This is not an official answer from OSHA, but if you contact me at my work email (robinson.ke...@dol.gov or nrtlprog...@dol.gov), I’ll respond with the same answer ;-).
Employers have the legs responsibility to ensure equipment used and installed in the workplace is “acceptable” as defined in 29 CFR 1910.399. A manufacturer can ship without NRTL approval, but the employer (customer) can’t install the product unless it is NRTL certified or otherwise “acceptable” Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: MIKE SHERMAN <0000347e8d192c85-dmarc-requ...@listserv.ieee.org> Sent: Friday, December 13, 2024 6:13:30 PM To: EMC-PSTC@LISTSERV.IEEE.ORG <EMC-PSTC@LISTSERV.IEEE.ORG> Subject: Re: [PSES] Shipping a Non-Consumer Electrical Product in the US Larry -- Good question. Should be doable, but I provide the following thoughts, based on my experience. Nice document you found, by the way! Industrial vs. Consumer The Consumer Product Safety Act has a surprisingly broad scope, especially if you're installing in a school. Take a close look at the Act and its definitions. This may apply more to requirements for recalls, but you should be aware. Safety Mark and NRTLs Do not assume that your NRTL will apply their mark, or will let you apply their mark, to a product that has already shipped before the product is approved. Do not assume that you can simply add the NRTL mark yourself to the machine in the field. Work very closely with your NRTL upfront to avoid surprises. Some other options include "field labelling" and "limited production certification." Customs/Lack of NRTL Mark This seems to be an implicit question in your email: will US Customs stop a shipment of industrial equipment without an NRTL mark? I've never heard of this, but my experience is exporting equipment, not importing. --->Perhaps someone else on this forum has experience? Red Tagging Another risk might be an electrical inspector red-tagging: i.e., not allowing power to be connected to a piece of equipment that does not bear an NRTL mark. I expect this risk to be higher on new construction sites. Customer Communication ("the real question") This sounds to me like a contractual question between the manufacturer and the customer. Communicate upfront to avoid surprises. Mike Sherman Sherman PSC LLC On 12/13/2024 4:07 PM CST Larry K. Stillings <la...@complianceworldwide.com> wrote: Hello All, I have a customer that would like to ship their product in the US to several customers. I found this nice document from NIST on what is required via the various agencies what is required. This is a piece of industrial equipment that’s installed at customer sites that have public access. The FCC emissions testing is completed, and the remaining piece of compliance is product safety under UL 61010-1 which is in process however not completed. In reviewing the OSHA website and rules it appears that “customer” is the organization that enforces the requirement to the manufacturer that a product is safe to use as OSHA oversees electrical and electronic products used in the workplace. I find this in the CFR 1910.399 Acceptable. An installation or equipment is acceptable to the Assistant Secretary of Labor, and approved within the meaning of this subpart S: “If it is accepted, or certified, or listed, or labeled, or otherwise determined to be safe by a nationally recognized testing laboratory recognized pursuant to § 1910.7” The real question here is can a manufacturer ship a piece of equipment to a customer without NTRL approval if they disclose to the customer that the NRTL listing/approval is pending? Larry K. Stillings Compliance Worldwide, Inc. Test Locally, Sell Globally and Launch Your Products Around the World! 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