[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1910.7]

[Page 100-105]
 
                             TITLE 29--LABOR

 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 

                                OF LABOR

 
PART 1910_OCCUPATIONAL SAFETY AND HEALTH STANDARDS--Table of Contents

 
                            Subpart A_General

 
Sec. 1910.7  Definition and requirements for a nationally 


recognized testing laboratory.



    (a) Application. This section shall apply only when the term 

nationally recognized testing laboratory is used in other sections of 

this part.

    (b) Laboratory requirements. The term nationally recognized testing 

laboratory (NRTL) means an organization which is recognized by OSHA in 

accordance with appendix A of this section and which tests for safety, 

and lists or labels or accepts, equipment or materials and which meets 

all of the following criteria:

    (1) For each specified item of equipment or material to be listed, 

labeled or accepted, the NRTL has the capability (including proper 

testing equipment and facilities, trained staff, written testing 

procedures, and calibration and quality control programs) to perform:

    (i) Testing and examining of equipment and materials for workplace 

safety purposes to determine conformance with appropriate test 

standards; or

    (ii) Experimental testing and examining of equipment and materials 

for workplace safety purposes to determine conformance with appropriate 

test standards or performance in a specified manner.

    (2) The NRTL shall provide, to the extent needed for the particular 

equipment or materials listed, labeled, or accepted, the following 

controls or services:

    (i) Implements control procedures for identifying the listed and 

labeled equipment or materials;

    (ii) Inspects the run of production of such items at factories for 

product evaluation purposes to assure conformance with the test 

standards; and

    (iii) Conducts field inspections to monitor and to assure the proper 

use of its identifying mark or labels on products;

    (3) The NRTL is completely independent of employers subject to the 

tested equipment requirements, and of any manufacturers or vendors of 

equipment or materials being tested for these purposes; and,

    (4) The NRTL maintains effective procedures for:

    (i) Producing creditable findings or reports that are objective and 

without bias; and

    (ii) Handling complaints and disputes under a fair and reasonable 

system.

    (c) Test standards. An appropriate test standard referred to in 

Sec. 1910.7(b)(1) (i) and (ii) is a document which specifies the safety 

requirements for specific equipment or class of equipment and is:

    (1) Recognized in the United States as a safety standard providing 

an adequate level of safety, and

    (2) Compatible with and maintained current with periodic revisions 

of applicable national codes and installation standards, and

    (3) 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 field involved, or

    (4) In lieu of paragraphs (c) (1), (2), and (3), the standard 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.

    (d) Alternative test standard. If a testing laboratory desires to 

use a test standard other than one allowed under paragraph (c) of this 

section, then the Assistant Secretary of Labor shall



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evaluate the proposed standard to determine that it provides an adequate 

level of safety before it is used.

    (e) Implementation. A testing organization desiring recognition by 

OSHA as an NRTL shall request that OSHA evaluate its testing and control 

programs against the requirements in this section for any equipment or 

material it may specify. The recognition procedure shall be conducted in 

accordance with appendix A to this section.

    (f) Fees. (1) Each applicant for NRTL recognition and each NRTL must 

pay fees for services provided by OSHA. OSHA will assess fees for the 

following services:

    (i) Processing of applications for initial recognition, expansion of 

recognition, or renewal of recognition, including on-site reviews; 

review and evaluation of the applications; and preparation of reports, 

evaluations and Federal Register notices; and

    (ii) Audits of sites.

    (2) The fee schedule established by OSHA reflects the cost of 

performing the activities for each service listed in paragraph (f)(1) of 

this section. OSHA calculates the fees based on either the average or 

actual time required to perform the work necessary; the staff costs per 

hour (which include wages, fringe benefits, and expenses other than 

travel for personnel that perform or administer the activities covered 

by the fees); and the average or actual costs for travel when on-site 

reviews are involved. The formula for the fee calculation is as follows:



Activity Fee = [Average (or Actual) Hours to Complete the Activity x 

    Staff Costs per Hour] + Average (or Actual) Travel Costs



    (3) (i) OSHA will review costs annually and will propose a revised 

fee schedule, if warranted. In its review, OSHA will apply the formula 

established in paragraph (f)(2) of this section to the current estimated 

costs for the NRTL Program. If a change is warranted, OSHA will follow 

the implementation table in paragraph (f)(4) of this section.

