[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Notices]
[Pages 12980-12985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5780]



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DEPARTMENT OF LABOR
[Docket No. NRTL-1-95]


Nationally Recognized Testing Laboratories; Clarification of the 
Types of Programs and Procedures

AGENCY: Occupational Safety and Health Administration, Department of 
Labor.

ACTION: Notice of interpretation.

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SUMMARY: This notice announces the Occupational Safety and Health 
Administration's (OSHA) clarification of the types of programs and 
procedures [[Page 12981]] that Nationally Recognized Testing 
Laboratories (NRTL) may engage in under the OSHA/NRTL recognition 
program, 29 CFR 1910.7. This notice addresses in particular those 
programs under which the NRTL controls and audits, but does not itself 
generate, the data relied upon for product certification. OSHA invites 
currently recognized NRTLs as well as new applicants to request 
approval for any of these acceptable procedures.

EFFECTIVE DATE: March 9, 1995.

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.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 1984, (49 FR 8326), the Occupational Safety and Health 
Administration proposed a comprehensive overhaul of its regulatory 
procedures related to OSHA's requirements for safety testing or 
certification of certain workplace equipment and materials. The goals 
of the proposal were:
    (1) To assure that products required to be tested and certified 
would be reliably tested and certified;
    (2) To implement testing and certification requirements and 
procedures which would be administratively workable; and
    (3) To take advantage of developments by others in organizing and 
evaluating product certification systems and in accrediting 
laboratories for testing.
    In the proposal, OSHA stated that it was attempting to build upon 
the self regulatory efforts of the private sector, particularly in the 
fields of electrical and fire safety. OSHA intended to take full 
advantage of the mechanisms which existed in the private sector or in 
government, and to keep its long-term involvement in these activities 
to a minimum (see 53 FR 12103 second column, first paragraph). A three 
day informal public hearing was held on September 25, 26, and October 
1, 1984. Based on the comments received and a review of the testimony 
in the record, the Agency modified its original proposal and, on April 
12, 1988, (53 FR 12102), promulgated a new section, 1910.7--Definition 
and requirements for a nationally recognized testing laboratory, and a 
new Appendix A to section 1910.7--OSHA Recognition Process for 
Nationally Recognized Testing Laboratories.
    The cornerstone of this regulation is the definition of the 
regulatory term ``NRTL'', with respect to specific elements. There are 
four elements that are identified as NRTL requirements: capability to 
test and evaluate equipment; control of certified products; 
independence; and procedures to produce creditable findings. These four 
elements that define an NRTL are incorporated into the criteria for the 
various types of procedures which OSHA approves and, when followed, 
provide OSHA with a reasonable degree of assurance that the products 
may be used safely in the workplace.
    As noted above, capability to test and evaluate equipment, and 
independence are two of the elements required of an NRTL. These 
elements are discussed in the preamble to the final rule.
    Capability to test does not mean that all testing will be done by 
the NRTL. OSHA stated in the preamble that while it expected generally 
that most applicants would do the testing in-house this was not a 
requirement of the standard. OSHA recognized that, in some cases, 
laboratories would subcontract out the testing of a certain product or 
aspect thereof due to unique or special testing needs. Anticipating 
this occurrence, OSHA stated that the laboratory actually doing the 
work must have the necessary capability to conduct the tests, and the 
laboratory applying for recognition would retain primary responsibility 
for fulfilling the requirements of the standard and complying with the 
procedures set out in Appendix A.
    Independence also does not mean that an NRTL has to carry out all 
of its functions totally separate from other entities, including the 
manufacturer. Simply put, the independence requirement means that the 
analytical and decision making processes, which are the critical 
