Electro-Test, Inc.

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-94]

Electro-Test, Inc.

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 the

application of Electro-Test, Inc. for recognition as a Nationally

Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

EFFECTIVE DATE: This recognition will become effective on October 6,

1995 and will be valid for a period of five years from that date, until

October 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Office of Variance Determination, NRTL Recognition Program,

Occupational Safety and Health Administration, U.S. Department of

Labor, 200 Constitution Avenue, NW., Room N3653, Washington, D.C.

20210.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

Notice is hereby given that Electro-Test, Inc. (ETI) which 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, has been recognized as

an NRTL for the equipment or material listed below.

The addresses of the laboratories covered by this application are:

Electro-Test, Inc., 5645 Gibraltar Drive, Pleasanton, California 94588

Electro-Test, Inc., 5370 E. Hunter Avenue, Anaheim, California 92807

Background

Electro-Test, Inc. is a privately held organization incorporated in

the State of California in 1971. It has two facilities in California,

one in Pleasanton which it has owned since 1992, and the other smaller

facility in Anaheim. Most of the testing at Anaheim is performed at the

site of the installation by ETI test engineers.

On June 9, 1995, the Occupational Safety and Health Administration

published a notice of application for recognition as a nationally

recognized testing laboratory of Electro-Test, Inc. in the Federal

Register (60 FR 30595), pursuant to 29 CFR 1910.7. The notice included

a preliminary finding that Electro-Test, Inc. could meet the

requirements for recognition detailed in 29 CFR 1910.7 and it invited

public comment on the application by August 8, 1995.

On July 18, 1995, the Building Codes Division, Department of

Consumer and Business Services of the State of Oregon submitted

comments favoring ETI's recognition as an NRTL based upon their past

experiences with the applicant. This was the only comment received in

response to the Federal Register notice.

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

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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 ETI has facilities,

personnel, and testing equipment which are appropriate for the area of

recognition it seeks. The ETI Pleasanton, CA corporate headquarters'

policies and procedures, operations manual, quality control manual, as

well as the procedure manual for the ANSI/UL test standard are in

effect at the Anaheim, CA facility. The laboratories have available all

of the general test equipment necessary to perform the testing

necessary for the area of recognition it seeks, with the possible

exception of very specialized tests which may require equipment or

facility leasing. Where it becomes necessary in the future, test

equipment will be purchased or constructed.

The two ETI facilities have adequate equipment calibration

procedures. The calibration laboratory manager at the Pleasanton

facility is responsible for the calibration program. At the Anaheim

facility a calibration specialist, who reports to the calibration

laboratory manager in Pleasanton, is responsible for the calibration

program. Calibration intervals are generally on a six-month basis and

are typically shorter, never longer, than manufacturers'

recommendations.

The general application and labeling processes are described in the

ETI Operations Manual. This manual, together with the data sheets and

national test standards, collectively specify the records that are to

be maintained for an investigation. ETI has additional procedures that

are applicable for specialized tests. The Manual also provides letter

and report formats as well as the appeals procedure.

While ETI has a Quality Control and Audit Manual, quality aspects

are also included in the Safety Manual, Compliance Labeling and Field

Evaluation Manual (part of the ETI Operations Manual), Calibration

Laboratory Quality Assurance and Operations Procedure Manual, and the

General Policy Manual. The department/division managers are responsible

for maintaining quality assurance, while the Vice President of

Operations has the responsibility to verify compliance with procedures.

ETI has developed a Quality Audit Plan for internal auditing. The

Quality Assurance program includes a description of the quality system,

frequency of audits, responsibilities, method of reporting audit

results, documenting deficiencies, a method of tracking corrective

action, and audit content using an audit checklist for complete

coverage.

Follow-Up and Field Inspection 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.

ETI has a written Follow-Up Inspection program which includes a

written agreement, manufacturer participation requirements,

certification, record keeping, continued conformance, and site

inspection intervals and review procedures. In addition, before use of

the ETI certification mark is permitted, ETI will inspect the

manufacturer's record system, quality system, and production testing.

Independence

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

independent of employers subject to the tested equipment requirements,

and for any manufacturers or vendors of equipment or materials being

tested for these purposes.

OSHA believes, based upon an examination of the application, that

Electro-Test, Inc. is independent of employers subject to the tested

equipment requirements and of any manufacturers or vendors of equipment

or materials being tested for these purposes, within the meaning of 29

CFR 1910.7(b)(3).

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, as well as for handling

complaints and disputes under a fair and reasonable system.

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

that ETI does maintain effective procedures for producing creditable

findings and reports that are objective.

The various manuals describe in detail the procedures for testing

and for all written reports, as well as record keeping requirements,

including retention times.

With regard to the handling of complaints or contested results, if

clients, ETI personnel, users, or others file a complaint or disagree

with a decision relating to the test standard, engineering, use, or

inspection, they can present and discuss their views with various

administrative levels of ETI personnel, up to and including the Chief

Operating Officer in an attempt to resolve any disagreement.

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 or an American Society for Testing and

Materials (ASTM) test standard used for evaluation of products or

materials. The standard for which ETI applied is an American National

Standards Institute (ANSI) safety designated product standard.

Programs and Procedures

ETI administers two operational programs and procedures which have

been examined and found to be acceptable to OSHA on the basis of the

procedures and specific criteria as detailed in 60 FR 12980, March 9,

1995, pertaining to the types and programs and procedures that NRTLs

may engage in under the OSHA/NRTL program.

Basic Program--This program is one in which ETI performs all of the

necessary product testing and evaluation in-house prior to issuing a

certification.

Witnessed Test Data Program--This program is utilized when

characteristics such as the size, complexity, or uniqueness of a

product require testing at the manufacturer's facility. The tests are

in accordance with the appropriate recognized standard and are

witnessed by an ETI compliance engineer. Specific minimum conditions

will be followed to assure equivalency with tests conducted by ETI

personnel, and the results will be recorded.

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 Electro-Test, 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, Electro-Test, Inc. is

recognized as a Nationally Recognized Testing

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Laboratory subject to the limitations and conditions listed below:

Limitations

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 standard for the testing and certification of equipment or

materials included within the scope of this standard:

ETI has stated that the standard is utilized to test

equipment or materials which may be used in environments under OSHA's

jurisdiction. This standard is considered appropriate under 29 CFR

1910.07(c): ANSI/UL 508--Industrial Control Equipment.

Conditions

Electro-Test, Inc. shall also abide by the following conditions of

its recognition, in addition to those already required by 29 CFR

1910.7:

The Occupational Safety and Health Administration shall be

allowed access to ETI's facilities and records for purposes of

ascertaining continuing compliance with the terms of its recognition

and to investigate as OSHA deems necessary;

If ETI 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;

ETI 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, ETI agrees that it will allow no representation

that it is either a recognized or 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;

ETI shall inform OSHA as soon as possible, in writing, of

any change of ownership, facilities, or key personnel, including

details;

ETI shall continue to meet the requirements for

recognition in all areas where it has been recognized; and

ETI shall always cooperate with OSHA to assure compliance

with the spirit as well as the letter of its recognition and 29 CFR

1910.7.

Effective Date: This recognition will become effective on

October 6, 1995 and will be valid for a period of five years from

that date, until October 6, 2000, unless terminated prior to that

date, in accordance with 29 CFR 1910.7.

Signed at Washington, D.C. this 2nd day of October 1995.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 95-24941 Filed 10-5-95; 8:45 am]

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