Entela, Inc.; Recognition as a Nationally Recognized Testing Laboratory

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-93]

Entela, Inc.; Recognition as a Nationally Recognized Testing

Laboratory

AGENCY: Occupational Safety and Health Administration, Department of

Labor.

ACTION: Notice of Recognition as a Nationally Recognized Testing

Laboratory.

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SUMMARY: This notice announces the Agency's final decision on Entela,

Inc. for recognition as a Nationally Recognized Testing Laboratory

(NRTL) under 29 CFR 1910.7.

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 Final Decision

Notice is hereby given that Entela, Inc. (ENT) which made

application pursuant to 29 CFR 1910.7 for recognition as a Nationally

Recognized Testing Laboratory, has been recognized as a Nationally

Recognized Testing Laboratory for the equipment or material listed

below.

The address of the laboratory covered by this recognition is:

Entela, Inc., 3033 Madison SE., Grand Rapids, Michigan 49548.

Background

Entela, Inc. was originally founded in 1974 as a Michigan

Corporation specializing in structural steel inspection. In 1981,

equipment and personnel were added to initiate an in-house materials

laboratory. This was followed by a formation of certification programs

within Entela, Inc.

The original company as founded is Entel Engineering Services with

departments in structural engineering, field service inspection,

asbestos inspection, and geotechnical engineering. Rapid growth in its

laboratory division led to the formation of Entela Laboratories, which

is a testing consulting company providing services to the manufacturing

industry. The services offered at Entela Laboratories include metals

chemistry, simulated environmental testing, plastics/non-metals

testing, product testing, electrical/electronics testing, metallurgy,

mechanical engineering, third party certification programs, metrology,

and calibration. As of July 1992, Entela, Inc. employed over 75

individuals and had two facilities, located in Grand Rapids, Michigan

and Taipei, Taiwan. This recognition, however, does not extend to the

Taiwan facility.

Entela, Inc's. initial application, dated July 31, 1992 (Ex. 2A)

was amended by letter dated February 9, 1993 (Ex. 2D) to apply for

recognition for an additional standard. The application was then

amended three additional times by letters dated February 11, 1993 (Ex.

2E), May 19, 1993 (Ex. 2G), and November 30, 1993 (Ex. 2I), to its

present form. The final on-site review report (Ex. 3A), consisting of

an on-site evaluation of ENT's Grand Rapids testing facilities and

administrative and technical practices, conducted from February 8

through 11, 1993 [Ex. 3A(1)] and the corrective action taken by Entela,

Inc. [Ex. 3A(2)], and the OSHA staff recommendation, were subsequently

forwarded to the Assistant Secretary for a preliminary finding on the

application. A notice of ENT's application together with a positive

preliminary finding was published in the Federal Register on March 3,

1994 (59 FR 10180-10185). Interested parties were invited to submit

comments.

There were 36 responses to the Federal Register notice of the ENT

application and preliminary finding (Docket No. NRTL-2-93), all of

which agreed with OSHA's preliminary determination.

The Occupational Safety and Health Administration has evaluated the

entire record in relation to the regulations set out in 29 CFR 1910.7

and makes the following findings:

Capability

Section 1910.7(b)(1) states that for each specified item of

equipment or material to be listed, labeled or accepted, the laboratory

must have the capability (including proper testing equipment and

facilities, trained staff, written testing procedures, and calibration

and quality control programs) to perform appropriate testing.

The on-site review report indicates that ENT does have testing

equipment and facilities appropriate for the areas of recognition it

seeks. The laboratory has available all the general test equipment

required to perform the testing required by the standards. If any

unique pieces of additional equipment are necessary, ENT will obtain

them as required through an ENT approved source.

ENT's laboratory has adequate floor space for testing and

evaluation and an adequate number of technical and professional

personnel to accomplish the services required for the present workload

in the areas of recognition it seeks. Environmental conditions in the

laboratory are adequately controlled for the type of testing performed

in the laboratory.

OSHA has determined that Entela, Inc. has appropriate written test

procedures, and calibration and quality control programs to enable it

to adequately perform appropriate testing.

Creditable Reports/Complaint Handling

Section 1910.7(b)(4) provides that an OSHA recognized NRTL must

maintain effective procedures for producing creditable findings and

reports that are objective and without bias. Entela, Inc. meets these

criteria.

ENT's application as well as the on-site review report indicate

that ENT does maintain effective procedures for producing creditable

findings and reports that are objective. The laboratory maintains a

system for identifying product samples submitted for testing to ensure

that there is no confusion regarding the identity of the samples or the

results of the measurement.

The specific ongoing programs the laboratory is involved with that

identify the records required to be maintained for an investigation

were followed. These programs use ANSI/UL Standards, ASTM test

procedures, the Quality Control Manual (Ex. 2J), Third Party

Certification Program (TPCP) Manual, (Ex. 2H), Client Test Procedures,

and Departmental Operational Procedures. These procedures contain

construction or testing parameters to be met by the product being

evaluated and, as required, the chronological order of evaluation.