functions that must be performed, are accomplished by an organization 
which is financially independent of manufacturers, vendors, and users 
of certified products. As long as the NRTL retains these functions, the 
credibility of the testing and approval process will be maintained.
    OSHA believes that this understanding of the concept of 
independence was implicit in the rule from the time of its adoption. 
Thus the OSHA rule was intended to build upon the system of testing and 
certification already in existence, not to supplant it. The existing 
system did not require a rigid barrier between NRTL and manufacturer, 
for example, which would completely prevent the NRTL from utilizing the 
manufacturer's testing or other information sources. As long as the 
NRTL, which was not economically affiliated with the manufacturer, had 
ultimate authority and responsibility for the approval of the product 
and use of the certification mark, the needs of independence would be 
satisfied. The current clarification is consistent with and fleshes out 
the past practice.
    OSHA intended a pragmatic application of the elements of 
independence and capability to perform testing, as well as the other 
elements that go into defining an NRTL. This can be seen from the 
general discussion in the preamble to the final rule, and specifically 
from the decision to grandfather the operations of UL and FMRC for a 
five-year period.
    Thus, in the final rule, OSHA grandfathered some of the procedures 
that were in existence at the time of the rule. ``It seems reasonable 
that product testing systems already in place should be able to 
continue their operations without Agency rulemaking on the testing 
standards, methods and procedures they are using now and have 
successfully used in the past. The operation of already existing 
product testing systems, such as UL and FMRC, could be seriously 
disrupted if the Agency attempted to undertake rulemaking on the 
testing standards, methods and procedures they are using.'' (See 53 FR 
12108, second column, last paragraph). The initial assessment for 
renewal of UL and FMRC in 1993 and 1994, identified mature and 
functioning procedures, some over thirty years old, which included the 
acceptance of test data from other sources and use of contract 
organizations for other services.
    In addition, OSHA's intent in the 1988 rule was to allow a level of 
flexibility in meeting the mandatory requirements. OSHA recognized that 
procedures may operationally vary from laboratory to laboratory, and 
still be acceptable. For example, the preamble to the final rule stated 
that, ``. . . while the record indicates that current safety testing 
standards and practices may vary slightly among the third party safety 
testing organizations, the testing laboratories themselves indicate 
that they have compensating mechanisms and controls built into their 
particular systems which are intended to assure that the ultimate 
result will fall within an acceptable range'' (TR 534,550). ``The 
laboratories claim that they use those testing standards, methods and 
procedures which adequately address all necessary safety concerns and 
thereby justify their decision to ``pass'' the item in question and to 
allow the use of the laboratory's listing or identifying mark'' (Ex 38, 
p 3; TR 552, [[Page 12982]] 553). (53 FR 12108, third column, first 
paragraph).
    Thus, OSHA recognized that there were testing practices that might 
vary and differ among laboratories. OSHA also recognized that the 
compensating mechanisms and controls for each system and laboratory 
depends upon the confidence the laboratory has in the final result 
leading to use of the mark.
    OSHA's review of the applications for renewal of recognition 
submitted by UL and FMRC have lead to the conclusion that it is 
appropriate to provide further clarification of acceptable NRTL 
procedures. In order for other NRTLs and future applicants to utilize 
these types of procedures, OSHA has provided specific criteria that 
will identify the critical elements of the various procedures. These 
criteria, as discussed earlier, were derived from the four elements 
that define an NRTL. By providing such criteria, an NRTL may tailor its 
methods and testing techniques to any procedure the NRTL would like to 
include.
    The identification of criteria discussed in this document will 
provide guidance to applicants utilizing the various procedures, while 
still allowing the flexibility that was identified in the discussion of 
the regulation.

