Definition and Requirements for a Nationally Recognized Testing Laboratory

cprice-sewell on DSKDVH8Z91PROD with CFR

Occupational Safety and Health Admin., Labor
(3) NIOSH Recommendations for Occupational Safety and Health Standards (Sept. 1987), IBR approved for
§ 1910.120 PEL definition.
(t) The following material is available for purchase from the Public
Health Service:
(1) U.S. Pharmacopeia, IBR approved
for § 1910.134(d)(1).
(2) Publication No. 934 (1962), Food
Service Sanitation Ordinance and
Code, Part V of the Food Service Sanitation Manual, IBR approved for
§ 1910.142(i)(1).
(u) The following material is available for purchase from the Society of
Automotive Engineers (SAE), 485 Lexington Avenue, New York, NY 10017:
(1) SAE J185, June 1988, Recommended Practice for Access Systems
for Off-Road Machines, IBR approved
for § 1910.266(f)(5)(i).
(2) SAE J231, January 1981, Minimum
Performance Criteria for Falling Object Protective Structure (FOPS), IBR
approved for § 1910.266(f)(3)(ii).
(3) SAE J386, June 1985, Operator Restraint Systems for Off-Road Work Machines,
IBR
approved
for
§ 1910.266(d)(3)(iv).
(4) SAE J397, April 1988, Deflection
Limiting Volume-ROPS/FOPS Laboratory Evaluation, IBR approved for
§ 1910.266(f)(3)(iv).
(5) SAE 765 (1961) SAE Recommended
Practice: Crane Loading Stability Test
Code, IBR approved for § 1910.180
(c)(1)(iii) and (e)(2)(iii)(a).
(6) SAE J1040, April 1988, Performance Criteria for Rollover Protective
Structures (ROPS) for Construction,
Earthmoving, Forestry and Mining Machines,
IBR
approved
for
§ 1910.266(f)(3)(ii).
(v) The following material is available for purchase from the Fertilizer
Institute, 1015 18th Street NW, Washington, DC 20036:
(1) Standard M–1 (1953, 1955, 1957, 1960,
1961, 1963, 1965, 1966, 1967, 1968), Superseded by ANSI K61.1–1972, IBR approved
for § 1910.111(b)(1) (i) and (iii).
(2) [Reserved]
(w) The following material is available for purchase from Underwriters
Laboratories (UL), 207 East Ohio
Street, Chicago, IL 60611:
(1) UL 58–61 Steel Underground Tanks
for Flammable and Combustible Liq-

§ 1910.7

uids, 5th Ed., IBR approved for
§ 1910.106(b)(1)(iii)(a)(1).
(2) UL 80–63 Steel Inside Tanks for
Oil-Burner Fuel, IBR approved for
§ 1910.106(b)(1)(iii)(a)(1).
(3) UL 142–68 Steel Above Ground
Tanks for Flammable and Combustible
Liquids,
IBR
approved
for
§ 1910.106(b)(1)(iii)(a)(1).
[39 FR 23502, June 27, 1974, as amended at 49
FR 5321, Feb. 10, 1984; 61 FR 9231, Mar. 7, 1996;
64 FR 13908, Mar. 23, 1999; 69 FR 18803, Apr. 9,
2004; 70 FR 53929, Sept. 13, 2005; 72 FR 7190,
Feb. 14, 2007; 72 FR 71068, Dec. 14, 2007]

§ 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

99

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00109

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

cprice-sewell on DSKDVH8Z91PROD with CFR

§ 1910.7

29 CFR Ch. XVII (7–1–09 Edition)

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 § 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
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 ×
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.

100

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00110

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

Occupational Safety and Health Admin., Labor

§ 1910.7

(4) OSHA will implement fee assessment, collection, and payment as follows:
Approximate dates

Action required
I. Annual Review of Fee Schedule

November 1 ..............................
November 16 ............................
December 15 ............................

OSHA will publish any proposed new Fee Schedule in the Federal Register, if OSHA determines changes in the schedule are warranted.
Comments due on the proposed new Fee Schedule.
OSHA will publish the final Fee Schedule in the Federal Register, making it effective.
II. Application Processing Fees

Time of application ...................
Publication of preliminary notice

After audit performed ................
30 days after bill date ...............
45 days after bill date ...............
60 days after bill date ...............

Applicant must pay the applicable fees shown in the Fee Schedule when submitting the application; OSHA will not begin processing until fees are received.
Applicant must pay remainder of fees; OSHA cancels application if fees are not paid when
due.
III. Audit Fees
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.
NRTLs must pay audit fees; OSHA will assess late fee if audit fees are not paid.
OSHA will send a letter to the NRTL requesting immediate payment of the audit fees and late
fee
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,
which will be available on the OSHA
web site.
APPENDIX A TO § 1910.7—OSHA RECOGNITION
PROCESS FOR NATIONALLY RECOGNIZED
TESTING LABORATORIES

cprice-sewell on DSKDVH8Z91PROD with CFR

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 § 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 § 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

101

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00111

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

§ 1910.7

29 CFR Ch. XVII (7–1–09 Edition)

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.

cprice-sewell on DSKDVH8Z91PROD with CFR

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.
3. Negative finding by staff.—a. Notification
to applicant. If, after review of the application, any additional information and the onsite 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 § 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
§ 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

102

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00112

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

cprice-sewell on DSKDVH8Z91PROD with CFR

Occupational Safety and Health Admin., Labor
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.
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

§ 1910.7

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 § 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 § 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

103

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00113

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

§ 1910.7

29 CFR Ch. XVII (7–1–09 Edition)

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.