Where appropriate, the test engineer provides a narrative report along

with the test data to document compliance of a product with the

standard. Standardized tests that are frequently run have a standard

test data sheet available that contains the necessary information for

the laboratory technician.

Sample test and evaluation procedures and reports for the NRTL

Program activities were reviewed. These sample reports include

narrative descriptions. The test procedure format and scope are

identified in the Third Party Certification Program Manual, and

describe the content and scope for the Standard Operational Procedure

for the program. The laboratory has developed a generalized processing

procedure for the product classes of electrical appliances and lighting

products in final form, and in draft form for flammability testing.

Permanent records are compiled to document all technical and

quality related activities of the Certification and Testing Division.

The system for controlling all technical and quality records is

described in the Quality Assurance Manual.

The certification reports contain the following: Name and location

of submitter and factory; title, number, and date of standard used for

evaluation; file number, report date, edition number and revision date;

description of product including drawings, specifications, and

photographs; conditions of product use; construction and testing

narratives which describe how the product(s) comply with the standard;

tests and results of tests; deviations and technical rationale for

acceptance. The Quality Assurance Manual and the Third Party

Certification Program Manual identify the minimum information and

reporting format required for an investigation. Most reports followed

the required format, and ENT is taking appropriate action to assure

that all reports will do so in the future. Entela has documented

specific procedures for the recording of any deviations and the

associated technical rationale, or for the modification of testing

protocol.

The present policy is to utilize a technical committee and

standards experts to determine the appropriate standard in evaluating a

product. Standard interpretations are developed by consensus of the

technical committee. The Project Manager distributes technical advisory

letters describing standards policy on interpretation or deviation

decisions to all parties affected. The laboratory personnel are members

of various organizations which develop standards applicable to their

on-going programs in the automotive flammability, metallurgical,

quality, electrical and chemical testing areas.

In addition, the laboratory, in order to be recognized, must also

maintain effective procedures for handling complaints under a fair and

reasonable system.

A technical committee and standards experts determine the

appropriate standard or standards to be utilized in evaluating the

product. Disagreements between the applicant and the laboratory

regarding standards applicability are resolved using the Entela Inc.,

Third Party Certification Committee, technical experts, and input from

the standards-writing organization. The decision of the laboratory

regarding which standard is applicable is final.

The TPCP Manual addresses the interpretation of these standards and

the appeals procedure available to a client, when there is a

disagreement with that interpretation. The TPCP Committee interprets

the section of the standard, which are also available for distribution

to interested parties. The mechanism for dealing with consumer

inquiries and complaints is also adequately addressed in the TPCP

Manual.

Type of Testing

The standard contemplates that testing done by NRTLs fall into one

of two categories: Testing to determine conformance with appropriate

test standards, or experimental testing where there might not be one

specific test standard covering the new product or material. ENT has

applied for recognition in the first category.

Follow-Up Procedures

Section 1910.7(b)(2) requires that the NRTL provide certain follow-

up procedures, to the extent necessary, for the particular equipment or

material to be listed, labeled, or accepted. These include

implementation of control procedures for identifying the listed or

labeled equipment or materials, inspecting the production run at

factories to assure conformance with test standards, and conducting

field inspections to monitor and assure the proper use of the label.

Entela presently performs follow-up inspections at various

facilities for programs outside of the NRTL program, which have

demonstrated its capability in this area. Written procedures are in

place for the various programs. For example, the TPCP Manual, which is

presently used in the Government Services Administration (GSA)

Furniture Certification Program, identifies the various steps, policies

and procedures that will be used in the NRTL Program. A separate manual

is presently used in Entela's Certified Automotive Parts Association

(CAPA) Program. The Nuclear Program is covered under the Quality

Manual.

The Entela, Inc. follow-up inspection procedure for the NRTL

program requires quarterly inspections on an unannounced basis at the

manufacturing facility.

This program is designed to assure that:

1. The Entela, Inc. mark is applied only to certified products;

2. That the terms of the agreement with the manufacturer are adhered to

when the Entela Inc. mark is used;

3. Defects noted during previous inspections have been corrected;

4. Document control procedures and support staff training should

provide the assurance that all facility assessment records are on file.

NRTL factory inspections will be performed at the rate of at least

four inspections per factory per year. The frequency varies with

product volumes, types of products, and the manufacturer's prior

record.

When products fail to meet the requirements, the Quality Services

Division takes action to either have the manufacturer correct the

defect immediately, quarantine stock until the product can be reworked

or reevaluated by the Entela testing engineer, or remove the Entela,

Inc. mark from the product.