Clarification

    The Occupational Safety and Health Administration is clarifying the 
types of testing and certification procedures which may meet the 
requirements for acceptance under section 1910.7.
    The Agency has previously determined that an NRTL may, but is not 
obligated to, accept test data, component or product approvals, or 
other information or data from another NRTL, as long as it is satisfied 
with their appropriateness. The NRTL has the prerogative to retest or 
reapprove, as it deems necessary.
    OSHA is aware that in addition to the procedures which were 
previously clearly understood to be acceptable, NRTLs also utilize 
procedures involving entities such as contractors, manufacturers, and 
other laboratories, for the performance of many of their functions. 
These other procedures are acceptable with certain controls in place. 
OSHA recognizes that to maintain credibility of these procedures, a 
higher level of expertise and controls by the NRTL will be required. 
Therefore, applicants for these will be assessed and audited by OSHA to 
more stringent guidelines. Generally, all acceptable procedures fall 
within one or more of the following.

1. The basic procedure where all product testing and evaluation is 
performed in-house by the NRTL that will certify the product
2. Acceptance of testing data from independent organizations, other 
than NRTLs
3. Acceptance of product evaluations from independent organizations, 
other than NRTLs
4. Acceptance of witnessed testing data
5. Acceptance of testing data from non-independent organizations
6. Acceptance of evaluation data from non-independent organizations 
(requiring NRTL review prior to marketing)
7. Acceptance of continued certification following minor product 
modifications by the client
8. Acceptance of product evaluations from organizations that function 
as part of the International Electrotechnical Commission Certification 
Body (IEC-CB) Scheme
9. Acceptance of services other than testing or evaluation performed by 
subcontractors or agents

    Certain procedures are unacceptable. Included among these are 
manufacturer self-declaration, client self-certification, and other 
similar procedures that permit non-NRTLs to determine conformance with 
the product standard, i.e., certify the product.
    A number of procedures encountered during on-site investigations by 
OSHA assessors have existed in one form or another prior to the 
existence of the NRTL program in 1988. Most of these procedures appear 
to have matured to a degree necessary to maintain product safety in the 
workplace and included controls necessary for conformity with NRTL 
program requirements.
    This Notice discussed procedures and criteria to be utilized by 
OSHA assessors and auditors in evaluating each of them. OSHA will 
continue to closely monitor progress under these criteria and evaluate 
the effectiveness of the procedures.
    The specific criteria utilized for evaluating the procedures of an 
applicant for recognition as a nationally recognized testing laboratory 
are based upon ``national consensus standards and international 
guides''.
    Three basic principles, to assure that product certifications would 
provide necessary levels of safety, were derived from the rule.
    These principles are as follows:
    (1) The NRTL shall be capable of performing all aspects of a 
product certification scheme on its own.
    <bullet> The NRTL shall be recognized to perform the tests, 
evaluations, and other services before it can accept such services from 
other organizations.
    (2) Where the services of other organizations are used, the NRTL 
shall retain control of, and responsibility for, all aspects of the 
product certification scheme.
    <bullet> The NRTL shall have procedures consistent with the 
appropriate national standards and international guides for granting, 
maintaining, and extending its qualification of an organization or 
service.
    <bullet> The NRTL shall use assessors who met the competence 
requirements of the appropriate national standards and international 
guides to evaluate the organization.
    <bullet> The NRTL shall ensure that all aspects of certification 
work performed by others--including participants, locations of testing, 
witnessing, and evaluations--are identified in the NRTL and client 
records and reports.
    (3) The NRTL shall ensure that each organization providing data, 
product evaluations, or other services to the NRTL is capable of doing 
so, and that the relationship between the NRTL and the organization 
does not compromise the NRTL's independence.
    <bullet> The NRTL shall be able to demonstrate that each 
organization it employs is capable of providing data, product 
evaluations, or other services that meet, or exceed, the quality of 
those provided by the NRTL.
    <bullet> The NRTL shall maintain reports of its assessments of such 
organizations; these assessments shall conform to appropriate national 
standards and international guides.
    <bullet> The NRTL shall have a documented surveillance program to 
ensure continued compliance with the NRTL's qualification procedures; 
this surveillance program shall be consistent with the appropriate 
national standards and international guides.
    <bullet> The NRTL shall not be economically affiliated with any of 
these outside organization.
    Procedures and specific criteria for each, were then developed from 
the basic principles. These principles, wherever they are applicable, 
shall be an integral requirement of the following procedures.

1. The Basic Procuredure--All Product Testing and Evaluation is 
Performed In-House by NRTL That Will Certify the Product

    This is the basic procedure utilized by an NRTL under conditions 
where it is feasible. The first and second basic principles are 
applicable to this procedure. [[Page 12983]] 

2. Acceptance of Testing Data From Independent Organizations, Other 
Than NRTLS

    As was noted previously in reference to the preamble to the final 
rule, OSHA anticipated that most testing by an NRTL would be done in-
house, but did not make this a requirement of the standard. 
Subcontracting out of some of the tests was anticipated by OSHA, when 
it noted that the laboratory actually doing the work must have the 
necessary capability to conduct the tests, and the laboratory applying 
for recognition would retain primary responsibility for fulfilling the 
requirements of the standard and complying with the procedures set out 
in Appendix A.
    An NRTL may accept testing conducted by an independent organization 
provided the following criteria are complied with:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall review each test package and complete the 
product evaluations required by the test standards.
    <bullet> The NRTL shall ensure that all data in the test data 
package originated with an organization that the NRTL qualified.
    The NRTL shall ensure that each organization providing testing data 
is capable of conducting the test and that the relationship between the 
NRTL and the organization does not compromise the NRTL's independence.
    <bullet> The NRTL shall have a written program for assessing the 
qualification of the organization to perform testing for each product 
type it may be required to test.
    <bullet> This qualification program shall include procedures for 
evaluating the organization's independence, facilities, utilities, 
environmental controls, personnel, testing and calibration equipment, 
written testing procedures, calibration procedures, quality assurance 
program, and other elements as outlined in the appropriate national 
concensus standards and international guides.

