[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Notices]
[Pages 59647-59649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24093]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0012]


Modification to the List of Appropriate NRTL Program Test 
Standards and the Scopes of Recognition of Several NRTLs

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to: (1) Add 
a new test standard to the Nationally Recognized Testing Laboratories 
(NRTL) Program's list of appropriate test standards and (2) update the 
scopes of recognition of several NRTLs.

DATES: The actions contained in this notice will become effective on 
November 5, 2019.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications; telephone: (202) 693-1999; email: 
meilinger.francis2@dol.gov.
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration; telephone: (202) 693-2110 or email: 
robinson.kevin@dol.gov. OSHA's web page includes information about the 
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION: 

I. Background

    The NRTL program recognizes organizations that provide product-
safety testing and certification services to manufacturers. These 
organizations perform testing and certification for purposes of the 
program, to U.S. consensus-based product-safety test standards. The 
products covered by the NRTL program consist of those items for which 
OSHA safety standards require certification by a NRTL. The requirements 
affect electrical products and 38 other types of products. OSHA does 
not develop or issue these test standards, but generally relies on 
standards-development organizations (SDOs), which develop and maintain 
the standards using a method that provides input and consideration of 
views of industry groups, experts, users, consumers, governmental 
authorities and others having broad experience in the safety field 
involved.

A. Addition of New Test Standards to the NRTL List of Appropriate Test 
Standards

    Periodically, OSHA will add new test standards to the NRTL list of 
appropriate test standards following an evaluation of the test standard 
document. To qualify as an appropriate test standard, the agency 
evaluates the document to: (1) Verify it represents a product category 
for which OSHA requires certification by a NRTL, (2) verify the 
document represents an end product and not a component, and (3) verify 
the document defines safety test specifications (not installation or 
operational performance specifications). OSHA becomes aware of new test 
standards through various avenues. For example, OSHA may become aware 
of new test standards by: (1) Monitoring notifications issued by 
certain SDOs; (2) reviewing applications by NRTLs or applicants seeking 
recognition to include a new test standard in their scopes of 
recognition; and (3) obtaining notification from manufacturers, 
manufacturing organizations, government agencies, or other parties that 
a new test standard may be appropriate to add to its list of 
appropriate standards. OSHA may determine to include a new test 
standard in the list, for example, if the test standard is for a 
particular type of product that another test standard also covers, 
covers a type of product that no standard previously covered, or is 
otherwise new to the NRTL Program.

B. SDO Deletion and Replacement of Test Standards

    The NRTL program regulations require that appropriate test 
standards be maintained and current (29 CFR 1910.7(c)). A test standard 
withdrawn by a standards-development organization is no longer 
considered an appropriate test standard (Directive, App. C.XIV.B). It 
is OSHA's policy to remove recognition of withdrawn test standards by 
issuing a correction notice in the Federal Register for all NRTLs 
recognized for the withdrawn test standards. However, SDOs frequently 
will designate a replacement standard for standards they withdraw. OSHA 
will recognize a NRTL for an appropriate replacement test standard if 
the NRTL has the requisite testing and evaluation capability for the 
replacement test standard.
    One method that NRTLs may use to show such capability involves an 
analysis to determine whether any testing and evaluation requirements 
of existing test standards in a NRTL scope are comparable (i.e., are 
completely or substantially identical) to the requirements in the 
replacement test standard. If OSHA's analysis shows the replacement 
test standard does not require additional or different technical 
capability than an existing test standard(s), the replacement test 
standard is comparable to the existing test standard(s), then OSHA can 
add the replacement test standard to affected NRTLs' scopes of 
recognition. If OSHA's analysis shows the replacement test

[[Page 59648]]

standard requires an additional or different technical capability, or 
the replacement test standard is not comparable to any existing test 
standards, each affected NRTL that seeks to have OSHA add the 
replacement test standard to the NRTL's scope of recognition must 
provide information to OSHA that demonstrates technical capability.

