DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-1-89]

Intertek Testing Services NA, Inc., Expansion of Recognition; (Authority: 29 CFR 1910.7)

AGENCY: Occupational Safety and Health Administration, Labor.

ACTIONS: Notice of expansion of recognition as a Nationally Recognized Testing Laboratory (NRTL).

SUMMARY: This notice announces the Agency's final decision on the application of Intertek Testing Services NA, Inc. for expansion of its recognition as a NRTL under 29 CFR 1910.7. In addition, this notice reflects the name change to Intertek Testing Services NA, Inc., resulting from a change of ownership of Inchcape Testing Services NA, Inc., the predecessor to Intertek.

EFFECTIVE DATE: This recognition will become effective on December 1, 1997 and will be valid until December 2, 2002, unless terminated or modified prior to that date, in accordance with 29 CFR 1910.7.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Variance Determination, NRTL Recognition Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N3653, Washington, DC 20210, or phone (202) 219-7056.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

The Occupational Safety and Health Administration (OSHA) hereby gives notice that the recognition of Intertek Testing Services NA, Inc. (ITS) as a Nationally Recognized Testing Laboratory has been expanded to include the additional laboratory sites, and the site specific standards listed below. ITS applied for expansion of its current recognition as a Nationally Recognized Testing Laboratory (NRTL) for additional laboratory sites, pursuant to 29 CFR 1910.7, which was published in the Federal Register (62 FR 42829, 8/8/97). The notice included a preliminary finding that ITS could meet the requirements for recognition detailed in 29 CFR 1910.7, and invited public comment on the application by October 7, 1997. No comments were received concerning this request for recognition.

The addresses of the concerned laboratories are:

Intertek Testing Services NA Inc., 530 Garcia Avenue, Pittsburg, California 94565

Intertek Testing Services NA Ltd., 211 Schoolhouse Street, Coquitlam, British Columbia, V3K 4X9 Canada

Intertek Testing Services Hong Kong Ltd., 2/F., Garment Centre, 576 Castle Peak Road, Kowloon, Hong Kong

Intertek Testing Services Taiwan Ltd., 14/F Huei Fung Building, 27, Chung Shan North Road, § 3, Taipei, Taiwan

Background
Expansion of Recognition

On August 24, 1994, Intertek Testing Services NA Inc., as "Inchcape", made individual applications for expansion of its recognition as a Nationally Recognized Testing Laboratory. The applications were for the recognition of additional sites, and included facilities located in Taipei, Taiwan (see Exhibit 25A), and Kowloon, Hong Kong (see Exhibit 25B). On-site investigations of these facilities had been carried out previously as part of a large-scale overseas investigation of sites requested for recognition by several other NRTLs. On-site Review reports, dated December 15, 1994, of the investigation of the Taipei, Taiwan site [see Exhibit 25E(4)], and of the Kowloon, Hong Kong site, [see Exhibit 25E(3)], both carried out in September 1993, were prepared. On April 3, 1996, ITS applied for an expansion of its recognition for yet other sites including two former Warnock Hersey sites, now owned by ITS, in Pittsburg, California and Coquitlam, British Columbia (see Exhibit 25D). The test standards requested for these two sites were: ASTM E152 -- Fire Test Method for Door Assemblies, and ASTM E163 -- Standard Method of Fire Tests of Window Assemblies. In addition, ITS informed OSHA of the official transfer of ownership of the Warnock Hersey, Inc., "WHI" registered certification mark to ITS, which will be used by ITS to identify products certified at the two facilities and under the two test standards noted above (see Exhibit 25C).

Change of Name

OSHA was notified by letter, dated December 6, 1996, of a change in ownership of Inchcape Testing Services NA, Inc. (see Exhibit 25F). At the time, no change of corporate name was requested, although OSHA was informed that such a request would be made at a later date. Such a request for name change was made by letter dated April 14, 1997 (see Exhibit 25G). The requested name change was from Inchcape Testing Services NA, Inc. to Intertek Testing Services NA Inc. The abbreviation of the company name as "ITS" would continue to be used.

Final Decision and Order

Based upon a preponderance of the evidence, and the OSHA staff findings and recommendations, including the original and the February 26, 1997 On-Site Review Reports of the four facilities being recognized, OSHA finds that ITS has met the requirements of 29 CFR 1910.7 for expansion of its present recognition, and ITS's recognition is hereby expanded to include the additional sites, all subject to the conditions listed below. The recognition is limited to equipment or materials which, under 29 CFR part 1910, require or permit testing, listing, labeling, approval, acceptance, or certification by a Nationally Recognized Testing Laboratory. The recognitions of the Coquitlam, B. C. and the Pittsburg, CA sites are further limited to the use of the following 2 test standards for the testing and certification of equipment or materials included within the scope of these standards.

Recognition of Test Standards for the Coquitlam and Pittsburg Sites

ITS has stated that these standards are used to test equipment or materials which can be used in environments under OSHA's jurisdiction, and OSHA has determined that they are appropriate within the meaning of 29 CFR 1910.7(c).

ASTM E152 -- Standard Methods of Fire Tests of Door Assemblies

ASTM E163 -- Standard Method of Fire Tests of Window Assemblies

Conditions

Intertek Testing Services NA Inc. must also abide by the following conditions of the recognition, in addition to those already required by 29 CFR 1910.7:

OSHA shall be allowed access to ITS's facility and records for purposes of ascertaining continuing compliance with the terms of its recognition and to investigate as OSHA deems necessary;

If ITS has reason to doubt the efficacy of any test standard it is using under this program, it shall promptly inform the test standard developing organization of this fact and provide that organization with appropriate relevant information upon which its concerns are based;

ITS shall not engage in or permit others to engage in any misrepresentation of the scope or conditions of its recognition. As part of this condition, ITS agrees that it will allow no representation that it is either a recognized or an accredited Nationally Recognized Testing Laboratory (NRTL) without clearly indicating the specific equipment or material to which this recognition is tied, or that its recognition is limited to certain products;

ITS shall inform OSHA as soon as possible, in writing, of any change of ownership or key personnel, including details;

ITS will continue to meet the requirements for recognition in all areas where it has been recognized; and

ITS will always cooperate with OSHA to assure compliance with the spirit as well as the letter of its recognition and 29 CFR 1910.7.

Signed at Washington, D.C. this 18th day of November, 1997.

Charles N. Jeffress,
Assistant Secretary.

[FR Doc. 97-31412 Filed 11-28-97; 8:45 am]