3. Acceptance of Product Evaluations From Independent Organizations, 
Other Than NRTLS

    Although no clear distinction between testing and evaluation is 
made in the final rule (29 CFR 1910.7), such distinction exists.
    Many NRTLs utilize outside organizations for specific or unique 
tests. In these instances, the NRTL stipulates the tests and defines 
the testing procedures to be utilized and, finally, evaluates the test 
results to determine conformance of the product to the product standard 
and certifies the product where it does conform.
    In this type procedure, the outside organization both tests and 
evaluates the results of the tests to determine conformance of a 
product to a standard, and them issues a test and evaluation report to 
the NRTL. The NRTL, in return, weighs the report for validity and 
conformance of the product to the product standard in order to decide 
whether the product is certifiable.
    Authorization for an NRTL to accept product evaluations 
significantly expands the scope of the services which may be provided 
to the NRTL from an outside source. Acceptance of product evaluations 
will require the NRTL to establish a more formalized, long-term 
relationship with the independent organization to acquire confidence in 
its evaluation procedures.
    An NRTL may accept product evaluations prepared by an independent 
organization provided the following criteria, in addition to the 
requirements in Procedure 1, are complied with:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall review each evaluation package, and 
complete the product evaluations required by the test standards before 
the product certification is issued.
    <bullet> The NRTL shall ensure that evaluations are obtained from 
an organization which it has qualified.
    <bullet> The NRTL shall ensure that data relied upon have been 
developed under the program established by the NRTL.
    <bullet> The NRTL shall require the organization to establish and 
maintain a system to document technical correspondence and test 
standard interpretations.
    <bullet> The NRTL shall assure that the organization, in preparing 
the evaluation package, follows the written procedures established by 
the NRTL.
    The NRTL shall ensure that each organization providing product 
evaluations is capable of conducting the tests and performing the 
evaluations, and that the relationship between the NRTL and the 
organization does not compromise the NRTL's independence.
    <bullet> The NRTL's qualification program shall be used to assess 
the organization's procedures and personnel to determine its 
qualifications relative to each product type it may be asked to 
evaluate.
    <bullet> The qualification program shall establish a minimum period 
and level of mutual effort between the NRTL and the organization for 
confidence-building. During this period the NRTL will witness 
evaluations, verify the evaluations through inter-organizational 
comparisons, and validate the competence of personnel to perform 
product evaluations.

4. Acceptance of Witnessed Testing Data

    This procedure involves technical personnel from the NRTL 
witnessing product testing generally carried out at a location other 
than that of the NRTL. The organization carrying out the tests may or 
may not be independent.
    The majority of testing witnessed by representatives of the NRTL is 
consistent with the statement in the preamble to the final rule that * 
* * in some cases, laboratories may wish to subcontract out the testing 
of a certain product or aspect thereof due to unique or special testing 
needs.
    Representatives of an NRTL may witness testing provided the 
following criteria are complied with:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall train its own personnel to take an active 
role in witnessing each phase of the tests.
    <bullet> This training shall include specific testing procedures 
for each product type the trainees may witness.
    The NRTL shall assure that the organization providing the testing 
data is capable of conducting the tests and that the relationship 
between the NRTL and the organization does not compromise the NRTL's 
independence.
    <bullet> The NRTL shall have a written program for assessing the 
qualification of the organization to perform testing for each product 
type it may be required to test.
    <bullet> This qualification program shall include procedures for 
evaluating the outside organization's facilities, utilities, personnel, 
testing and calibration equipment, written testing procedures, 
calibration procedures, environmental controls, and other elements as 
outlined in the appropriate national consensus standards and 
international guides.
    <bullet> The NRTL shall qualify the outside organization using the 
NRTL's own staff.

