Factory Mutual Research Corporation

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-3-93]

Factory Mutual Research Corporation

AGENCY: Occupational Safety and Health Administration Department of

Labor.

ACTION: Notice of Application for Renewal of Recognition as a

Nationally Recognized Testing Laboratory, and Preliminary Finding.

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SUMMARY: This notice announces the application of the Factory Mutual

Research Corporation for renewal of its 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 May

30, 1995.

ADDRESSES: Send comments to: NRTL Recognition Program, Office of

Variance Determination, Occupational Safety and Health Administration,

U.S. Department of Labor, 200 Constitution Avenue, N.W., 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, 200 Constitution Avenue, NW., Room N3653,

Washington, DC 20210.

Notice of Application

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Factory

Mutual Research Corporation (FMRC) 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 renewal of its recognition of the

following facilities as a Nationally Recognized Testing Laboratory.

The addresses of the laboratories covered by this application are:

1151 Boston-Providence Turnpike, Norwood, Massachusetts 02062

743 Reynolds Road, West Gloucester, Rhode Island 02814

Background

When OSHA published its standard for NRTLs at 29 CFR 1910.7, it

temporarily recognized Factory Mutual Research Corporation (FMRC) and

Underwriters Laboratories Incorporated (UL). Both organizations had

already been referenced by the Occupational Safety and Health

Administration (OSHA) as acceptable organizations for testing or

certifying certain workplace equipment and materials. Appendix A of

section 1907 stated, in part, that Factory Mutual Research Corporation

was recognized temporarily as a nationally recognized testing

laboratory by the Assistant Secretary for a five-year period from June

13, 1988 through June 13, 1993. At the end of this five-year period

FMRC was required to apply for renewal of that OSHA recognition

utilizing certain specified procedures. FMRC has applied for renewal of

its recognition as an NRTL within the specified time frame (application

dated October 8, 1992) and retains temporary recognition pending OSHA's

final decision in this renewal process.

Application

According to the applicant Factory Mutual began testing products in

1886; the first published listings of approved fire hose appeared in

1907. As of October 1992, FMRC approved products and services for

approximately 1900 manufacturers and service providers in the United

States and 32 foreign countries.

Regarding the merits of the application, the applicant contends

that it meets the requirements of 29 CFR 1910.7 for renewal of its

recognition to certify products in the area of testing which it has

specified.

Factory Mutual Research Corporation 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 renewal of its accreditation as

an OSHA Nationally Recognized Testing Laboratory.

In support of its application, FMRC has attached various exhibits

[see Exhibits 2A(1), 2A(2), 2A(3), and 2A(4)]. According to the

applicant, it demonstrates its capability to perform testing and

examining of equipment and materials for workplace safety purposes to

determine conformance with appropriate standards [see Ex. 2A(1)]; has

the proper testing equipment and facilities, trained staff, written

testing procedures, and calibration and quality control programs [see

Ex. 2A(2)]; and has also the capability to perform experimental testing

and examining of equipment and materials for workplace safety purposes

to determine the conformance with appropriate test standards or

performance in a specified manner.

FMRC further asserts that it provides the following controls or

services: A registered certification mark [see Ex. 2A(3)]; product

evaluation of samples submitted by manufacturers to assure conformance

with the test standards; and a facilities and procedures quality audit

program to monitor production and use of the FMRC Approval Mark,

supplemented with periodic inspections of user premises for monitoring

product performance and for identifying the listed or labeled equipment

or materials [see Exs. 2A(2)] and 2A(3)].

The applicant also states that it is a non-profit corporation and,

accordingly, is not owned, operated or controlled by any company

manufacturing, supplying or distributing any portion of the materials

and products examined and tested. Further, FMRC claims not to have any

financial interest in any company manufacturing, supplying, or

distributing materials or products examined [see Ex. 2A(3)].

If clients, FMRC personnel, users, or other sources, file a

complaint or disagrees with a decision relating to the standard, to

engineering, use, or to inspection, they can present and discuss their

views with the involved Engineer(s) and Section Manager in an effort to

resolve any disagreement. If the matter cannot be satisfactorily

resolved at that level, they are referred to the Department Manager,

then to the Division Manager and finally if the complaint is still

unresolved it is referred to the Chief Operating Officer

[[Page 16168]] for the final decision. Equipment rental is infrequent

and used only for a special one-time test or when a similar piece of

equipment is in repair. The equipment is leased from reputable dealers

and operation manuals and calibration certification are required to be

supplied.

