[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60475-60477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23892]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2021-0005]
LabTest Certification Inc.: Grant of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA announces the final decision to grant
recognition to LabTest Certification, Inc. (LCI), as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: Recognition as a NRTL becomes effective on November 2, 2021.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone: (202) 693-1999;
email: meilinger.francis2@dol.gov.
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, telephone:
(202) 693-2110; email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Many of OSHA's workplace standards require that a NRTL test and
certify certain types of equipment as safe for use in the workplace.
NRTLs are independent laboratories that meet OSHA's requirements for
performing safety testing and certification of products used in the
workplace. To obtain and retain OSHA recognition, the NRTLs must meet
the requirements in the NRTL Program regulations at 29 CFR 1910.7. More
specifically, to be recognized by OSHA, an organization must: (1) Have
the appropriate capability to test, evaluate, and approve products to
assure their safe use in the workplace; (2) be completely independent
of employers subject to the
tested equipment requirements, and manufacturers and vendors of
products for which OSHA requires certification; (3) have internal
programs that ensure proper control of the testing and certification
process; and (4) have effective reporting and complaint handling
procedures. Recognition is an acknowledgement by OSHA that the NRTL has
the capabilities to perform independent safety testing and
certification of the specific products covered within the NRTL's scope
of recognition and is not a delegation or grant of government
authority. Recognition of a NRTL by OSHA also allows employers to use
products certified by that NRTL to meet those OSHA standards that
require product testing and certification.
The agency processes applications for initial recognition following
requirements in Appendix A of 29 CFR 1910.7. This appendix requires
OSHA to publish two notices in the Federal Register in processing an
application. In the first notice, OSHA announces the application,
provides its preliminary findings, and solicits comments on its
preliminary findings. In the second notice, the agency provides its
final decision on the application and sets forth the NRTL's scope of
recognition.
II. Notice of Final Decision
OSHA hereby gives notice of the agency's decision to grant
recognition to LabTest Certification, Inc., (LCI) as a NRTL. According
to public information (see https://labtestcert.com/about-labtest/) LCI
states that it is an internationally accredited testing laboratory. In
its application, LCI lists the current address of its headquarters as:
LabTest Certification, Inc., 205--8291 92 Street, Delta, BC Canada V4G
0A4. OSHA has determined preliminarily that LCI has the capability to
perform as a NRTL as outlined in 29 CFR 1910.7.
Each NRTL's scope of recognition has two elements: (1) The type(s)
of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that have the
technical capability to perform the product-testing and product-
certification activities for the applicable test standards within the
NRTL's scope of recognition. LCI applied on January 29, 2016, for one
recognized site (OSHA-2021-0005-0001). This application was amended on
June 10, 2021, to remove three of the eight standards requested in the
original application. LCI's original application also requested that
supplemental programs be included in their recognition. However, on
October 1, 2019, OSHA published an update to the NRTL Program Policies,
Procedures and Guidelines Directive, CPL 01-00-004, which eliminated
supplemental programs from the NRTL Program. Therefore, OSHA does not
grant recognition to NRTL applicants for supplemental programs. OSHA
published the preliminary notice announcing LCI's application for
recognition in the Federal Register on August 16, 2021 (86 FR 45762).
The agency requested comments by September 15, 2021, but it received no
comments in response to this notice. OSHA is now proceeding with this
final notice to grant recognition to LCI as a NRTL.
To obtain or review copies of all public documents pertaining to
LCI's application, go to www.regulations.gov or contact the Docket
Office at (202) 693-2350 (TTY (877) 889-5627). Docket No. OSHA-2021-
0005 contains all materials in the record concerning LCI's recognition.
III. Final Decision and Order
OSHA staff performed a detailed analysis of LCI's application
packet and reviewed other pertinent information. OSHA staff also
performed comprehensive on-site assessments of LCI's testing
facilities, at LCI, Delta BC on December 11-12, 2018. Based on the
review of this evidence, OSHA finds that LCI meets the requirements of
29 CFR 1910.7 for recognition as a NRTL, subject to the limitations and
conditions listed below. OSHA, therefore is proceeding with this final
notice to grant recognition to LCI as a NRTL. The following sections
set forth the scope of recognition included in LCI's grant of
recognition.
A. Standards Requested for Recognition
OSHA limits LCI's scope of recognition to testing and certification
of products for demonstration of conformance to the test standards
listed in Table 1 below.
Table 1--Appropriate Test Standards for Inclusion in LCI's NRTL Scope of
Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 1598................................. Luminaires.
UL 60079-0.............................. Explosive Atmospheres--Part 0:
Equipment--General
Requirements.
UL 60079-1.............................. Explosive Atmospheres--Part 1:
Equipment Protection by
Flameproof Enclosures ``d''.
UL 60079-11............................. Explosive Atmospheres--Part
11: Equipment Protection by
Intrinsic Safety ``i''.
UL 60079-15............................. Explosive Atmospheres--Part
15: Equipment Protection by
Type of Protection ``n''.
------------------------------------------------------------------------
B. Sites Requested for Recognition
OSHA limits LCI's scope of recognition to include one site: LabTest
Certification, Inc., 205--8291 92 Street, Delta, BC Canada V4G 0A4.
OSHA's recognition of these sites limits LCI to performing product
testing and certifications only to the test standards for which the
site has the proper capability and programs, and for the test standards
in LCI's scope of recognition.
C. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
LCI also must abide by the following conditions of the recognition:
1. LCI must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in the operations as a NRTL, and provide details of the
change(s);
2. LCI must meet all the terms of the recognition and comply with
all OSHA policies pertaining to this recognition; and
3. LCI must continue to meet the requirements for recognition,
including all previously published conditions on LCI's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby grants
recognition to LCI as a NRTL, subject to these limitations and
conditions specified above.
IV. Authority and Signature
James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020
(85 FR 58393, September 18, 2020) and 29 CFR 1910.7.
Signed at Washington, DC, on October 20, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-23892 Filed 11-1-21; 8:45 am]
BILLING CODE 4510-26-P
