82 FR 16856 - Bay Area Compliance Laboratories Corp.: Grant of Recognition as a Nationally Recognized Testing Laboratory

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 65 (April 6, 2017)

In this notice, OSHA announces its final decision to grant recognition to Bay Area Compliance Laboratories Corp. as a Nationally Recognized Testing Laboratory (NRTL) .

[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16856-16858]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06870]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2016-0022]


Bay Area Compliance Laboratories Corp.: Grant of Recognition as a 
Nationally Recognized Testing Laboratory

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to grant 
recognition to Bay Area Compliance Laboratories Corp. as a Nationally 
Recognized Testing Laboratory (NRTL) .

DATES: Recognition as a NRTL becomes effective on April 6, 2017.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is 
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office 
of Communications, U.S. Department of Labor, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Director, Office of Technical Programs and Coordination Activities, 
Directorate of Technical Support and Emergency Management, Occupational 
Safety and Health Administration, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: 
(202) 693-2110; email: [email protected]. OSHA's Web page includes 
information about the NRTL Program (see http://

[[Page 16857]]

www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that a NRTL test and 
certify certain types of equipment as safe for use in the workplace. 
NRTLs are independent laboratories that meet OSHA's requirements for 
performing safety testing and certification of products used in the 
workplace. To obtain and retain OSHA recognition, the NRTLs must meet 
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More 
specifically, to be recognized by OSHA, an organization must: (1) Have 
the appropriate capability to test, evaluate, and approve products to 
assure their safe use in the workplace; (2) be completely independent 
of employers subject to the tested equipment requirements, and 
manufacturers and vendors of products for which OSHA requires 
certification; (3) have internal programs that ensure proper control of 
the testing and certification process; and (4) have effective reporting 
and complaint handling procedures. Recognition is an acknowledgement by 
OSHA that the NRTL has the capability to perform independent safety 
testing and certification of the specific products covered within the 
NRTL's scope of recognition, and is not a delegation or grant of 
government authority. Recognition of a NRTL by OSHA also allows 
employers to use products certified by that NRTL to meet those OSHA 
standards that require product testing and certification.
    The Agency processes applications for initial recognition following 
requirements in Appendix A of 29 CFR 1910.7. This appendix requires 
OSHA to publish two notices in the Federal Register in processing an 
application. In the first notice, OSHA announces the application, 
provides its preliminary finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set forth the NRTL's 
scope of recognition.

II. Notice of Final Decision

    OSHA hereby gives notice of the Agency's decision to grant 
recognition to Bay Area Compliance Laboratories Corp. (BACL), as a 
NRTL. According to its application, BACL was incorporated in 1996 to 
provide product compliance testing services to customers in the areas 
of Product Safety, Electromagnetic Compatibility and 
Telecommunications, testing for Emissions, Immunity, Radio, Radio 
Frequency (RF) Exposure and Telecommunications. The non-profit, third-
party, non-governmental accreditation body A2LA accredited BACL for UL 
60950-1, the standard for which BACL requests NRTL recognition. In its 
application, BACL lists the current address of its headquarters as: Bay 
Area Compliance Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, 
California 94089.
    Each NRTL's scope of recognition includes: (1) The type of products 
the NRTL may test, with each type specified by its applicable test 
standard; and (2) the recognized site(s) that have the technical 
capability to perform the product-testing and product-certification 
activities for the applicable test standards within the NRTL's scope of 
recognition. BACL applied for initial recognition as a NRTL on April 
30, 2015, and revised its application on May 12, 2016. In its 
application, BACL requested recognition for one test standard and one 
site (OSHA-2016-0022-0003 and 0004). OSHA published the preliminary 
notice announcing BACL's application for recognition in the Federal 
Register on December 16, 2016 (81 FR 91201). The Agency requested 
comments by January 17, 2017, but it received no comments in response 
to this notice. OSHA now is proceeding with this final notice to grant 
recognition to BACL as a NRTL.
    To obtain or review copies of all public documents pertaining to 
BACL's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2016-0022 contains all materials in the record 
concerning BACL's recognition.

III. Final Decision and Order

    OSHA staff performed a detailed analysis of BACL's application 
packet and reviewed other pertinent information. OSHA staff also 
performed a comprehensive on-site assessment of BACL's testing 
facilities on May 9-11, 2016. Based on its review of this evidence, 
OSHA finds that BACL meets the requirements of 29 CFR 1910.7 for 
recognition as a NRTL, subject to the limitations and conditions listed 
below. OSHA, therefore, is proceeding with this final notice to grant 
recognition to BACL as a NRTL. The following sections set forth the 
scope of recognition included in BACL's grant of recognition.

A. Standards Requested for Recognition

    OSHA limits BACL's scope of recognition to testing and 
certification of products for demonstration of conformance to the test 
standard listed in Table 1 below.

Table 1--Appropriate Test Standard for Inclusion in BACL's NRTL Scope of
                               Recognition
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               Test standard                     Test standard title
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UL 60950-1................................  Information Technology
                                             Equipment-Safety-Part 1:
                                             General Requirement.
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    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials for which OSHA standards require 
third-party testing and certification before using them in the 
workplace. Consequently, if a test standard also covers any products 
for which OSHA does not require such testing and certification, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test standard or the ANSI 
version of that standard. Contact ANSI to determine whether a test 
standard is currently ANSI-approved.

B. Sites Requested for Recognition

    OSHA limits BACL's scope of recognition to include the site at Bay 
Area Compliance Laboratories Corp., 1274 Anvilwood Avenue, Sunnyvale, 
California 94089. OSHA's recognition of this site limits BACL to 
performing product testing and certifications only to the test 
standards for which the site has the proper capability and programs, 
and for the test standard in BACL's scope of recognition. This 
limitation is consistent with the recognition that OSHA grants to other 
NRTLs that operate multiple sites.

C. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
BACL also must abide by the following conditions of the recognition:

[[Page 16858]]

    1. BACL must inform OSHA as soon as possible, in writing, of any 
change of ownership, facilities, or key personnel, and of any major 
change in its operations as a NRTL, and provide details of the 
change(s);
    2. BACL must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. BACL must continue to meet the requirements for recognition, 
including all previously published conditions on BACL's scope of 
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants 
recognition to BACL as an NRTL, subject to these limitations and 
conditions specified above.

IV. Authority and Signature

    Dorothy Dougherty, Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue NW., 
Washington, DC 20210, authorized the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on March 31, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-06870 Filed 4-5-17; 8:45 am]
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