Finally, Factory Mutual Research Corporation states that it

provides creditable reports and findings which are objective and

without bias, as well as a fair and reasonable system of handling

complaints [see Ex. 2A(2)].

FMRC's application contained 4 enclosures, which they identified as

Exhibits 1, 2, 3 and 4. For OSHA's purposes, these documents are listed

as Exhibits 2A(1), 2A(2), 2A(3), and 2A(4), respectively. Exhibit 2A(1)

lists the test standards for which the applicant desired accreditation,

and includes copies of those prepared and published by FMRC. Exhibit

2A(2) consists of FMRC's Operations and Quality Assurance Manual (OQAM)

dealing with various facets of the Approvals Division, such as

background and history; a demonstration of reporting results; the FMRC

organizational chart; the Electrical Department; handling of

complaints; laboratory operations; personnel, including position

descriptions; descriptions of the facilities; details of procedures

with test samples; test procedures; record keeping and data collection;

documentation and document control; reports; test equipment including

the calibration program; the facilities and procedures audit; product

re-examination program; approval standards including mechanics of

development; status of approval or listing; guides and listing

procedures; follow-up testing; the Quality Assurance program; and a

listing of blank forms used in the Approvals Division. Exhibit 2A(3)

contains a statement of independence; a listing of FMRC's certification

marks; a brochure concerning its approval services; a sample of the

general procedure format; and a listing of test equipment. Finally, the

last enclosure, Exhibit 2A(4), encompasses the FMRC Approval Guide,

including two supplements.

The test procedure method is identified in the revised 5-15-92

version of the General Test Procedure Format. This format identifies

specific paragraphs for specific information. General headings include

the Purpose and Scope, Test Criteria, Samples Required, Test Facilities

and Equipment, Test Setup, Operations, Test Results, and Safety

Precautions. The test procedures listing is being updated to reflect

the latest procedures.

Facilities

Factory Mutual Research Corporation (FMRC) headquarters in Norwood,

Massachusetts occupies a 40 acre site with more than a dozen buildings

totaling some 235,550 square feet. Approximately 50 percent of the

floor space is allocated for product testing. The Norwood complex is

also headquarters for Factory Mutual Engineering Corp. (FMEC) and

Factory Mutual Engineering Association (FMEA). Under Factory Mutual

Research Corporation are the Standards Division, Approvals Division,

Research Division, Loss Operational Analysis Department, and the

Administration Department. Many of the administrative and operational

support activities for FMRC, such as legal, accounting, and personnel,

are provided by FMEC. The Approvals Division of FMRC has responsibility

for the Facilities and Procedures Audits (follow-up program for

manufacturers); however, in the United States, inspectors are provided

by FMEA while overseas they are provided by Factory Mutual

International (FMI). The Approvals Division has a technical staff of

approximately 75, consisting of 10 managers, 51 engineers, and 15

technicians. FMEA has approximately 960 inspectors and FMI 300.

The West Glocester facility occupies a 1500 acre site. The main

building totals some 30,260 square feet. Three large fire test pads and

the associated control room occupy most of this space. Additional

facilities at West Glocester include a large hydraulics laboratory and

a structure to study explosions of combustible dusts and flammable

gases or vapors. The West Glocester facility has a staff of

approximately 35. However, most of the facility is devoted to the

testing of sprinkler and other fire extinguishment system.

Audit Structure

A new audit schedule addresses the frequency of audits and includes

the West Glocester facilities. The schedule also includes an aggressive

approach to resolving identified discrepancies.

The Facilities and Procedures Audits (F&PA) for FMRC Practices and

Procedures provide information on how to perform a proper and

successful Approvals Division Facilities and Procedures Audit (F&PA).

This document provides guidance on the program, scope of the audits,

Areas of Investigation of a Manufacturers Quality Assurance Program,

and the preparation, planning and conducting of the audit.

The frequency of audits at the manufacturing site are monitored to

insure the yearly minimum (at least quarterly for the NRTL program) is

maintained and is in accordance with QAM Section 17.4.

