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DOL/OSHA RIN: 1218-AC27 Publication ID: Fall 2009 
Title: Nationally Recognized Testing Laboratories Fee Schedule--Revised Approach 
Abstract: The Occupational Safety and Health Administration is proposing to adjust the methodology it uses to establish the fees that the Agency charges for the services it provides to Nationally Recognized Testing Laboratories (NRTLs). A number of OSHA standards require that certain products and equipment used in the workplace be tested and certified by an organization that has been recognized by OSHA. OSHA requires NRTL applicants to provide detailed and comprehensive information about their programs, processes, and procedures in writing when they apply. OSHA reviews the written information and conducts an on-site assessment to determine whether the organization meets the requirements of 29 CFR 1910.7. OSHA uses a similar process when an NRTL applies for expansion or renewal of its recognition. In addition, the Agency conducts annual audits to ensure that the recognized laboratories maintain their programs and continue to meet the recognition requirements. In 2000, OSHA began charging NRTLs for the services it provides them. The services are processing of NRTL applications and audits of NRTL operations, and they define the fundamental functions of the NRTL Program. OSHA has determined that its current NRTL fee schedule does not recoup the full costs of the services performed because it does not recover certain indirect costs of those services. These indirect costs stem from attendant activities and accrue to the benefit of those services. OSHA’s proposed fee schedule would account for these indirect costs. In determining the revised fee structure, OSHA will follow the guidelines established by the Office of Management and Budget in Circular Number A-25. The proposed schedule will require prepayment of all the fees, which complies with the circular and changes the timing of the payment of many of the fees. 
Agency: Department of Labor(DOL)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 1910.7(f)   
Legal Authority: 29 USC 653    29 USC 655    29 USC 657    31 USC 9701   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2009    
NPRM Comment Period End  02/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mary Ann Garrahan
Director, Directorate of Whistleblower Protection Programs
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-4618,
Washington, DC 20210
Phone:202 693-2199
Fax:202 693-2403

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