*Last week I had the honor of presenting to the IEEE PSES Virtual Chapter where I discussed OSHA's Nationally Recognized Testing Laboratory (NRTL) Program. There were a number of questions that were asked that I was unable to get to, so I wanted to share the questions and answers below.*
*A note - As I am posting this from my personal account and these answers have not been reviewed by OSHA Legal Counsel or agency leadership, these answers reflect my own personal opinion and do not necessarily reflect the opinion of OSHA. For more official responses to these or any questions, please contact me at robinson.ke...@dol.gov <robinson.ke...@dol.gov> * *QUESTION:* This is a very good topic as our European colleagues understand CE marking but get confused with NRTL requirements. Does OSHA feel CE is not enough and that the additional NRTL requirements are mandatory for the USA. Any plans to harmonize with the EU on CE? *ANSWER:* OSHA Explored this in 2008 in the form of a Request for Information. You can view the original request and comments from the public at: https://beta.regulations.gov/docket/OSHA-2008-0032/document OSHA’s final decision on this matter can be found at: https://beta.regulations.gov/document/OSHA-2008-0032-0099 *QUESTION:* How does OSHA ensure competency to the older (non-IEC) UL standards overseas? For example, there was a lawsuit against [a NRTL] that they lost, where the expertise for the standards were present in the US, but not by those overseas that were actually doing the work. We have seen subpar work coming from overseas often. Does OSHA consider the current system sufficient in this regard to oversee these overseas efforts? How does OSHA determine competency when it is not using the standards itself and doesn't evaluate products? *ANSWER:* OSHA conducts regular assessments of NRTL locations around the world and as we increase staffing, we are increasing the number of assessments we do every year. In addition, we regularly review complaints that come into the NRTL Program office as well as complaints and incidents that may be received by the NRTL. If OSHA notes a deficiency during an assessment, the NRTL is given an opportunity to correct the deficiency. In the rare instance that a NRTL is unable to adequately address the deficiency OSHA will take the necessary corrective action up to and including reduction in the NRTL’s scope of recognition to remove the sites(s) that present a problem or full revocation of NRTL recognition. Thankfully this is very rare. *QUESTION:* What are the occupational safety provisions of the NEC? E.g., is it the whole document or just certain sections. If the latter, which ones? *ANSWER:* OSHA Regulations largely refer to NFPA 70E which applies directly to the workplace. That said, many of the test standards recognized under the NRTL Program reference the NEC (NFPA 70) and as the NEC addresses electrical equipment and installations in the workplace it would apply. Local AHJs largely enforce the NEC. *QUESTION:* There appears to be a misunderstanding by many that NRTL approval only applies to to AC powered equipment (110V). It applies to DC & low voltage AC as well, correct? *ANSWER:* OSHA regulations, specifically Subpart S of the Occupational Safety and Health Act https://www.osha.gov/laws-regs/regulations/standardnumber/1910 applies to “Utilization Equipment” https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.302 . Utilization Equipment is defined as “Equipment that utilizes electric energy for electronic, electromechanical, chemical, heating, lighting, or similar purposes.” https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.399 . This is a very broad definition which does not limit the equipment based on voltage, current draw, or type of power source. *QUESTION:* For UL traditionally, the word Listed and unique mark relative to UL Recognition for components has been used. Local ordinances will often specify Listing (not certifications or approvals). Most NRTLs have the same marks for components and end products, without specifying Listing; does OSHA consider this acceptable? Also, native European certification bodies use certificates as the basis of certification, and the mark is not required to be on the product, but are still considered approved. It seems the presence of the Mark on the product, which has been the US way over the years has been changing with infusion of other NRTLs. Is the Mark on the product required to prove the product complies, or is a certificate? Is the word Listed not required for other NRTLs and UL is just being more thorough? *ANSWER:* The NRTL Program applies only to end product certifications. “Components” (ex. open frame power supplies, transformers, wiring printed wiring boards and others) typically do not fully address all of the safety requirements in the applicable test standard and some hazards have not been fully investigated as part of the certification. Certain conditions are placed on component certifications that must be addressed in the end product. Components not integrated into, or evaluated as part of an end product certification are incomplete and are therefore not acceptable to OSHA. OSHA determines an installation or equipment is acceptable to the Assistant Secretary of Labor, and approved within the meaning of Subpart S of the Occupational Safety and Health Act: (1) If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory recognized pursuant to § 1910.7; or (2) With respect to an installation or equipment of a kind that no nationally recognized testing laboratory accepts, certifies, lists, labels, or determines to be safe, if it is inspected or tested by another Federal agency, or by a State, municipal, or other local authority responsible for enforcing occupational safety provisions of the National Electrical Code, and found in compliance with the provisions of the National Electrical Code as applied in this subpart; or (3) With respect to custom-made equipment or related installations that are designed, fabricated for, and intended for use by a particular customer, if it is determined to be safe for its intended use by its manufacturer on the basis of test data which the employer keeps and makes available for inspection to the Assistant Secretary and his authorized representatives. The NRTL Program Directive (Annex B 4.1B) requires the certification mark of a NRTL to be applied to the product unless the size of the product makes applying the mark impossible https://www.osha.gov/sites/default/files/enforcement/directives/CPL_01-00-004.pdf *QUESTION:* Does OSHA recognize (or more importantly...approve) the widely used Field evaluation process conducted by some NRTLs? If not, then why not? If the Field evaluation is conducted whereby OSHA does not recognize this process, is it assumed that the product is not compliant 'federally' but 'accepted/compliant' locally? *ANSWER:* OSHA regulations do not address what are typically referred to as “Field Evaluations” or “Field Inspections”. Field evaluations/inspections are typically non-destructive investigations that address only a portion of the requirements in a specific test standard. The work is typically done at the location of the end installation and is often done on unique or one of a kind pieces of equipment. Kevin Robinson - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://www.ieee-pses.org/list.html (including how to unsubscribe) List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <sdoug...@ieee.org> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