Internal Controls (Quality Assurance)

The Operations and Quality Assurance Manual documents the

procedures for controlling the quality of operations in the Approvals

Division. The manual includes a policy statement and methods to

evaluate and correct quality system problems and includes the necessary

ingredients for an effective Quality Assurance Program.

Portions of the Operations and Quality Assurance Manual describe

the general policy requiring outside testing laboratories to meet the

applicable quality assurance standards of the Approvals Division. The

Manual does not specify which outside NRTL laboratories are acceptable,

only that the laboratory must meet the Approvals Division quality

assurance requirements.

The Technical Report Format is described in the Operations and

Quality Assurance Manual (OQAM), and contains the name and address of

the testing location, job identification number, name and address of

the client, facilities and procedures audit inspection results,

conclusion, signatures and other relevant information.

Another section of the Operations and Quality Assurance Manual

addresses the Record Keeping Requirements, to include the retention

time for specific types of records.

The Follow-up Program is also discussed in the OQAM. Initial

factory inspections for an approval/listing process are normally

conducted by the Approvals Division personnel (FMRC). Subsequent

follow-ups are commonly conducted by the FMEA District Offices in North

America, and by FMI in other locations.

Programs

FMRC administers several operational programs, some of which have

been in effect for a number of years. Some of these programs have

provided the test and evaluation data for products that have been

approved and are still being supplied by manufacturers for introduction

into the workplaces of the United States.

The following programs 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 of

programs and procedures that [[Page 16169]] NRTLs may engage in under

the OSHA/NRTL program. See Exhibit 2C, an addendum to the original

``On-Site Review Report (Survey)'', dated March 10, 1995, (Exhibit 2B),

which reviews the following programs on the basis of their conformance

to the programs described in 60 FR 12980, March 9, 1995, ``Nationally

Recognized Testing Laboratories; Clarification of the Types of Programs

and Procedures''.

Basic Program

This program is one in which FMRC 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 such as the size, complexity, or

uniqueness of a product requires testing at the manufacturer's or other

outside laboratory's facilities, or when a manufacturer is entering the

Laboratory Qualification Program. The tests are in accordance with the

appropriate recognized standard(s) and are witnessed by an FMRC

technical representative. The specific information required by the FMRC

Operations and Quality Assurance manual to insure equivalency with

tests conducted at FMRC is recorded in the Project Data Record (test

notebook).

FMRC Laboratory Qualification Program

Since 1979, manufacturers of electrical utilization equipment

(process control and test and measuring instrumentation for use in

ordinary ``non-hazardous'' locations) meeting specific criteria, have

been allowed to submit test data to FMRC to be used as a part of the

approval process. The data submitted by the manufacturer may be used in

lieu of tests conducted by FMRC or, at its discretion, FMRC may conduct

comparative tests to insure accurateness of manufacturers' supplied

data. This includes a review of the product submitted for approval.

The qualification procedures include on-site assessments and an

evaluation for usage of proper standards, client personnel, testing

facilities and verification testing. Part of the program includes

periodic review visits.

A specific department of the client is qualified to generate the

necessary test and evaluation information that a product meets the

appropriate standards. Test equipment, calibration program, test

personnel, test procedures, design origination and change, and the

marking and documentation submittal are specified in the Laboratory

Qualification Report. The information and a sample product is sent to

FMRC for its review.

The program allows for unannounced on-site visits to the

manufacturer's facility to verify compliance with the program. An up-

to-date listing is maintained of the manufacturing laboratories that

are qualified under this program.

International Electrotechnical Commission (IEC) CB Scheme

The IEC-CB Scheme is a certification program for gaining product

approval recognition on an international level. Products tested by any

National Certification Body (NCB) that participates in the CB Scheme

will be accepted for approval without the need for retesting in other

member (of the CB Scheme) countries.

Eligibility in the CB Scheme requires that members be recognized by

their own governments as an accredited national organization having the

authority to issue a listing or place a mark on products that meet

specific national standards.

FMRC is accredited by the IEC for testing and evaluating electrical

equipment for measurement, control and laboratory use, and information

processing equipment including electrical business equipment.

Interlaboratory Agreements

FMRC tests products for, and accepts test data from,

internationally recognized laboratories which have interlaboratory

agreements with FMRC. The laboratory generating the test data conducts

these tests in accordance with the nationally recognized standards of

the laboratory certifying the product. Regularly scheduled audits are

conducted at each laboratory to insure the competence of the

laboratory. The audits include a review of personnel, test equipment,

test procedures, documentation control, and quality of operation.