    (ii) OSHA will publish all fee schedules in the Federal Register. 

Once published, a fee schedule remains in effect until it is superseded 

by a new fee schedule. Any member of the public may request a change to 

the fees included in the current fee schedule. Such a request must 

include appropriate documentation in support of the suggested change. 

OSHA will consider such requests during its annual review of the fee 

schedule.

    (4) OSHA will implement fee assessment, collection, and payment as 

follows:



------------------------------------------------------------------------

         Approximate dates                     Action required

------------------------------------------------------------------------

                    I. Annual Review of Fee Schedule

------------------------------------------------------------------------

November 1........................  OSHA will publish any proposed new

                                     Fee Schedule in the Federal

                                     Register, if OSHA determines

                                     changes in the schedule are

                                     warranted.

November 16.......................  Comments due on the proposed new Fee

                                     Schedule.

December 15.......................  OSHA will publish the final Fee

                                     Schedule in the Federal Register,

                                     making it effective.

------------------------------------------------------------------------

                     II. Application Processing Fees

------------------------------------------------------------------------

Time of application...............  Applicant must pay the applicable

                                     fees shown in the Fee Schedule when

                                     submitting the application; OSHA

                                     will not begin processing until

                                     fees are received.

Publication of preliminary notice.  Applicant must pay remainder of

                                     fees; OSHA cancels application if

                                     fees are not paid when due.

------------------------------------------------------------------------

                            III. Audit Fees

After audit performed.............  OSHA will bill each existing NRTL

                                     for the audit fees in effect at the

                                     time of audit, but will reflect

                                     actual travel costs and staff time

                                     in the bill.

30 days after bill date...........  NRTLs must pay audit fees; OSHA will

                                     assess late fee if audit fees are

                                     not paid.

45 days after bill date...........  OSHA will send a letter to the NRTL

                                     requesting immediate payment of the

                                     audit fees and late fee

60 days after bill date...........  OSHA will publish a notice in the

                                     Federal Register announcing its

                                     intent to revoke recognition for

                                     NRTLs that have not paid these

                                     audit fees.

------------------------------------------------------------------------



    (5) OSHA will provide details about how to pay the fees through 

appropriate OSHA Program Directives,



[[Page 102]]



which will be available on the OSHA web site.



  Appendix A to Sec. 1910.7--OSHA Recognition Process for Nationally 

                     Recognized Testing Laboratories



                              Introduction



    This appendix provides requirements and criteria which OSHA will use 

to evaluate and recognize a Nationally Recognized Testing Laboratory 

(NRTL). This process will include the evaluation of the product 

evaluation and control programs being operated by the NRTL, as well as 

the NRTL's testing facilities being used in its program. In the 

evaluation of the NRTLs, OSHA will use either consensus-based standards 

currently in use nationally, or other standards or criteria which may be 

considered appropriate. This appendix implements the definition of NRTL 

in 29 CFR 1910.7 which sets out the criteria that a laboratory must meet 

to be recognized by OSHA (initially and on a continuing basis). The 

appendix is broader in scope, providing procedures for renewal, 

expansion and revocation of OSHA recognition. Except as otherwise 

provided, the burden is on the applicant to establish by a preponderance 

of the evidence that it is entitled to recognition as an NRTL. If 

further detailing of these requirements and criteria will assist the 

NRTLs or OSHA in this activity, this detailing will be done through 

appropriate OSHA Program Directives.