C. Other Reasons for Removal of Test Standards From the NRTL List of 
Appropriate Test Standards

    OSHA may choose to remove a test standard from the NRTL list of 
appropriate test standards based on an internal review. The review will 
determine if the test standards conform to the definition of an 
appropriate test standard defined in NRTL program regulations and 
policy. There are several reasons for removing a test standard based on 
this review. First, a document that provides the methodology for a 
single test is a test method rather than an appropriate test standard 
(29 CFR 1910.7(c)). As stated above, a test standard must specify the 
safety requirements for a specific type of product(s). A test method, 
however, is a ``specified technical procedure for performing a test'' 
(Directive, App. B). As such, a test method is not an appropriate test 
standard. While a NRTL may use a test method to determine if certain 
safety requirements are met, a test method is not itself a safety 
requirement for a specific product category.
    Second, a document that focuses primarily on usage, installation, 
or maintenance requirements would also not be considered an appropriate 
test standard (Directive, App. D.IV.B). In some cases, however, a 
document may also provide safety test specifications in addition to 
usage, installation, and maintenance requirements. In such cases, the 
document would be retained as an appropriate test standard based on the 
safety test specifications.
    Finally, a document may not be considered an appropriate test 
standard if the document covers products for which OSHA does not 
require testing and certification (Directive, App. D.IV.A). Similarly, 
a document that covers electrical-product components would not be 
considered an appropriate test standard. These documents apply to types 
of components that have limitation(s) or condition(s) on their use, in 
that they are not appropriate end-use products. These documents also 
specify that these types of components are for use only as part of an 
end-use product. NRTLs, however, evaluate such components only in the 
context of evaluating whether end-use products requiring NRTL approval 
are safe for use in the workplace. Testing such components alone would 
not indicate that the end-use products containing the components are 
safe for use. Accordingly, as a matter of policy, OSHA considers that 
documents covering such components are not appropriate test standards 
under the NRTL program. OSHA notes, however, that it is not proposing 
to delete from NRTLs' scopes of recognition any test standards covering 
end-use products that contain such components.\1\
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    \1\ OSHA notes also that some types of devices covered by these 
documents, such as capacitors and transformers, may be end-use 
products themselves, and tested under other test standards 
applicable to such products. For example, the following test 
standard covers transformers that are end-use products: UL 1562 
Standard for Transformers, Distribution, Dry-Type--Over 600 Volts. 
OSHA is not proposing to delete such test standards from NRTLs' 
scopes of recognition.
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    In addition, OSHA notes that, to conform to a test standard 
covering an end-use product, a NRTL must still determine that the 
components in the product comply with the components' specific test 
standards. In making this determination, NRTLs may test the components 
themselves, or accept the testing of a qualified testing organization 
that a given component conforms to its particular test standard. OSHA 
reviews each NRTL's procedures to determine which approach the NRTL 
will use to address components, and reviews the end-use product testing 
to verify the NRTL appropriately addresses that product's components.

D. Proposed Modification to the NRTL List of Appropriate Test Standards 
and the Scopes of Recognition of Several NRTLs

    In a February 7, 2019, Federal Register notice (84 FR 2587, 
referred to in this notice as ``Proposed Modification,'' and available 
at www.regulations.gov under Docket ID OSHA-2013-0012-0011), OSHA 
proposed: Adding one standard to the NRTL list of appropriate test 
standards; deleting a withdrawn and deleted test standard from the NRTL 
list of appropriate test standards; incorporating into the NRTL list of 
appropriate test standards a replacement test standard for the 
withdrawn and deleted test standard; and updating the scopes of 
recognition of several NRTLs. OSHA received no comments, and in this 
notice, takes final action on its proposals.

II. Final Decision To Add a New Test Standard to the NRTL Program's 
List of Appropriate Test Standards

    In this notice, OSHA announces its final decision to add one new 
test standard, UL 61010-2-020, Standard for Safety Requirements for 
Electrical Equipment for Laboratory Use; Part 2-020: Particular 
Requirements for Laboratory Equipment for Laboratory Centrifuges, to 
the NRTL program's list of appropriate test standards. In the Proposed 
Modification, OSHA proposed adding the same test standard to the NRTL 
Program's List of Appropriate Test Standards, as described in Table 1:

  Table 1--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
                                                    Proposed replacement
Proposed test standard to be   Reason for proposed  test standard(s) (if
           removed                   removal             applicable)
------------------------------------------------------------------------
UL 61010A-2-020--Electrical   Standard withdrawn    UL 61010-2-020--
 Equipment for Laboratory      by Standards          Standard for Safety
 Use; Part 2: Particular       Organization.         Requirements for
 Requirements for Laboratory                         Electrical
 Equipment for Laboratory                            Equipment for
 Centrifuges.                                        Laboratory Use;
                                                     Part 2-020:
                                                     Particular
                                                     Requirements for
                                                     Laboratory
                                                     Equipment for
                                                     Laboratory
                                                     Centrifuges.
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III. Final Decision To Modify Affected NRTLs' Scopes of Recognition

    In this notice, OSHA announces the final decision to update the 
scopes of recognition of several NRTLs. The tables in this section 
(Table 2 thru Table 5) list, for each affected NRTL, the test standard 
that OSHA will delete from its scope of recognition and, when 
applicable, the test standard that OSHA will incorporate into its scope 
of

[[Page 59649]]

recognition to replace withdrawn (and deleted) test standard.