Entela, Inc. has a standard follow-up inspection form that will be

used to document the findings at the manufacturing site. The inspector

or inspecting engineer will use this form along with the follow-up

inspection file for that manufacturing site and product to evaluate the

product.

Engela, Inc. has a pre-qualification checklist for the evaluation

of a manufacturing facility that will be used prior to the factory

labeling of any products in the NRTL Program, as well as the Follow-Up

Service Inspection Report. The TPCP Manual identifies the procedures

required for the selection of product samples to test.

Entela, Inc.'s Quality Services Division will monitor products in

the field, when prompted by either factor anomalies or complaints, and

investigate field complaints. Entela, Inc reserves the right to utilize

safety related public notification and mandatory recall procedures. All

consumer complaints are forwarded to the Quality Services Director,

Vice President, or President, as appropriate.

Independence

Section 1910.7(b)(3) requires that an NRTL be completely

independent of employers subject to the tested equipment requirements

and of any manufacturer or vendor of equipment or materials being

tested. The applicant stated in its application that it is in complete

compliance with this requirement.

OSHA believes, based upon an examination of the application with

particular reference to Exhibits 2B and 2J, that Entela, Inc. is

independent within the meaning of section 1910.7(b)(3).

Test Standards

Section 1910.7 requires that an NRTL use ``appropriate test

standards'', which are defined, in part, to include any standard that

is currently designated as an American National Standards Institute

(ANSI) safety designated product standard or an American Society for

Testing and Materials (ASTM) test standard used for evaluation of

products or materials. As to the non-ANSI, UL test standards for which

ENT has applied to test products, to, OSHA previously had examined the

status of the Underwriters Laboratories Inc. (UL) Standards for Safety

and, in particular, the method of their development, revision and

implementation, and had determined that they are appropriate test

standards under the criteria described in 29 CFR 1910.7(c) (1), (2),

and (3). That is, these standards specify the safety requirements for

specific equipment or classes of equipment and are recognized in the

United States as safety standards providing adequate levels of safety;

they are compatible and remain current with periodic revisions of

applicable national codes and installation standards; and they are

developed by a standards developing organization under a method

providing for input and consideration of views of industry groups,

experts, users, consumers, governmental authorities, and others having

broad experience in the safety fields involved.

Final Decision and Order

Based upon a preponderance of the evidence resulting from an

examination of the complete application, the supporting documentation,

and the OSHA staff finding including the on-site report, OSHA finds

that Entela, Inc. has met the requirements of 29 CFR 1910.7 to be

recognized by OSHA as a Nationally Recognized Testing Laboratory to

test and certify certain equipment or materials.

Pursuant to the authority in 29 CFR 1910.7, Entela, Inc. is hereby

recognized as a Nationally Recognized Testing Laboratory subject to the

conditions listed below. This recognition is limited to equipment or

materials which, under 29 CFR Part 1910, require testing, listing,

labeling, approval, acceptance, or certification, by a Nationally

Recognized Testing Laboratory. This recognition is limited to the use

of the following test standards for the testing and certification of

equipment or materials included within the scope of these standards.

ENT has stated that all the standards in these categories are used

to test equipment or materials which may be used in environments under

OSHA's jurisdiction. These standards are all considered appropriate

test standards under 29 CFR 1910.7(c):