               I. Procedures for Initial OSHA Recognition



                            A. Applications.



    1. Eligibility. a. Any testing agency or organization considering 

itself to meet the definition of nationally recognized testing 

laboratory as specified in Sec. 1910.7 may apply for OSHA recognition 

as an NRTL.

    b. However, in determining eligibility for a foreign-based testing 

agency or organization, OSHA shall take into consideration the policy of 

the foreign government regarding both the acceptance in that country of 

testing data, equipment acceptances, and listings, and labeling, which 

are provided through nationally recognized testing laboratories 

recognized by the Assistant Secretary, and the accessibility to 

government recognition or a similar system in that country by U.S.-based 

safety-related testing agencies, whether recognized by the Assistant 

Secretary or not, if such recognition or a similar system is required by 

that country.

    2. Content of application. a. The applicant shall provide sufficient 

information and detail demonstrating that it meets the requirements set 

forth in Sec. 1910.7, in order for an informed decision concerning 

recognition to be made by the Assistant Secretary.

    b. The applicant also shall identify the scope of the NRTL-related 

activity for which the applicant wishes to be recognized. This will 

include identifying the testing methods it will use to test or judge the 

specific equipment and materials for which recognition is being 

requested, unless such test methods are already specified in the test 

standard. If requested to do so by OSHA, the applicant shall provide 

documentation of the efficacy of these testing methods.

    c. The applicant may include whatever enclosures, attachments, or 

exhibits the applicant deems appropriate. The application need not be 

submitted on a Federal form.

    3. Filing office location. The application shall be filed with: NRTL 

Recognition Program, Occupational Safety and Health Administration, U.S. 

Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

    4. Amendments and withdrawals. a. An application may be revised by 

an applicant at any time prior to the completion of activity under 

paragraph I.B.4. of this appendix.

    b. An application may be withdrawn by an applicant, without 

prejudice, at any time prior to the final decision by the Assistant 

Secretary in paragraph I.B.7.c. of this appendix.



          B. Review and Decision Process; Issuance or Renewal.



    1. Acceptance and on-site review. a. Applications submitted by 

eligible testing agencies will be accepted by OSHA, and their receipt 

acknowledged in writing. After receipt of an application, OSHA may 

request additional information if it believes information relevant to 

the requirements for recognition has been omitted.

    b. OSHA shall, as necessary, conduct an on-site review of the 

testing facilities of the applicant, as well as the applicant's 

administrative and technical practices, and, if necessary, review any 

additional documentation underlying the application.

    c. These on-site reviews will be conducted by qualified individuals 

technically expert in these matters, including, as appropriate, non-

Federal consultants/contractors acceptable to OSHA. The protocol for 

each review will be based on appropriate national consensus standards or 

international guides, with such additions, changes, or deletions as may 

be considered necessary and appropriate in each case by OSHA. A written 

report shall be made of each on-site review and a copy shall be provided 

to the applicant.

    2. Positive finding by staff. If, after review of the application, 

and additional information, and the on-site review report, the applicant 

appears to have met the requirements for recognition, a written 

recommendation shall be submitted by the responsible OSHA personnel to 

the Assistant Secretary that the application be approved, accompanied by 

a supporting explanation.



[[Page 103]]



    3. Negative finding by staff.--a. Notification to applicant. If, 

after review of the application, any additional information and the on-

site review report, the applicant does not appear to have met the 

requirements for recognition, the responsible OSHA personnel shall 

notify the applicant in writing, listing the specific requirements of 

Sec. 1910.7 and this appendix which the applicant has not met, and 

allow a reasonable period for response.

    b. Revision of application. (i) After receipt of a notification of 

negative finding (i.e., for intended disapproval of the application), 

and within the response period provided, the applicant may:

    (a) Submit a revised application for further review, which could 

result in a positive finding by the responsible OSHA personnel pursuant 

to subsection I.B.2. of this appendix; or

    (b) Request that the original application be submitted to the 

Assistant Secretary with an attached statement of reasons, supplied by 

the applicant of why the application should be approved.

    (ii) This procedure for applicant notification and potential 

revision shall be used only once during each recognition process.

    4. Preliminary finding by Assistant Secretary. a. The Assistant 

Secretary, or a special designee for this purpose, will make a 

preliminary finding as to whether the applicant has or has not met the 

requirements for recognition, based on the completed application file, 

the written staff recommendation, and the statement of reasons supplied 

by the applicant if there remains a staff recommendation of disapproval.

    b. Notification of this preliminary finding will be sent to the 

applicant and subsequently published in the Federal Register.

    c. This preliminary finding shall not be considered an official 

decision by the Assistant Secretary or OSHA, and does not confer any 

change in status or any interim or temporary recognition for the 

applicant.

