['Enforcement and Audits - OSHA']
['Enforcement and Audits - OSHA']
10/16/2024
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(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 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 in advance of the provision of those services. 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 full 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 the full costs periodically 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 full costs for the NRTL Program. If a change is warranted, OSHA will follow the implementation shown 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.
(4) OSHA will implement periodic review, and fee assessment, collection, and payment, as follows:
| Milestones/Dates | Action Required |
|---|---|
| I. Periodic Review of Fee Schedule | |
| When review completed | OSHA will publish any proposed new fee schedule in the Federal Register if OSHA determines that costs warrant changes in the fee schedule. |
| Fifteen days after publication | Comments due on the proposed new fee schedule. |
| When OSHA approves the fee schedule | OSHA will publish the final fee schedule in the Federal Register, making the fee schedule effective on a specific date. |
| II. Application Processing Fees | |
| Time of application | Applicant must pay the applicable fees in the fee schedule that are due when submitting an application; OSHA will not begin processing the application until it receives the fees. |
| Before assessment performed | Applicant must pay the estimated staff time and travel costs for its assessment based on the fees in effect at the time of the assessment. Applicant also must pay the fees for the final report and Federal Register notice, and other applicable fees, as specified in the fee schedule. OSHA may cancel an application if the applicant does not pay these fees, or any balance of these fees, when due. |
| III. Audit Fees | |
| Before audit performed | NRTL must pay the estimated staff time and travel costs for its audit based on the fees in effect at the time of the audit. NRTL also must pay other applicable fees, as specified in the fee schedule. After the audit, OSHA adjusts the audit fees to account for the actual costs for travel and staff time. |
| On due date | NRTL must pay the estimated audit fees, or any balance due, by the due date established by OSHA; OSHA will assess a late fee if NRTL does not pay audit fees (or any balance of fees due) by the due date. OSHA may still perform the audit when an NRTL does not pay the fees or does not pay them on time. |
| Thirty days after due date or, if earlier, date NRTL refuses to pay | OSHA will begin processing a notice for publication in the Federal Register announcing its plan to revoke recognition for NRTLs that do not pay the estimated audit fees and any balance of audit fees due. |
Note: For the purposes of 29 CFR 1910.7(f)(4), “days” means “calendar days,” and “applicant” means “the NRTL” or “an applicant for NRTL recognition.”
(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
[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; 76 FR 10515 Feb. 25, 2011]
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