FMRC asserts that it may accept components which have been tested

at other laboratories after review of the test report and any

additional evaluation necessary. The evaluation by the applicant

includes an assurance that the other laboratory's performance meets the

level that FMRC would provide had it performed the service.

Standards

The applicant desires recognition for testing and certification of

products when tested for compliance with the following test standards,

which are appropriate within the meaning of 29 CFR 1910.7(c):

FMRC 1110--Indicator Posts

FMRC 1221--Backflow Preventers

FMRC 1321--Controllers for Electric Motor Driven Fire Pumps

FMRC 1333--Diesel Engine Fire Pump Drivers

FMRC 1635--Plastic Pipe and Fittings for Automatic Sprinkler Systems

FMRC 3600--Electrical Equipment for Use in Hazardous (Classified)

Locations, General Requirements

FMRC 3610--Intrinsically Safe Apparatus and Associated Apparatus for

Use in Class I, II and III, Division 1 Hazardous (Classified) Locations

FMRC 3611--Electrical Equipment for Use in Class I, Division 2; Class

II, Division 2; and Class III, Division 1 and 2 Hazardous Locations

FMRC 3615-- Explosionproof Electrical Equipment, General Requirements

FMRC 3620--Purged and Pressurized Electrical Equipment for Hazardous

(Classified) Locations

FMRC 3810--Electrical and Electronic Test, Measuring, and Process

Control Equipment

FMRC 6051--Safety Containers and Filling, Supply and Disposal

Containers

FMRC 6310--Combustible Gas Detectors

FMRC 7812--Industrial Trucks--LP-Gas

FMRC 7816--Industrial Trucks--LP-Gas Dual Fuel

FMRC 7820--Industrial Trucks--Electric

ANSI Z8.1--Commercial Laundry and Drycleaning Equipment and Operations

ANSI/ISA S12.12--Electrical Equipment for Use in Class I, Division 2,

Hazardous (Classified) Locations

ANSI/ISA S12.13.1--Performance Requirements for Combustible Gas

Detectors

ANSI/ISA S12.15--Hydrogen Sulfide Detection Instruments

ANSI/ISA S82.01--Electrical and Electronic Test, Measuring Equipment

ANSI/ISA S82.02--Electrical and Electronic Test and Measuring Equipment

ANSI/ISA S82.03--Electrical and Electronic Process Measuring and

Control

ANSI/NEMA ICS 2--Industrial Control Devices, Controllers and Assemblies

ANSI/NEMA 250--Enclosures for Electrical Equipment

ANSI/NFPA 11--Low Expansion Foam and Combined Agent Systems

ANSI/NFPA 11A--Medium- and High-Expansion Foam Systems

ANSI/NFPA 12--Carbon Dioxide Extinguishing Systems

ANSI/NFPA 12A--Halon 1301 Fire Extinguishing Agent

Systems [[Page 16170]]

ANSI/NFPA 13--Installation of Sprinkler Systems

ANSI/NFPA 16--Deluge Foam-Water Sprinkler and Spray Systems

ANSI/NFPA 17--Dry Chemical Extinguishing Systems

ANSI/NFPA 20--Centrifugal Fire Pumps

ANSI/NFPA 72--Installation, Maintenance, and Use of Protective

Signaling Systems

ANSI/UL 8--Foam Fire Extinguishers

ANSI/UL 38--Manually Actuated Signaling Boxes for Use With Fire-

Protective Signaling Systems

ANSI/UL 154--Carbon-Dioxide Fire Extinguishers

ANSI/UL 162--Foam Equipment and Liquid Concentrates

ANSI/UL 299--Dry Chemical Fire Extinguishers

ANSI/UL 346--Waterflow Indicators for Fire Protective Signaling Systems

ANSI/UL 347--High-Voltage Industrial Control Equipment

ANSI/UL 508--Electric Industrial Control Equipment

ANSI/UL 558--Industrial Trucks, Internal Combustion Engine-Powered

ANSI/UL 583--Electric-Battery-Powered Industrial Trucks

ANSI/UL 626--2\1/2\ Gallon Stored-Pressure, Water-Type Fire

Extinguishers

UL 664--Commercial (Class IV) Electric Dry-Cleaning Machines

ANSI/UL 674--Electric Motors and Generators for Use in Hazardous

(Classified) Locations

ANSI/UL 698--Industrial Control Equipment for Use in Hazardous

(Classified) Locations

ANSI/UL 711--Fire Extinguishers, Rating and Fire Testing of

ANSI/UL 753--Alarm Accessories for Automatic Water-Supply Control

Valves

ANSI/UL 781--Portable Electric Lighting Units for Use in Hazardous

(Classified) Locations

ANSI/UL 823--Electric Heaters for Use in Hazardous (Classified)

