Current through Register Vol. 54, No. 45, November 9, 2024
Section 252.702 - Revocation(a) The Department will revoke an environmental laboratory's accreditation for a field of accreditation when, after being suspended due to failure to participate in a required proficiency test study or due to failure to obtain an acceptable result for a proficiency test study, the laboratory's analysis of the next proficiency test study results in a failed proficiency test study for that field of accreditation.(b) The Department may revoke an environmental laboratory's accreditation, in part or in total, for one or more of the following reasons: (1) Failure to respond to an assessment report with a corrective action report within the required time frames.(2) Failure to correct deficiencies identified during an assessment of the environmental laboratory.(3) Failure to implement corrective action to correct violations or deficiencies found during an assessment.(4) Failure of an environmental laboratory that has been suspended to correct all outstanding violations or deficiencies within 6 months of the effective date of the suspension.(5) Failure to submit an acceptable corrective action report in response to an assessment report within the required time frames.(6) Violation of a condition of accreditation.(7) Violation of a statute, this chapter or an order of the Department.(9) Making misrepresentations to the Department.(10) Engaging in unethical or fraudulent practices.(11) Analysis of proficiency test studies by personnel, procedures, equipment, facilities, number of replicates and methods other than those associated with the routine analysis of environmental samples in the laboratory.(12) Failure to implement a quality assurance program.(13) Failure to participate in the proficiency test study program as required by this chapter.(14) Denial of entry to the Department during normal business hours for an onsite assessment.(15) Failure to comply with the reporting and notification requirements as specified in § 252.708 (relating to reporting and notification requirements).(16) Failure to employ staff that meets the personnel qualifications for education, training and experience.(17) Failure to meet the requirements of this chapter.(18) Failure to maintain test instruments, equipment, supplies and reference materials that meet the specifications required to produce valid analytical results.(c) The environmental laboratory may continue to test or analyze environmental samples for those fields of accreditation not revoked.(d) Within 72 hours of receiving notice of the revocation of accreditation from the Department, the environmental laboratory shall notify each of its customers affected by the revocation in writing of the revocation. The Department may require the laboratory to use specific language in the written notice or require Department approval of the notice before issuance.The provisions of this §252.702 amended July 28, 2017, effective 7/29/2017, 47 Pa.B. 4085.The provisions of this §252.702 amended under 27 Pa.C.S. § 4105(a); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).