    5. Public review and comment period--a. The Federal Register notice 

of preliminary finding will provide a period of not less than 30 

calendar days for written comments on the applicant's fulfillment of the 

requirements for recognition. The application, supporting documents, 

staff recommendation, statement of applicant's reasons, and any comments 

received, will be available for public inspection in the OSHA Docket 

Office.

    b. Any member of the public, including the applicant, may supply 

detailed reasons and evidence supporting or challenging the sufficiency 

of the applicant's having met the requirements of the definition in 29 

CFR Sec. 1910.7 and this appendix. Submission of pertinent documents 

and exhibits shall be made in writing by the close of the comment 

period.

    6. Action after public comment--a. Final decision by Assistant 

Secretary. Where the public review and comment record supports the 

Assistant Secretary's preliminary finding concerning the application, 

i.e., absent any serious objections or substantive claims contrary to 

the preliminary finding having been received in writing from the public 

during the comment period, the Assistant Secretary will proceed to final 

written decision on the application. The reasons supporting this 

decision shall be derived from the evidence available as a result of the 

full application, the supporting documentation, the staff finding, and 

the written comments and evidence presented during the public review and 

comment period.

    b. Public announcement. A copy of the Assistant Secretary's final 

decision will be provided to the applicant. Subsequently, a notification 

of the final decision shall be published in the Federal Register. The 

publication date will be the effective date of the recognition.

    c. Review of final decision. There will be no further review 

activity available within the Department of Labor from the final 

decision of the Assistant Secretary.

    7. Action after public objection--a. Review of negative information. 

At the discretion of the Assistant Secretary or his designee, OSHA may 

authorize Federal or contract personnel to initiate a special review of 

any information provided in the public comment record which appears to 

require resolution, before a final decision can be made.

    b. Supplementation of record. The contents and results of special 

reviews will be made part of this record by the Assistant Secretary by 

either:

    (i) Reopening the written comment period for public comments on 

these reviews; or

    (ii) Convening an informal hearing to accept public comments on 

these reviews, conducted under applicable OSHA procedures for similar 

hearings.

    c. Final decision by the Assistant Secretary. The Assistant 

Secretary shall issue a decision as to whether it has been demonstrated, 

based on a preponderance of the evidence, that the applicant meets the 

requirements for recognition. The reasons supporting this decision shall 

be derived from the evidence available as a result of the full 

application, the supporting documentation, the staff finding, the 

comments and evidence presented during the public review and comment 

period, and written to transcribed evidence received during any 

subsequent reopening of the written comment period or informal public 

hearing held.

    d. Public announcement. A copy of the Assistant Secretary's final 

decision will be provided to the applicant, and a notification will be 

published in the Federal Register subsequently announcing the decision.

    e. Review of final decision. There will be no further review 

activity available within the Department of Labor from the final 

decision of the Assistant Secretary.



[[Page 104]]



    c. Terms and conditions of recognition. The following terms and 

conditions shall be part of every recognition:

    1. Letter of recognition. The recognition by OSHA of any NRTL will 

be evidenced by a letter of recognition from OSHA. The letter will 

provide the specific details of the scope of the OSHA recognition, 

including the specific equipment or materials for which OSHA recognition 

has been granted, as well as any specific conditions imposed by OSHA.

    2. Period of recognition. The recognition by OSHA of each NRTL will 

be valid for five years, unless terminated before the expiration of the 

period. The dates of the period of recognition will be stated in the 

recognition letter.

    3. Constancy in operations. The recognized NRTL shall continue to 

satisfy all the requirements or limitations in the letter of recognition 

during the period of recognition.

    4. Accurate publicity. The OSHA-recognized NRTL shall not engage in 

or permit others to engage in misrepresentation of the scope or 

conditions of its recognition.