5. Acceptance of Testing Data From Non-Independent Organizations

    This program involves test data generated by an organization that 
has a vested interest in the outcome of the test results.
    Data submitted under this program shall not include products 
intended for use in hazardous (classified) locations 
[[Page 12984]] (see 29 CFR 1910.307). A substantial number of tests of 
products intended for use in hazardous locations involves subjective 
analysis and have levels of complexity well beyond that required for 
tests of products meant for use only in ordinary locations.
    An NRTL may accept testing conducted by a non-independent 
organization provided the following criteria are complied with, in 
addition to the requirements in Procedure 1, with the exception for the 
need to document the independence of the organization:
    The NRTL shall establish procedures and maintain records which will 
demonstrate that the test data are unbiased.
    The NRTL shall ensure that the organization providing the data is 
capable of conducting the tests and that the relationship between the 
NRTL and the organization does not compromise the NRTL's independence.
    <bullet> The NRTL's qualification procedures shall establish a 
minimum time period for confidence-building. During this period the 
NRTL will witness tests and verify them by duplicate testing at the 
NRTL's facility.
    <bullet> The NRTL's surveillance program shall include annual site 
evaluations, review of test packages, random samples and retests by the 
NRTL, and other controls outlined in the appropriate national standards 
and international guides.

6. Acceptance of Evaluation Data From Non-Independent Organizations 
(Requiring NRTL Review Prior To Marketing)

    This type of procedure enables an organization to evaluate a 
product in which it has a vested interest. However, the product shall 
not be released to the market until the NRTL has reviewed and concurred 
with the evaluation.
    An NRTL may accept product evaluations prepared by a nonindependent 
organization provided the following criteria are complied with:
    Except for the requirement for independence, the specific program 
criteria in Procedures 1, 2, and 4 shall apply to product evaluations 
by non-independent organizations. The following additional program 
criteria shall also be required:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall establish and maintain records of procedure 
and product deficiencies identified, and the corrective actions taken 
by it and the organization.
    <bullet> The NRTL shall establish and maintain a program to monitor 
and confirm the organization's evaluations.
    <bullet> The NRTL shall assure that no product is released to the 
market until it has verified the organization's testing data and 
concurred with its evaluation of the product.
    The NRTL shall assure that each organization providing data and 
evaluations is capable of performing these functions and that the 
relationship between the NRTL and the organization does not compromise 
the NRTL's independence.
    <bullet> The NRTL shall establish and maintain records that 
demonstrate that the organization continues to be proficient in testing 
and evaluation.
    <bullet> The NRTL shall demonstrate that the organization's 
laboratory has sustained the quality of its performance in testing 
before being considered for this program.

7. Acceptance of Continued Certification After Minor Product 
Modifications by the Manufacturer

    This type of procedure would allow a manufacturer to make minor 
changes to a certified product, test and evaluate the change or 
changes, and continue to use the certification mark on the modified 
product.
    With all the controls in place and a clear understanding of what a 
``minor'' product modification encompasses, there should be no reason 
to consider this procedure as not falling within the scope of the NRTL 
program. A minor product modification is one which involves the use of 
an interchangeable component in a previously accepted product. Examples 
are the substitution of an equivalent switch from a different 
manufacturer, or the replacement of a motor with a comparable one of 
different horsepower.
    An NRTL may accept minor product modifications from a manufacturer 
without requiring recertification provided the following criteria, as 
well as the criteria in Procedures 1, 2, 4, and 5 (except for the 
requirements for independence), are complied with:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall clearly define what is meant by ``minor'' 
modifications.
    <bullet> The NRTL shall review each test and evaluation report for 
each product modification.
    The NRTL shall assure that each manufacturer providing the test 
data and evaluation is capable of conducting the tests and making the 
product evaluations, and that the relationship between the NRTL and the 
organization does not compromise the NRTL's independence.
    <bullet> The NRTL shall demonstrate that the client has sustained 
the quality of its performance in both testing and product evaluation 
before being considered for this program.

8. Acceptance of Product Evaluations From Organizations That Function 
As Part of the International Electrotechnical Commission Certification 
Body (IEC-CB) Scheme

    The IEC-CB scheme authorizes organizations accredited as certified 
bodies to exchange product test data and evaluation reports with each 
other.
    An NRTL may accept product evaluations from organizations that are 
part of the IEC-CB scheme provided the following criteria are complied 
with:
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall physically evaluate each product.
    <bullet> The NRTL shall review each test and evaluation report and 
certificate of certification to determine that the correct nationally 
recognized standards has been used to test the product and, where 
applicable, that the US deviations have been properly applied.
    <bullet> The NRTL shall have written procedures for the evaluation 
of products, and for the interpretation of any results.
    <bullet> The NRTL shall establish records that demonstrate that the 
organizations furnishing test and evaluation reports continue to be 
competent. These records will include documentation to demonstrate that 
the organization understands the US deviations and has correctly 
applied them.
    <bullet> The NRTL shall determine that the components used in the 
product are tested to a standard comparable to the appropriate 
nationally recognized standard.
    <bullet> The NRTL shall determine that components used in the 
product have been certified through an appropriate regulatory 
authority's scheme, and that the scheme includes routine evaluation of 
the manufacturer's process.

