations, Wyle states that it created the Huntsville facility in 1962 to support the National Aeronautics and Space Administration (NASA) and the establishment of the George C. Marshall Space Flight Center (MSFC) in Huntsville, Alabama, with testing, engineering, and research capabilities. Of the three major operations at the Huntsville facility, the one of interest to the NRTL Accreditation program is the Test Operations Division, which includes the Product Safety Department. The Product Safety Testing and Certification Division of the Test Operations Division is responsible for the testing, certification, and factory follow-up inspections of the products.

The applicant states that over its 42 year history, Wyle Laboratories-Scientific & Systems (3S) Group has expended and diversified into various business disciplines. At the same time, the applicant states that the Company has continuously maintained its independent laboratory status as a major provider of conformity assessment services to North America's most quality-conscious industries. Wyle's focus continues to be on the science of evaluation, test and measurement engineering, as well as the business of regulatory compliance.

Wyle Laboratories desires recognition for testing and certification of products when tested for compliance with the following test standards: ANSI/UL 153-Portable Electric Lamps ANSI/UL 187-X-Ray Equipment ANSI/UL 465-Central Cooling Air Conditioners ANSI/UL 484-Room Air Conditioners ANSI/UL 489-Molded-Case Circuit Breakers and Circuit-Breaker Enclosures ANSI/UL 499-Electric Heating Appliances ANSI/UL 506-Specialty Transformers ANSI/UL 508-Electric Industrial Control Equipment UL 544-Electric Medical and Dental Equipment ANSI/UL 1012-Power Supplies ANSI/UL 1025-Electric Air Heaters ANSI/UL 1069-Hospital Signaling and Nursing Call Equipment ANSI/UL 1087-Molded-Case Switches ANSI/UL 1236-Electric Battery Chargers UL 1244-Electrical and Electronic Measuring and Testing Equipment ANSI/UL 1262-Laboratory Equipment ANSI/UL 1310-Direct Plug-In Transformer Units ANSI/UL 1411-Transformers and Motor Transformer for Use in Audio-, Radio-, and Television-Type Appliances ANSI/UL 1459-Telephone Equipment ANSI/UL 1570-Fluorescent Lighting Fixtures ANSI/UL 1571-Incandescent Lighting Fixtures ANSI/UL 1585-Class 2 and Class 3 Transformers ANSI/UL 1778-Uninterruptible Power Supply UL 1863-Communication Circuit Accessories ANSI/UL 1950-Information Technology Equipment Including Electrical Business Equipment

Preliminary Finding

Wyle Laboratories addressed all of the criteria which must be met for recognition as an NRTL in its initial application and in its further correspondence. For example, the applicant submitted a list of its test equipment and instrumentation; a roster of its personnel including resumes of those in key positions and copies of position descriptions; copies of a typical test report; a factory inspection form and an inspection summary; a summary of its listing, labeling, and follow-up services; a statement of its independence as a testing laboratory; appeals procedure; typical calibration forms; and a copy of its Quality Assurance Manual. This QA Manual includes a description of its document control; identification and control of materials, parts, and components; inspection; test control; control of measuring and test equipment; inspection, test, and operating status; quality assurance records; and audits.

Nine major areas were examined in depth during the on-site laboratory evaluation: Facility; test equipment; calibration program; test and evaluation procedures; test reports; records; quality assurance program; follow-up listing program; and personnel.

The discrepancies noted during the on-site evaluation were adequately responded to [Ex. 3.A.(2)] prior to the preparation of the final on-site evaluation [Ex. 3. A.(1)]. With the preparation of the final report, the survey team was satisfied that the testing facility appeared to meet the necessary criteria required by the standard, and so noted in the On-Site Review Report (Survey). (See Ex. 3.A.) Following a review of the application file and the on-site survey report of the WL facility, the NRTL Recognition Program staff concluded that the applicant appeared to have met the requirements for recognition as a Nationally Recognized Testing Laboratory and, therefore, recommended to the Assistant Secretary that the application be preliminarily approved.

Based upon a review of the completed application file and the recommendation of the staff, the Assistant Secretary has made a preliminary finding that Wyle Laboratories can meet the requirements for recognition as required by 29 CFR 1910.7.

All interested members of the public are invited to supply detailed reasons and evidence supporting or challenging the sufficiency of the applicant's having met the requirements for recognition as a Nationally Recognized Testing Laboratory, as well as Appendix A, of 29 CFR 1910.7. Submission of pertinent written documents and exhibits shall be made no later than March 7, 1994 and must be addressed to the NRTL Recognition Program, Office of Variance Determination, Room N 3653, Occupational Safety and Health Administration, U.S. Department of Labor, Third Street and Constitution Avenue, NW., Washington, DC 20210. Copies of the WL application, the laboratory survey report, and all submitted comments, as received, (Docket No. NRTL-1-93), are available for inspection and duplication at the Docket Office, room N 2634, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address.

The Assistant Secretary's final decision on whether the applicant satisfies the requirements for recognition as an NRTL will be made on the basis of the entire record including the public submissions and any further proceedings that the Assistant Secretary may consider appropriate in accordance with Appendix A of 1910.7.

Signed at Washington, DC this 30th day of December, 1993.

Joseph A. Dear,
Assistant Secretary.

[FR Doc. 94-237 Filed 1-5-94; 8:45 am]]


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