A number of standards issued by the Occupational Safety and Health Administration (OSHA) contain requirements for equipment, products, or materials. These standards often specify that employers use only equipment, products, or material tested or approved by a Nationally Recognized Testing Laboratory (NRTL). This requirement ensures that employers use safe equipment, products, or materials in complying with the standards. Accordingly, OSHA promulgated the regulation 29 CFR 1910.7, "definition and requirements for a nationally recognized testing laboratory" (the Regulation). The Regulation specifies procedures that organizations must follow to apply for, and to maintain, OSHA's recognition to test and certify equipment, products, or material for this purpose. OSHA proposed revising the existing schedule of fees that the Agency charges to NRTLs and NRTL applicants and adopting new application acceptance and review procedures (80 FR 57222, September 22, 2015, Docket No. OSHA-2007-0031). OSHA intends to publish a Federal Register notice adopting a revised fee schedule.
US Code:
29 USC 651
Name of Law: Occupational Safety and Health Act
US Code:
29 USC 657
Name of Law: Occupational Safety and Health Act
The Agency intends to revise the NRTL Programâs fee schedule associated with initial recognition, program expansion, renewals of recognition, and on-site audits. The existing fee schedule for these activities can be found at http://www.osha.gov/dts/otpca/nrtl/nrtlfees.html. To facilitate the payment of fees and reduce the burden on NRTLs, the Agency is in the process of establishing an electronic payment mechanism on Pay.gov. For each transaction on this site, users would be required to complete a short payment form. OSHA believes that the on-line process and associated form will simplify fee transactions and facilitate flexibility in payment options. This accounts for the reduction in burden hours from 1,623 to 1,523.
OSHA is also requesting an increase in costs associated with OSHAâs planned increase in filing and assessment fees. As explained fully in the September 22, 2015 Federal Register notice proposing the updated NRTL Fee Schedule (80 FR 57222, Docket No. OSHA-2007-0031), the fees charged by OSHA under the existing fee schedule have been far lower than the costs of performing the activities for which OSHA charges fees. OSHA is required to set fees at a level that cover its full costs in reviewing NRTL applications (29 CFR 1910.7(f)(2)). The proposed fee schedule will rectify this flaw and more accurately reflect the full cost of performing the activities for which OSHA charges fees.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form OSHA 5-30.5 Definition and Requirement for a Nationally Recognized Testing Laboratory (NRTL) (29 CFR 1910.7)
SS 1218-0147 Supporting Statement NRTLS_20181128.docx
FRN 09_22_2015 NRTL Fee Schedule proposed.pdf
Definition and Requirement for a Nationally Recognized Testing Laboratory (NRTL) (29 CFR 1910.7)