ANSI/UL 45--Portable Electric Tools

ANSI/UL 48--Electric Signs

ANSI/UL 50--Electric Cabinets and Boxes

ANSI/UL 67--Electric Panelboards

ANSI/UL 73--Electric-Motor-Operated Appliances

ANSI/UL 82--Electric Gardening Appliances

ANSI/UL 94*--Tests for Flammability of Plastic Materials for Parts

in Devices and Appliances

ANSI/UL 98--Enclosed and Dead-Front Switches

UL 141--Garment Finishing Appliances

ANSI/UL 153--Portable Electric Lamps

ANSI/UL 174--Household Electric Storage-Tank Water Heaters

ANSI/UL 197--Commercial Electric Cooking Appliances

UL 213--Rubber Gasketed Fittings for Fire Protection Service

ANSI/UL 250--Household Refrigerators and Freezers

ANSI/UL 298--Portable Electric Hand Lamps

ANSI/UL 325--Door, Drapery, Louver, and Window Operators and Systems

ANSI/UL 469--Musical Instruments and Accessories

ANSI/UL 471--Commercial Refrigerators and Freezers

ANSI/UL 482--Portable Sun/Heat Lamps

ANSI/UL 484--Room Air Conditioners

ANSI/UL 496--Edison-Base Lampholders

ANSI/UL 506--Specialty Transformers

ANSI/UL 507--Electric Fans

ANSI/UL 508**--Electric Industrial Control Equipment

ANSI/UL 541--Refrigerated Vending Machines

ANSI/UL 542--Lampholders, Starters, and Starter Holders for

Fluorescent Lamps

UL 544--Electric Medical and Dental Equipment

ANSI/UL 559--Heat Pumps

ANSI/UL 560--Electric Home-Laundry Equipment

ANSI/UL 609--Local Burglar-Alarm Units and Systems

ANSI/UL 751--Vending Machines

ANSI/UL 756--Coin and Currency Changers and Actuators

ANSI/UL 778--Motor-Operated Water Pumps

ANSI/UL 796--Printed-Wiring Boards

ANSI/UL 813--Commercial Audio Equipment

ANSI/UL 817--Cord Sets & Power-Supply Cords

ANSI/UL 863--Electric Time-Indicating and Recording Appliance

ANSI/UL 869--Electrical Service Equipment

ANSI/UL 869A--Reference Standard for Service Equipment

ANSI/UL 873--Electrical Temperature-Indicating and Regulating

Equipment

ANSI/UL 883--Fan-Coil Units and Room-Fan Heater Units

ANSI/UL 923--Microwave Cooking Appliances

ANSI/UL 935--Fluorescent-Lamp Ballasts

ANSI/UL 961--Hobby and Sports Equipment

ANSI/UL 984--Hermetic Refrigerant Motor-Compressors

ANSI/UL 998--Humidifiers

ANSI/UL 1004***--Electric Motors

ANSI/UL 1005--Electric Flatirons

ANSI/UL 1008--Automatic Transfer Switches

ANSI/UL 1012--Power Supplies

ANSI/UL 1026--Electric Household Cooking and Food-Serving Equipment

ANSI/UL 1029--High-Intensity Discharge Lamp Ballasts

ANSI/UL 1042--Electric Baseboard Heating Equipment

ANSI/UL 1082--Household Electric Coffee Makers and Brewing-Type

Appliances

ANSI/UL 1096--Electric Central Air-Heating Equipment

ANSI/UL 1230--Amateur Movie Lights

UL 1244--Electrical and Electronic Measuring and Testing Equipment

ANSI/UL 1261--Electric Water Heaters for Pools and Tubs

ANSI/UL 1270--Radio Receivers, Audio Systems, and Accessories

ANSI/UL 1286--Office Furnishings

ANSI/UL 1410--Television Receivers and High-Voltage Video Products

ANSI/UL 1433--Control Centers for Changing Message Type Electric

Signs

ANSI/UL 1438--Household Electric Drip-Type Coffee Makers

ANSI/UL 1445--Electric Water Bed Heaters

ANSI/UL 1459--Telephone Equipment

ANSI/UL 1570--Fluorescent Lighting Fixtures

ANSI/UL 1571--Incandlescent Lighting Fixtures

ANSI/UL 1572--High Intensity Discharge Lighting Fixtures

ANSI/UL 1647--Motor-Operated Massage and Exercise Machines

ANSI/UL 1950--Information Technology Equipment Including Electrical

Business Equipment

Notes:

*--Exclusive of radiant panel testing.

**--Limited to equipment of no greater than 500 amperes.

***--Limited to motors rated no greater than one-half horsepower.

Entela, Inc. must also abide by the following conditions of its

recognition, in addition to those already required by 29 CFR 1910.7:

This recognition applies only to work done at the Grand Rapids

facility;

This recognition does not apply to any aspect of any program which

is available only to qualified manufacturers and is based upon the

NRTL's evaluation and accreditation of the manufacturer's quality

assurance program;

The Occupational Safety and Health Administration shall be allowed

access to ENT's facilities and records for purposes of ascertaining

continuing compliance with the terms of its recognition and to

investigate as OSHA deems necessary;

If ENT has reason to doubt the efficacy of any test standard it is

using under this program, it shall promptly inform the organization

that developed the test standard of this fact and provide that

organization with appropriate relevant information upon which its

concerns are based;

ENT shall not engage in or permit others to engage in any

misrepresentation of the scope or conditions of its recognition. As

part of this condition, ENT agrees that it will allow no representation

that it is either a recognized or an accredited Nationally Recognized

Testing Laboratory (NRTL) without clearly indicating the specific

equipment or material to which this recognition is tied, or that its

recognition is limited to certain products;

ENT shall inform OSHA as soon as possible, in writing, of any

change of ownership, facilities, or key personnel, including details;

ENT will continue to meet the requirements for recognition in all

areas where it has been recognized; and

ENT will always cooperate with OSHA to assure compliance with the

letter as well as the spirit of its recognition and 29 CFR 1910.7.

Effective Date: This recognition will become effective on July 26,

1994 and will be valid for a period of five years from that date, until

July 26, 1999, unless terminated prior to that date, in accordance with

29 CFR 1910.7.

Signed at Washington DC this 19th day of July 1994.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 94-18107 Filed 7-25-94; 8:45 am]

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