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.

B. Expansion of current 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.

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.

cprice-sewell on DSKDVH8Z91PROD with CFR

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
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

D. Voluntary termination of recognition.

E. Revocation of recognition by OSHA.
1. Potential causes. If an NRTL either has
failed to continue to substantially satisfy
the requirements of § 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

104

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00114

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113

Occupational Safety and Health Admin., Labor
because the NRTL is not meeting the requirements for recognition, has not been reasonably performing the product testing functions as required by § 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]

cprice-sewell on DSKDVH8Z91PROD with CFR

§ 1910.8 OMB control numbers under
the Paperwork Reduction Act.
The following sections or paragraphs
each contain a collection of information requirement which has been approved by the Office of Management
and Budget under the control number
listed.
29 CFR citation

OMB control No.

1910.7 ..................................................................
1910.23 ................................................................

1218–0147
1218–0199

§ 1910.8
29 CFR citation

OMB control No.

1910.66 ................................................................
1910.67(b) ...........................................................
1910.68 ................................................................
1910.95 ................................................................
1910.111 ..............................................................
1910.119 ..............................................................
1910.120 ..............................................................
1910.132 ..............................................................
1910.134 ..............................................................
1910.137 ..............................................................
1910.142 ..............................................................
1910.145 ..............................................................
1910.146 ..............................................................
1910.147 ..............................................................
1910.156 ..............................................................
1910.157(e)(3) .....................................................
1910.157(f)(16) ....................................................
1910.177(d)(3)(iv) ................................................
1910.179(j)(2)(iii) and (iv) ....................................
1910.179(m)(1) and (m)(2) ..................................
1910.180(d)(6) .....................................................
1910.180(g)(1) and (g)(2)(ii) ................................
1910.181(g)(1) and (g)(3) ....................................
1910.184(e)(4), (f)(4) and (i)(8)(ii) .......................
1910.217(e)(1)(i) and (ii) .....................................
1910.217(g) .........................................................
1910.217(h) .........................................................
1910.218(a)(2)(i) and (ii) .....................................
1910.252(a)(2)(xiii)(c) ..........................................
1910.255(e) .........................................................
1910.266 ..............................................................
1910.268 ..............................................................
1910.269 ..............................................................
1910.272 ..............................................................
1910.302 ..............................................................
1910.303 ..............................................................
1910.304 ..............................................................
1910.305 ..............................................................
1910.306 ..............................................................
1910.307 ..............................................................
1910.308 ..............................................................
1910.420 ..............................................................
1910.421 ..............................................................
1910.423 ..............................................................
1910.430 ..............................................................
1910.440 ..............................................................
1910.1001 ............................................................
1910.1003 ............................................................
1910.1004 ............................................................
1910.1006 ............................................................
1910.1007 ............................................................
1910.1008 ............................................................
1910.1009 ............................................................
1910.1010 ............................................................
1910.1011 ............................................................
1910.1012 ............................................................
1910.1013 ............................................................
1910.1014 ............................................................
1910.1015 ............................................................
1910.1016 ............................................................
1910.1017 ............................................................
1910.1018 ............................................................
1910.1020 ............................................................
1910.1025 ............................................................
1910.1026 ............................................................
1910.1027 ............................................................
1910.1028 ............................................................
1910.1029 ............................................................
1910.1030 ............................................................
1910.1043 ............................................................
1910.1044 ............................................................
1910.1045 ............................................................
1910.1047 ............................................................

1218–0121
1218–0230
1218–0226
1218–0048
1218–0208
1218–0200
1218–0202
1218–0205
1218–0099
1218–0190
1218–0096
1218–0132
1218–0203
1218–0150
1218–0075
1218–0210
1218–0218
1218–0219
1218–0224
1218–0224
1218–0221
1218–0221
1218–0222
1218–0223
1218–0229
1218–0070
1218–0143
1218–0228
1218–0207
1218–0207
1218–0198
1218–0225
1218–0190
1218–0206
1218–0256
1218–0256
1218–0256
1218–0256
1218–0256
1218–0256
1218–0256
1218–0069
1218–0069
1218–0069
1218–0069
1218–0069
1218–0133
1218–0085
1218–0084
1218–0086
1218–0083
1218–0087
1218–0089
1218–0082
1218–0090
1218–0080
1218–0079
1218–0088
1218–0044
1218–0081
1218–0010
1218–0104
1218–0065
1218–0092
1218–0252
1218–0185
1218–0129
1218–0128
1218–0180
1218–0061
1218–0101
1218–0126
1218–0108

105

VerDate Nov<24>2008

13:35 Aug 19, 2009

Jkt 217113

PO 00000

Frm 00115

Fmt 8010

Sfmt 8010

Y:\SGML\217113.XXX

217113