The NRTLs have responsibility. OSHA regularly each NRTLs to determine if the NRTL is properly capable of assessing products to the standards for which OSHA has authorized the NRTL. If the NRTL fails the audit, it loses its standing as an NRTL. It will then lose customers and revenue. If the NRTL is found to be willingly issuing improper approvals, it can face criminal charges. The NRTL is subject to criminal law, not tort law. I have seen a number of cases where OSHA has sanctioned an NRTL because the NRTL has not adequately demonstrated that it could test to the standards it claimed it could.
There also isn't a significant amount an NRTL could say in court. The NRTL can state that the samples they originally tested were compliant and that the samples reviewed during an inspection were compliant, but the NRTL cannot make any statement about the particular item that caused the problem. Unless the plaintiff's lawyer can show that his client's product had a serial number showing it was the exact sample specifically reviewed by an NRTL inspector during an audit, the NRTL cannot state that this particular sample was built correctly. The NRTL can state that the manufacturer has the capability to produce a compliant sample, but not that the manufacturer makes every sample properly. I would also state that just because the NRTL doesn't send their employees to testify in product liability suits doesn't absolve them of responsibility under tort law. An NRTL could be sued directly. If the NRTL were to recklessly issue approvals, and products with its approval were implicated in safety incidents, U.S. law would allow law suits directly against that NRTL. I don't think any NRTL wants to face a class action lawsuit in a U.S. court. Ted Eckert Compliance Engineer Microsoft Corporation ted.eck...@microsoft.com The opinions expressed are my own and do not necessarily reflect those of my employer. -----Original Message----- From: John Woodgate [mailto:j...@jmwa.demon.co.uk] Sent: Saturday, August 18, 2012 10:48 PM To: EMC-PSTC@LISTSERV.IEEE.ORG Subject: Re: CE Marking Provoqium In message <e9c52f9e77c43c49a56a22691b3680be1300e...@tk5ex14mbxc301.redmond.corp.mic rosoft.com>, dated Sat, 18 Aug 2012, Ted Eckert <ted.eck...@microsoft.com> writes: >First, none of them will stand behind a customer in court. If you have >an NRTL Listed system, and it fails, it is fully your responsibility. So the NRTLs have power without responsibility. -- OOO - Own Opinions Only. Try www.jmwa.demon.co.uk and www.isce.org.uk Instead of saying that the government is doing too little, too late or too much, too early, say they've got is exactly right, thus throwing them into total confusion. John Woodgate, J M Woodgate and Associates, Rayleigh, Essex UK - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <emcp...@radiusnorth.net> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com> - ---------------------------------------------------------------- This message is from the IEEE Product Safety Engineering Society emc-pstc discussion list. To post a message to the list, send your e-mail to <emc-p...@ieee.org> All emc-pstc postings are archived and searchable on the web at: http://www.ieee-pses.org/emc-pstc.html Attachments are not permitted but the IEEE PSES Online Communities site at http://product-compliance.oc.ieee.org/ can be used for graphics (in well-used formats), large files, etc. Website: http://www.ieee-pses.org/ Instructions: http://listserv.ieee.org/request/user-guide.html List rules: http://www.ieee-pses.org/listrules.html For help, send mail to the list administrators: Scott Douglas <emcp...@radiusnorth.net> Mike Cantwell <mcantw...@ieee.org> For policy questions, send mail to: Jim Bacher: <j.bac...@ieee.org> David Heald: <dhe...@gmail.com>
