Wyle Laboratories; Application

DEPARTMENT OF LABOR

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.

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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 Sec. 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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