Use of independent laboratories.

     (a) MSHA will accept testing and evaluation performed by an independent laboratory for purposes of MSHA product approval provided that MSHA receives as part of the application:

     (1) Written evidence of the laboratory's independence and current recognition by a laboratory accrediting organization;

     (2) Complete technical explanation of how the product complies with each requirement in the applicable MSHA product approval requirements;

     (3) Identification of components or features of the product that are critical to the safety of the product; and

     (4) All documentation, including drawings and specifications, as submitted to the independent laboratory by the applicant and as required by the applicable part under this chapter.

     (b) Product testing and evaluation performed by independent laboratories for purposes of MSHA approval must comply with the applicable MSHA product approval requirements.

     (c) Product testing and evaluation must be conducted or witnessed by the laboratory's personnel.

     (d) After review of the information required under paragraphs (a)(1) through (a)(4) of this section, MSHA will notify the applicant if additional information or testing is required. The applicant must provide this information, arrange any additional or repeat tests and notify MSHA of the location, date, and time of the test(s). MSHA may observe any additional testing conducted by an independent laboratory. Further, MSHA may decide to conduct the additional or repeated tests at the applicant's expense. The applicant must supply any additional components necessary for testing and evaluation.

     (e) Upon request by MSHA, but not more than once a year, except for cause, approval holders of products approved based on independent laboratory testing and evaluation must make such products available for post-approval audit at a mutually agreeable site at no cost to MSHA.

     (f) Once the product is approved, the approval holder must notify MSHA of all product defects of which they become aware.