Locations

ANSI/UL 827--Central-Stations for Watchmen, Fire-Alarm, and Supervisory

Services

ANSI/UL 844--Electric Lighting Fixtures for Use in Hazardous

(Classified) Locations

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

ANSI/UL 864--Control Units for Fire-Protective Signaling Systems

ANSI/UL 877--Circuit Breakers and Circuit-Breaker Enclosure for Use in

Hazardous (Classified) Locations

ANSI/UL 886--Electrical Outlet Boxes and Fittings for Use in Hazardous

(Classified) Locations

ANSI/UL 894--Switches for Use in Hazardous (Classified) Locations

ANSI/UL 913--Intrinsically Safe Apparatus and Associated Apparatus for

Use in Class I, II, and III, Division I, Hazardous (Classified)

Locations

ANSI/UL 1002--Electrically Operated Valve for Use in Hazardous

(Classified) Locations

ANSI/UL 1058--Halogen Agent Extinguishing System Units

ANSI/UL 1093--Halogenated Agent Fire Extinguishers

ANSI/UL 1203--Explosion-Proof and Dust-Ignition-Proof Electrical

Equipment for Use in Hazardous (Classified) Locations

UL 1206--Electric Commercial Clothes-Washing Equipment

ANSI/UL 1207--Sewage Pumps for Use in Hazardous (Classified) Locations

UL 1236--Electric Battery Chargers

UL 1240--Electric Commercial Clothes-Drying Equipment

ANSI/UL 1254--Pre-Engineered Dry Chemical Extinguishing System Units

ANSI/UL 1262--Laboratory Equipment

ANSI/UL 1555--Electric Coin-Operated Clothes-Washing Equipment

ANSI/UL 1556--Electric Coin-Operated Clothes-Drying Equipment

Preliminary Finding

The Factory Mutual Research Corporation addressed all of the

criteria which had to 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; and a copy of its Operations and

Quality Assurance Manual including a description of its documentation,

calibration system, appeals procedures, recordkeeping and operational

procedures.

Nine major areas were examined in depth in carrying out the

laboratory surveys: Facility; test equipment; calibration program; test

and evaluation procedures; test reports; records; quality assurance

program; follow-up listing program; and personnel.

The discrepancies noted by the survey teams in the on-site

evaluations, [Ex. 2B(1)], were adequately responded to by the applicant

prior to the preparation of the survey report and are included as a

integral part of the report.

With the preparation of the final survey reports of the Factory

Mutual Research Corporation, the survey team was satisfied that the

testing facilities appeared to meet the necessary criteria required by

the standard, and so noted in the On-Site Review Report (Survey). (See

Ex. 2B).

Following a review of the application file and the on-site survey

reports of the FMRC Norwood, Massachusetts and the West Glocester,

Rhode Island facilities, the NRTL Recognition Program staff concluded

that the applicant appeared to have met the requirements for renewal of

its recognition as a Nationally Recognized Testing Laboratory for the

above noted facilities 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 the Factory Mutual Research Corporation

facilities for which accreditation was requested (Norwood, MA and West

Glocester, RI) can meet the requirements for renewal of its 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 renewal of its 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 May 30, 1995, 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, 200 Constitution Avenue,

N.W., Washington, D.C. 20210. Copies of the FMRC application, the

laboratory survey report, and all submitted comments, as received,

(Docket No. NRTL-3-93), 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

(Factory Mutual Research Corporation) satisfies the requirements for

renewal of its 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.

[[Page 16171]] Signed at Washington, DC, this 22nd day of March

1995.

Joseph A. Dear,

Assistant Secretary.

[FR Doc. 95-7675 Filed 3-28-95; 8:45 am]

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