Jim,
You have received valid interpretation of the law in the USA.
Unfortunately, it doesn't quite resolve the situation for you.
Because of the peculiarity of the US system, at every level US
lawmakers are quick to pass a law to fix almost any problem. They rarely,
however, make funds available for enforcement; enforcement is expected to
come from the budget of the appropriate agency looking after those things.
This produces the conundrum noted. Employers have widely ranging
practices regarding buying NRTL certified equipment for the workplace.
Enforcement is prioritized by agencies. The law will be enforced if
there is a serious violation, especially if a death in the workplace is
involved (or outside the workplace, too, for that matter). Once an
investigation is opened by any agency - from the local fire or police dept
upwards - everything is in play. Even if there is no criminal wrongdoing a
civil suit can be brought against the employer for wrongful death (or
whatever) and unsafe equipment will move the responsibility from the
employer to the equipment manufacturer. Much of the enforcement is left up
to the justice system - a costly and time consuming process.
Regarding John Woodgate's comment; any Euro lab can become an NRTL
(and several have). Once that is done they can apply the NRTL mark so that
there is no place for CE marking in this system (much to the chagrin of
non-US manufacturers and test houses). The WTO not withstanding, the NRTL
mark is the only recognized mark in the US. What is it worth to your
company to try to defend your Manufacturer's Declaration of Conformity as
being sufficient in open court? Why should the court believe that you
didn't tilt the certification requirements enough in your own direction to
allow a dangerous piece of equipment into the market?
My ongoing advice to manufacturers selling in the US is to get the
proper NRTL marking for your own protection.
:>) br, Pete
Peter E Perkins, PE
Principal Product Safety Engineer
PO Box 23427
Tigard, ORe 97281-3427
503/452-1201 fone/fax
[email protected]
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