Please note...
Two widely held true, but very misleading statements of electrical product safety that many people believe are: "No federal law exists to require companies to carry the UL compliance of their product." and "There's no national testing requirement for products coming into the USA."
Federal law does not require UL compliance. But, federal law does require that products, which are to be used in all work places, must be "approved" by OSHA; and consumer products must "voluntarily5 comply" with CPSA requirements. Because many of the products targeted to consumers are also used in public work places, OSHA and CPSA probably apply to just about any product. Also, FCC, FDA and other regulations listed in the CFR are required 'national standards' with which products marketed in the USA must comply.
Here's the detail...
The Federal Code of Regulations Title 29 (29CFR) authorizes the Department of Labor within the USA. Chapter XVII of 29CFR establishes OSHA within the Department of Labor. Now, subpart S of 29CFR part 1910 of OSHA creates the standards for electrical equipment used in all places of employment.
OSHA Safety Standards for electrical equipment (subpart S of 29 CFR Part 1910) defines the word "approved" as "acceptable to the Assistant Secretary of Labor for Occupational Safety and Health." In addition, equipment is acceptable under this subpart if:
- The product is certified by a Nationally Recognized Testing Laboratory (NRTL) such as UL or CSA (see USA Compliance Bodies in table above);
- Should no NRTL select to certify the product (this may happen for many reasons) then it can be "inspected or tested by another Federal agency, or by a state, municipal, or other local authority responsible for enforcing and assuring compliance with occupational safety provisions of the National Electrical Code (NEC)";
- Or if the product is "Custom-made equipment, i.e., equipment designed, fabricated for, and intended for use by a particular customer", then it can be determined to be safe by the manufacturer for its intended use. This means that the manufacturer needs to perform 'due diligence' on the safety aspects and validate by some testing that the product is safe.
Another little-known section provides a fourth path:
- Section 16 of the OSH Act of 1970 (and 29 USC 665) states:
"Variations, Tolerances, and Exemptions - The Secretary, on the record, after notice and opportunity for a hearing may provide such reasonable limitations and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act as he may find necessary and proper to avoid serious impairment of the national defense. Such action shall not be in effect for more than six months without notification to affected employees and an opportunity being afforded for a hearing."
5 As we shall see, hardly any compliance is voluntary, because consumer groups now demand product safety.
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©2004, Richard M. (Dick) Haney
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