    5. Temporary Recognition of Certain NRTLs. a. Notwithstanding all 

other requirements and provisions of Sec. 1910.7 and this appendix, the 

following two organizations are recognized temporarily as nationally 

recognized testing laboratories by the Assistant Secretary for a period 

of five years beginning June 13, 1988 and ending on July 13, 1993:

    (i) Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, 

Illinois 60062.

    (ii) Factory Mutual Research Corporation, 1151 Boston-Providence 

Turnpike, Norwood, Massachusetts 02062.

    b. At the end of the five-year period, the two temporarily 

recognized laboratories shall apply for renewal of OSHA recognition 

utilizing the following procedures established for renewal of OSHA 

recognition.



                      II. Supplementary Procedures.



                        A. Test standard changes.



    A recognized NRTL may change a testing standard or elements 

incorporated in the standard such as testing methods or pass-fail 

criteria by notifying the Assistant Secretary of the change, certifying 

that the revised standard will be at least as effective as the prior 

standard, and providing the supporting data upon which its conclusions 

are based. The NRTL need not inform the Assistant Secretary of minor 

deviations from a test standard such as the use of new instrumentation 

that is more accurate or sensitive than originally called for in the 

standard. The NRTL also need not inform the Assistant Secretary of its 

adoption of revisions to third-party testing standards meeting the 

requirements of Sec. 1910.7(c)(4), if such revisions have been 

developed by the standards developing organization, or of its adoption 

of revisions to other third-party test standards which the developing 

organization has submitted to OSHA. If, upon review, the Assistant 

Secretary or his designee determines that the proposed revised standard 

is not ``substantially equivalent'' to the previous version with regard 

to the level of safety obtained, OSHA will not accept the proposed 

testing standard by the recognized NRTL, and will initiate 

discontinuance of that aspect of OSHA-recognized activity by the NRTL by 

modification of the official letter of recognition. OSHA will publicly 

announce this action and the NRTL will be required to communicate this 

OSHA decision directly to affected manufacturers.



                   B. Expansion of current recognition



    1. Eligibility. A recognized NRTL may apply to OSHA for an expansion 

of its current recognition to cover other categories of NRTL testing in 

addition to those included in the current recognition.

    2. Procedure. a. OSHA will act upon and process the application for 

expansion in accordance with subsection I.B. of this appendix, except 

that the period for written comments, specified in paragraph 5.a of 

subsection I.B. of this appendix, will be not less than 15 calendar 

days.

    b. In that process, OSHA may decide not to conduct an on-site 

review, where the substantive scope of the request to expand recognition 

is closely related to the current area of recognition.

    c. The expiration date for each expansion of recognition shall 

coincide with the expiration date of the current basic recognition 

period.



                     C. Renewal of OSHA recognition



    1. Eligibility. A recognized NRTL may renew its recognition by 

filing a renewal request at the address in paragraph I.A.3. of this 

appendix not less than nine months, nor more than one year, before the 

expiration date of its current recognition.

    2. Procedure. a. OSHA will process the renewal request in accordance 

with subsection I.B. of this appendix, except that the period for 

written comments, specified in paragraph 5.a of subsection I.B. of this 

appendix, will be not less than 15 calendar days.

    b. In that process, OSHA may determine not to conduct the on-site 

reviews in I.B.1.a. where appropriate.

    c. When a recognized NRTL has filed a timely and sufficient renewal 

request, its current recognition will not expire until a final decision 

has been made by OSHA on the request.

    d. After the first renewal has been granted to the NRTL, the NRTL 

shall apply for a continuation of its recognition status every five 

years by submitting a renewal request. In lieu of submitting a renewal 

request after the initial renewal, the NRTL may certify



[[Page 105]]



its continuing compliance with the terms of its letter of recognition 

and 29 CFR 1910.7.

    3. Alternative procedure. After the initial recognition and before 

the expiration thereof, OSHA may (for good cause) determine that there 

is a sufficient basis to dispense with the renewal requirement for a 

given laboratory and will so notify the laboratory of such a 

determination in writing. In lieu of submitting a renewal request, any 

laboratory so notified shall certify its continuing compliance with the 

terms of its letter of recognition and 29 CFR 1910.7.



