[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Pages 62827-62828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19712]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2023-0013]
Element Materials Technology Portland--Evergreen Inc.: Grant of
Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the final decision to grant
recognition to Element Materials Technology Portland--Evergreen, Inc.
(EMT), for recognition as a Nationally Recognized Testing Laboratory
(NRTL).
DATES: Recognition as a NRTL becomes effective on September 13, 2023.
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, phone:
(202) 693-2300 or 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 Element Materials Technology Portland--Evergreen Inc.,
(EMT) as a NRTL. According to public information (see https://www.element.com/about-element/), EMT states that it is an
internationally accredited testing laboratory. In its application, EMT
lists the current address of its headquarters as: Element Materials
Technology Portland--Evergreen Inc., 41 Tesla, Irvine, California
92618. OSHA has determined that EMT 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. EMT applied on June 26, 2020, for three
recognized sites and thirteen recognized test standards (OSHA-2023-
0013-0002). This application was amended on June 28, 2022, to remove
two of the three sites and seven of the thirteen standards requested in
the original application (OSHA-2023-0013-0003). OSHA published the
preliminary notice announcing EMT's application for recognition in the
Federal Register on July 25, 2023 (88 FR 47914). The agency requested
comments by August 24, 2023, but it received no comments in response to
this notice. OSHA is now proceeding with this final notice to grant
recognition to EMT as a NRTL.
To obtain or review copies of all public documents pertaining to
EMT's application, go to www.regulations.gov or contact the Docket
Office at (202) 693-2350 (TTY (877) 889-5627). Docket No. OSHA-2023-
0013 contains all materials in the record concerning EMT's recognition.
III. Final Decision and Order
OSHA staff performed a detailed analysis of EMT's application
packet and reviewed other pertinent information. OSHA staff also
performed comprehensive on-site assessments of EMT's testing facility,
at EMT Irvine, California on January 18-19, 2023. Based on the review
of this evidence, OSHA finds that EMT 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 EMT as a NRTL. The following sections
set forth the scope of recognition included in EMT's grant of
recognition.
A. Standards Requested for Recognition
OSHA limits EMT'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 EMT's NRTL Scope of
Recognition
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Test standard Test standard title
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ANSI/AAMI ES60601-1......... Medical Electrical Equipment--Part 1:
General Requirements for Basic Safety and
Essential Performance.
UL 61010-1.................. Electrical Equipment for Measurement,
Control and Laboratory Use; Part 1:
General Requirements.
UL 61010-2-010.............. Electrical Equipment for Measurement,
Control and Laboratory Use--Part 2-010:
Particular Requirements for Laboratory
Equipment for the Heating of Materials.
UL 61010-2-081.............. Standard for Safety Requirements for
Electrical Equipment for Measurement,
Control, and Laboratory Use--Part 2-081:
Particular Requirements for Automatic and
Semi-Automatic Laboratory Equipment for
Analysis and Other Purposes.
UL 61010-2-101.............. Safety Requirements for Electrical
Equipment for Measurement, Control and
Laboratory Use--Part 2-101: Particular
Requirements for In Vitro Diagnostic
(IVD) Medical Equipment.
UL 62368-1.................. Audio/Video, Information and Communication
Technology Equipment--Part 1: Safety
Requirements.
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B. Site Requested for Recognition
OSHA limits EMT's scope of recognition to include one site: Element
Materials Technology Portland--Evergreen, Inc., 41 Tesla, Irvine,
California 92618. OSHA's recognition of this site limits EMT to
performing product testing and certifications only for the test
standards for which the site has the proper capability and programs,
and for the test standards in EMT's scope of recognition.
C. Conditions
In addition to those conditions already required by 29 CFR 1910.7,
EMT also must abide by the following conditions of the recognition:
1. EMT 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. EMT must meet all the terms of the recognition and comply with
all OSHA policies pertaining to this recognition; and
3. EMT must continue to meet the requirements for recognition,
including all previously published conditions on EMT'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 EMT as a NRTL, subject to these limitations and
conditions specified above.
V. Authority and Signature
James S. Frederick, Deputy 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 September 6, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-19712 Filed 9-12-23; 8:45 am]
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