LABELED AND LISTED, NEC® AND OSHA

The following was provided by Mr. Tarry Baker, Chief Code Compliance Officer (Electrical) Broward County Florida, (Ft. Lauderdale), tbaker@broward.org , 1-954-760-4500 X230.

National Electrical Code

NEC, Section 90.7. Examination of Equipment for Safety
For specific items of equipment and materials referred to in this Code, examinations for safety made under standard conditions will provide a basis for approval where the record is made generally available through promulgation by organizations properly equipped and qualified for experimental testing, inspections of the run of goods at factories, and service-value determination through field inspections. This avoids the necessity for repetition of examinations by different examiners, frequently with inadequate facilities for such work, and the confusion that would result from conflicting reports as to the suitability of devices and materials examined for a given purpose. It is the intent of this Code that factory-installed internal wiring or the construction of equipment need not be inspected at the time of installation of the equipment, except to detect alterations or damage, if the equipment has been listed by a qualified electrical testing laboratory that is recognized as having the facilities described above and that requires suitability for installation in accordance with this Code.
FPN No. 1: See requirements in Section 110.3.
FPN No. 2: Listed is defined in Article 100.

NEC, Article 100 -- Definitions
Approved. Acceptable to the authority having jurisdiction (AHJ).

Identified (as applied to equipment). Recognizable as suitable for the specific purpose, function, use, environment, application, etc., where described in a particular Code requirement.
FPN: Suitability of equipment for a specific purpose, environment, or application may be determined by a qualified testing laboratory, inspection agency, or other organization concerned with product evaluation. Such identification may include labeling or listing. (See definitions of Labeled and Listed.)

Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.

Listed. Equipment, materials, or services included in a list published by an organization that is acceptable to the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing states that either the equipment, material, or services meets identified standards or has been tested and found suitable for a specified purpose.
FPN: The means for identifying listed equipment may vary for each organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. Use of the system employed by the listing organization allows the authority having jurisdiction to identify a listed product.

NEC, Section 110.2. Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved.
FPN: See Examination of Equipment for Safety, Section 90.7, and Examination, Identification, Installation, and Use of Equipment, Section 110.3. See definitions of Approved, Identified, Labeled, and Listed.

Occupational Safety and Health Administration (OSHA)

OSHA 29 CFR 1910.303 & 339, 1926.403B Definitions
(OSHA) Accepted. An installation is accepted if it has been inspected and found by a Nationally Recognized Testing Laboratory (NRTL) to conform to specified plans or to procedures of applicable codes.

(OSHA) Certified. Equipment is certified if it :

(a) Has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner.
(b) Is of a kind whose production is periodically inspected by a nationally recognized testing laboratory.
(c) It bears a label, tag, or other record of certification.

(OSHA) Labeled. Equipment is labeled if there is attached to it a label, symbol, or other identifying mark of a nationally recognized testing laboratory which:

(a) Makes periodic inspections of the production of such equipment.
(b) Whose labeling indicates compliance with nationally recognized standards or tests to determine safe use in a specified manner.

(OSHA) Listed. Equipment is listed if it is of a kind mentioned in a list which:

(a) Is published by a nationally recognized laboratory which makes periodic inspection of the production of such equipment and.
(b) States such equipment meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

NEC, Section 1103 Examination, Identification, Installation, and Use of Equipment.
(a) Examination. In judging equipment, considerations such as the following shall be evaluated:

1. Suitability for installation and use in conformity with the provisions of this Code
FPN: Suitability of equipment use may be identified by a description marked on or provided with a product to identify the suitability of the product for a specific purpose, environment, or application. Suitability of equipment may be evidenced by listing or labeling.
2. Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided
3. Wire-bending and connection space
4. Electrical insulation
5. Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service
6. Arcing effects
7. Classification by type, size, voltage, current capacity, and specific use
8. Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment

OSHA & NEC 1999, Section 110.3 (B) Installation and Use.
Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.

Occupational Safety and Health Administration (OSHA)
National Recognized Testing Laboratories (NRTL) Program

Background
Many of OSHA's safety standards require equipment or products that are going to be used in the workplace to be tested and certified to help ensure they can be used safely. Products or equipment that have been tested and certified must have a certification mark on them. An employer may rely on the certification mark, which shows the equipment or product has been tested and certified in accordance with OSHA requirements. In order to ensure that the testing and certification has been done appropriately, OSHA has implemented the NRTL Program. The NRTL Program establishes the criteria that an organization must meet in order to be recognized as an NRTL.

The NRTL Program requirements are in 29 CFR 1910.7, "Definition and requirements for a nationally recognized testing laboratory." 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 the manufacturers, vendors, and users of the products for which OSHA requires certification;
(3) Have internal programs that ensure proper control of the testing and certification process; and
(4) Establish effective reporting and complaint handling procedures.