                D. Voluntary termination of recognition.



    At any time, a recognized NRTL may voluntarily terminate its 

recognition, either in its entirety or with respect to any area covered 

in its recognition, by giving written notice to OSHA. The written notice 

shall state the date as of which the termination is to take effect. The 

Assistant Secretary shall inform the public of any voluntary termination 

by Federal Register notice.



                  E. Revocation of recognition by OSHA.



    1. Potential causes. If an NRTL either has failed to continue to 

substantially satisfy the requirements of Sec. 1910.7 or this appendix, 

or has not been reasonably performing the NRTL testing requirements 

encompassed within its letter of recognition, or has materially 

misrepresented itself in its applications or misrepresented the scope or 

conditions of its recognition, the Assistant Secretary may revoke the 

recognition of a recognized NRTL, in whole or in part. OSHA may initiate 

revocation procedures on the basis of information provided by any 

interested person.

    2. Procedure. a. Before proposing to revoke recognition, the Agency 

will notify the recognized NRTL in writing, giving it the opportunity to 

rebut or correct the alleged deficiencies which would form the basis of 

the proposed revocation, within a reasonable period.

    b. If the alleged deficiencies are not corrected or reconciled 

within a reasonable period, OSHA will propose, in writing to the 

recognized NRTL, to revoke recognition. If deemed appropriate, no other 

announcement need be made by OSHA.

    c. The revocation shall be effective in 60 days unless within that 

period the recognized NRTL corrects the deficiencies or requests a 

hearing in writing.

    d. If a hearing is requested, it shall be held before an 

administrative law judge of the Department of Labor pursuant to the 

rules specified in 29 CFR part 1905, subpart C.

    e. The parties shall be OSHA and the recognized NRTL. The Assistant 

Secretary may allow other interested persons to participate in these 

hearings if such participation would contribute to the resolution of 

issues germane to the proceeding and not cause undue delay.

    f. The burden of proof shall be on OSHA to demonstrate by a 

preponderance of the evidence that the recognition should be revoked 

because the NRTL is not meeting the requirements for recognition, has 

not been reasonably performing the product testing functions as required 

by Sec. 1910.7, this appendix A, or the letter of recognition, or has 

materially misrepresented itself in its applications or publicity.

    3. Final decision. a. After the hearing, the Administrative Law 

Judge shall issue a decision stating the reasons based on the record as 

to whether it has been demonstrated, based on a preponderance of 

evidence, that the applicant does not continue to meet the requirements 

for its current recognition.

    b. Upon issuance of the decision, any party to the hearing may file 

exceptions within 20 days pursuant to 29 CFR 1905.28. If no exceptions 

are filed, this decision is the final decision of the Assistant 

Secretary. If objections are filed, the Administrative Law Judge shall 

forward the decision, exceptions and record to the Assistant Secretary 

for the final decision on the proposed revocation.

    c. The Assistant Secretary will review the record, the decision by 

the Administrative Law Judge, and the exceptions filed. Based on this, 

the Assistant Secretary shall issue the final decision as to whether it 

has been demonstrated, by a preponderance of evidence, that the 

recognized NRTL has not continued to meet the requirements for OSHA 

recognition. If the Assistant Secretary finds that the NRTL does not 

meet the NRTL recognition requirements, the recognition will be revoked.

    4. Public announcement. A copy of the Assistant Secretary's final 

decision will be provided to the applicant, and a notification will be 

published in the Federal Register announcing the decision, and the 

availability of the complete record of this proceeding at OSHA. The 

effective date of any revocation will be the date the final decision 

copy is sent to the NRTL.

    5. Review of final decision. There will be no further review 

activity available within the Department of Labor from the final 

decision of the Assistant Secretary.



[53 FR 12120, Apr. 12, 1988; 53 FR 16838, May 11, 1988, as amended at 54 

FR 24333, June 7, 1989; 65 FR 46818, 46819, July 31, 2000]