9. Acceptance of Services (Other Than Testing or Evaluation) Performed 
by Subcontractors or Agents

    Services under this heading include follow-up activities, 
calibration activities, and equipment maintenance accomplished by 
subcontractors or agents.
    Athough there do not appear to be any references in 29 CFR 1910.7 
or in the preamble to the final rule that specifically address this 
issue, testing [[Page 12985]] laboratories, including the larger 
organizations, have historically contracted for certain activities. 
Most common are activities such as repair and calibration of test and 
measurement instrumentation, security services, and quality system 
accreditation. Assuming proper controls for such activities by the 
NRTL, they should not affect the ability of the NTRL to produce 
credible findings. It was never OSHA's intent to discourage or limit 
activities such as the use of national or international standards for 
quality assurance qualification and registration of a manufacturer by 
organizations other than the NRTL. Such accreditation and services can 
be useful tools for an NRTL as long as the NRTL retains ultimate 
control and responsibility.
    The NRTL shall retain control of, and responsibility for, all 
aspects of the product certification scheme.
    <bullet> The NRTL shall assure that subcontractors or agents 
performing service which may affect the certification of a product have 
been assessed and qualified by the NRTL.
    <bullet> The NRTL shall assure that subcontractors agents use the 
follow-up procedures established by the NRTL.
    <bullet> The NRTL shall maintain records of the results of the 
follow-up visits.
    The NRTL shall assure that each agent or subcontractor providing a 
service is capable of performing that service and that the relationship 
between the agent or subcontractor does not compromise the NRTL's 
independence.
    <bullet> The NRTL shall be able to demonstrate that all 
subcontractors and agents are capable of providing services equivalent 
to that provided by the NRTL.
    <bullet> The NRTL shall have written procedures to qualify 
subcontractors or agents, to monitor their performance, to communicate 
effectively with them, and to maintain manufacturer confidentiality.
    <bullet> The NRTL's qualification rpocedures shall include: 
qualification requirements; the subcontractor's or agent's quality 
assurance and self-auditing programs; the NRTL's monitoring program; 
and the documentation requirements for both the NRTL and the 
subcontractor or agent.
    <bullet> The NRTL's records shall include documentation to 
demonstrate that the subcontractor or agent complies with the NRTL's 
program.
    <bullet> The NRTL shall use its own staff to qualify the 
subcontractor or agent.
    <bullet> The NRTL shall have the means to ensure that only follow-
up inspectors who are qualified for the task are utilized.
    <bullet> The NRTL's surveillance program shall include routine 
audits of the facilities, staff, and procedures involved in its follow-
up program.
    <bullet> The follow-up procedures in foreign countries shall be as 
stringent as those required in the US.
    <bullet> The follow-up program shall include an initial assessment 
of the manufacturers' procedures, the quality control system, 
maintenance procedures, recordkeeping and other elements from the 
appropriate national standards and international guides.
    <bullet> The follow-up program shall have the capability to 
identify variations in the manufacturers' ability to control the 
quality of production.
    <bullet> The NRTL shall periodically inspect samples of products 
for compliance.

The Use of An ``NRTL'' Certification Mark for Products Tested and 
Certified In Accordance With OSHA's Requirements

    OSHA has received requests from several NRTL participants to 
initiate action that would implement a requirement for the use of a 
unique mark for the NRTL certified products. As a result of these 
requests, OSHA will publish a separate document in the Federal Register 
explaining how such a program may be implemented, as well as describing 
the requirements which are considered to be part of such a program.
    In this separate document, OSHA will request comments on the 
advantages and disadvantages of implementing such a program and invite 
suggestions as to the proper approach OSHA should take. The document 
will include the concerns of the Agency and will seek public 
information that will enable it to determine the appropriate action.

Authority

    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).

    Signed at Washington, DC, this 3rd day of March 1995.
Joseph A. Dear,
Assistant Secretary.
[FR Doc. 95-5780 Filed 3-8-95; 8:45 am]
BILLING CODE 4510-26-M