OSHA requires NRTL applicants (i.e., organizations seeking initial recognition as an NRTL) to provide detailed information about their programs, processes and procedures in writing when they apply for initial recognition. OSHA reviews the written information and conducts on-site assessments to determine whether the organization meets the requirements. OSHA uses a similar process when an NRTL (i.e., an organization already recognized) applies for expansion or renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain their programs.

The NRTL Program is an effective public and private partnership. Rather than performing testing and certification itself, OSHA relies on private sector organizations to accomplish it. This helps to ensure worker safety, allows existing private sector systems to perform the work, and avoids the need for the government to maintain facilities.

Currently, there are 16 NRTLs operating 40 sites in the U.S., Canada, and the Far East. The NRTL Program has grown significantly in the past few years, both in terms of numbers of laboratories and sites, as well as the number of test standards included in their recognition.

OSHA has devoted significant resources in the last two years to improving the management of the NRTL Program, ensuring its viability, and enhancing its credibility with the public. This has included a process improvement project; audits of all the NRTL sites; reduction of the backlog of applications for recognition, expansion, and renewals; and development of application guidelines and information about our procedures to help people understand the process of NRTL recognition. A web page on the NRTL Program is now available to provide information about the recognized labs and the scope of their recognition, as well as a description of the NRTL Program. We also have prepared a new training program for our compliance staff to increase awareness within the Agency of NRTL requirements.

The size of the NRTL Program, and the amount of work involved in maintaining it, have resulted in large costs for the Agency, both in terms of human resources and in direct costs such as travel. For example, OSHA's goal is to audit every site once a year. This involves about 40 annual visits, given the current number of sites recognized, not only to locations in the U.S. but also to many foreign locations. Time and travel costs are obviously much higher for foreign locations. Because international trade in many of the types of products OSHA requires to be tested and certified is increasing substantially, the Agency anticipates there will be more applications for laboratories or sites in locations outside the U.S. In particular, under the terms of a recent Mutual Recognition Agreement (MRA) with the European Union, a number of European laboratories are expected to submit applications for NRTL recognition.

The number of people who can be assigned to work in a particular area in OSHA, as well as the travel money that can be used, is dependent on the overall funding the Agency receives from Congress in a given year. The potential for reduced funding, leaving OSHA with inadequate money to properly implement the Program, led to discussions about the possibility of assessing fees. Having a consistent funding process related specifically to the time and travel needed to maintain the Program would help OSHA ensure that the NRTL Program can continue to function and can be perceived as a viable and credible part of OSHA's overall approach to workplace safety

U.S. DEPARTMENT OF LABOR
Occupational Safety and Health Administration (OSHA) (202) 693-2110 200 Constitution Avenue, Washington, DC 20210
http://www.osha-slc.gov/dts/otpca/nrtl/index.html

Code of Federal Regulations (CFR) OSHA Standards
OSHA Title 29 CFR Standard Number 1910, Subpart S---- Electrical
OSHA Title 29 CFR Standard Number 1926, Subpart K---- Electrical

Organizations Currently Recognized By OSHA as National Recognized Testing Laboratories (NRTL) As of December 16, 1999

1. Applied Research Laboratories, Inc. (ARL)

2. Canadian Standards International, Inc. (CSA) (800) 463-6727
178 Rexdale Blvd., Etobicoke, (Toronto), Ontario, Canada M9W 1R3
Canada (416) 747-4000 Fax: (416) 747-2475

3. American Gas Association Laboratories (AGA)
International Approval Services (IAS) (Division of CSA)
8501 E. Pleasant Valley Road, Cleveland, Ohio 44131, USA
(216) 524-4990 Fax: (216) 642-3463
2805 Barranca Parkway, Irvine, California 92714, USA
(714) 733-4300 Fax: (714) 733-4320
178 Rexdale Blvd., Etobicoke, (Toronto), Ontario, Canada M9W 1R3

4. Communication Certification Laboratory, Inc. (CCL)

5. Detroit Testing Laboratory, Inc. (DTL)

6. Electro-Test, Inc. (ETI)
5911 Country Lakes Drive, Fort Myers, FL 33905
(941) 693-7100 Fax: (941) 693-7772, Pager: (941) 930-0237,
Miami, Florida (305) 669-0048, Orlando, Florida (407) 246-0058