  Table 2--Test Standard OSHA Will Remove and Replace From the Scope of
            Recognition of the Canadian Standards Association
------------------------------------------------------------------------
                                                      Replacement test
 Test standard to be removed   Reason for removal         standard
------------------------------------------------------------------------
UL 61010A-2-020--Electrical   Standard withdrawn    UL 61010-2-020--
 Equipment for Laboratory      by Standards          Standard for Safety
 Use; Part 2: Particular       Organization.         Requirements for
 Requirements for Laboratory                         Electrical
 Equipment for Laboratory                            Equipment for
 Centrifuges.                                        Laboratory Use;
                                                     Part 2-020:
                                                     Particular
                                                     Requirements for
                                                     Laboratory
                                                     Equipment for
                                                     Laboratory
                                                     Centrifuges.
------------------------------------------------------------------------


  Table 3--Test Standard OSHA Will Remove and Replace From the Scope of
              Recognition of Intertek Testing Services, NA
------------------------------------------------------------------------
                                                      Replacement test
 Test standard to be removed   Reason for removal         standard
------------------------------------------------------------------------
UL 61010A-2-020--Electrical   Standard withdrawn    UL 61010-2-020--
 Equipment for Laboratory      by Standards          Standard for Safety
 Use; Part 2: Particular       Organization.         Requirements for
 Requirements for Laboratory                         Electrical
 Equipment for Laboratory                            Equipment for
 Centrifuges.                                        Laboratory Use;
                                                     Part 2-020:
                                                     Particular
                                                     Requirements for
                                                     Laboratory
                                                     Equipment for
                                                     Laboratory
                                                     Centrifuges.
------------------------------------------------------------------------


  Table 4--Test Standard OSHA Will Remove and Replace From the Scope of
                  Recognition of TUV SUD America, Inc.
------------------------------------------------------------------------
                                                      Replacement test
 Test standard to be removed   Reason for removal         standard
------------------------------------------------------------------------
UL 61010A-2-020--Electrical   Standard withdrawn    UL 61010-2-020--
 Equipment for Laboratory      by Standards          Standard for Safety
 Use; Part 2: Particular       Organization.         Requirements for
 Requirements for Laboratory                         Electrical
 Equipment for Laboratory                            Equipment for
 Centrifuges.                                        Laboratory Use;
                                                     Part 2-020:
                                                     Particular
                                                     Requirements for
                                                     Laboratory
                                                     Equipment for
                                                     Laboratory
                                                     Centrifuges.
------------------------------------------------------------------------


  Table 5--Test Standard OSHA Will Remove and Replace From the Scope of
              Recognition of Underwriters Laboratory, Inc.
------------------------------------------------------------------------
                                                      Replacement test
 Test standard to be removed   Reason for removal         standard
------------------------------------------------------------------------
UL 61010A-2-020--Electrical   Standard withdrawn    UL 61010-2-020--
 Equipment for Laboratory      by Standards          Standard for Safety
 Use; Part 2: Particular       Organization.         Requirements for
 Requirements for Laboratory                         Electrical
 Equipment for Laboratory                            Equipment for
 Centrifuges.                                        Laboratory Use;
                                                     Part 2-020:
                                                     Particular
                                                     Requirements for
                                                     Laboratory
                                                     Equipment for
                                                     Laboratory
                                                     Centrifuges.
------------------------------------------------------------------------

    OSHA will incorporate the modifications to each NRTL Scope of 
Recognition on the informational web pages. These web pages detail the 
scope of recognition for each NRTL, including the test standards the 
NRTL may use to test and certify products under OSHA's NRTL Program. 
OSHA also will add, to the Appropriate Test Standards web page, those 
test standard added to the NRTL list of appropriate test standards, and 
add, to the Standards No Longer Recognized web page, those test 
standards that OSHA no longer recognizes or permits under the NRTL 
program. Access to these web pages is available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby updates the 
NRTL List of Appropriate Test Standards, subject to the limitation and 
conditions specified above.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice. Accordingly, the agency is issuing this notice pursuant to 29 
U.S.C. 657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, 
Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on October 30, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-24093 Filed 11-4-19; 8:45 am]
BILLING CODE 4510-26-P