7. Entela, Inc. Engineering & Testing Laboratories (ENT)
3033 Madison Avenue, SE, Grand Rapids, MI 49548

8. Factory Mutual Engineering Corporation (FMRC)
1151 Boston-Providence Turnpike, Norwood, MA 02062

9. ITS Intertek Testing Services NA Inc. (ITSNA) (formerly ETL)
3933 US Route 11, Industrial Park, Cortland, NY 13045
(800) WorldLab(967-53522)
Orlando, Florida (407) 251-7300 Fax: (407) 251-7310 swilson@etlsemko.com
New York (607) 758-6234 Fax: (607) 756-6699
Duluth, Georgia (678) 775-2400 Fax: (678) 775-2401 www.etlsemko.com
(To verify a product listing Toll Free) (888) 347-5478 Fax: (800) 813-9442 (Toll Free)

10. MET Laboratories, Inc. (MET) (800) 321-4655
914 West Patapsco Avenue, Baltimore MD 21230-3432 www.metlabs.com
Orlando, Florida (888) 638-7755 (Toll Free) (407) 324-0613 Fax: (407) 324-7566
Baltimore, Maryland (410)354-3300 Raleigh, North Carolina (919) 481-9319

11. NSF International (NSF)

12. National Technical Systems, Inc. (NTS)

13. Southwest Research Institute (SWRI)

14. SGS U. S. Testing Company, Inc. (SGSUS) (formerly UST-CA)

15. TUV Rheinland of North America, Inc.
518 Ferdinand Avenue, Deltona, Florida 32738 rstickles@us.tuv.com
Orlando, Florida Direct (407) 688-9998 Fax: (407) 324-1421
TUV (407) 324-3321 Fax: (407) 324-5144 <http://www.tuv.com>
Customer Service: 1-TUV-4410042

16. Underwriters Laboratories, Inc. (UL)
333 Pfingsten Road, Northbrook, Illinois 60062
Tampa, Florida (Local Engineering Services) (813) 882-3118 0r 882-3141 Fax: (813) 882-3009 Research Triangle Park, North Carolina (General Information) mark.c.ode@us.ul.com
(800) 595-9841 (919) 549-1400 Fax: (919) 547-6000
Melville, Long Island, New York (Burglary Alarm Information)
(800) 595-9842 (516) 271-6200 Fax: (516) 271-8259
Northbrook, Illinois (Fire Alarm Information)
(800) 595-9844 (847) 272-8800 Fax: (847) 272-2020 or 272-8129
Santa Clara, California (800) 595-9843 Camas, Washington (800) 595-9845

17. Wyle Laboratories (256) 837-4411 Fax: (256) 721-0144
P.O. Box 0777777 (800 Highway 20 West), Huntsville, Alabama 35807-7777

TMO Update Contributed Editorial
Vol. 18, No 06 Supplement (June >93) Vol. Page C1843 No Page 7

ELECTRICAL INSPECTORS
AND THE
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION (OSHA)

Electrical Inspectors have an ally in enforcing their local regulations and the National Electrical Code where there are requirements for products to be Listed and Labeled in accordance with Section 90-7 of the NEC. Electrical Inspectors are required to assure that all products installed in their jurisdiction are safe and comply with the NEC. To assure this compliance many Inspectors must rely on a label that appears on the product to make their determination of compliance. When the label does not appear the Inspector is usually left with the unpopular option of turning down the product or the installation.

This requires the Electrical Inspector not only to be very observant about the installation he/she is inspecting but also the products that are being installed. Additionally, he/she must also determine that the label is acceptable in his/her jurisdiction and the product is compliant with Section 110-3b of the NEC. If an unlisted product goes undetected and it is a Hazard, the Electrical Inspector could be held accountable. This is an unreasonable burden to be place on an inspector.

OSHA Electrical Standard (Subpart S) requires that all electrical products installed in the work place be listed, labeled or otherwise determined to be safe by a Nationally Recognized Testing Laboratory (NRTL). OSHA places the responsibility of this squarely on the Employer. OSHA, defines the building owner, facility or property owner as the employer.

The Electrical Inspector can require the contractor to remove an item not labeled in accordance with Section 90-7 or prevent the facility from opening, etc. OSHA, however can impose fines on the Employer of $7,000.00 to $70,000.00 for each violation. Often the Employer does not even know that a violation exists. OSHA’s involvement would be more effective than the authority a inspector may exert and would also be a major benefit in assisting an inspector with his/her legal responsibilities. The best thing an inspector can do is defer to OSHA the determination that a product legally complies with the standard and Section 90-7 of the NEC. Assuring that as many cord connected or installed devices are properly listed and labeled during an inspection is deferring a lot of the inspectors responsibility over to OSHA.

The OSHA NRTL program has been in effect for five years. There are seven NRTL’s certified to date with many applications pending. More cooperation between OSHA and inspectors are needed for this program to work. Electrical Inspectors could find the alliance with OSHA beneficial to them and the jurisdiction they represent.

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