[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85247-85249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24789]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2006-0040]
SGS North America, Inc.: Denial of Expansion 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 deny the
expansion of the scope of recognition for SGS North America, Inc., as a
Nationally Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
October 25, 2024.
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
or 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) 693-1911 or email robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the denial of the request for expansion
of the scope of recognition of SGS North America, Inc., (SGS) as a
NRTL. SGS requested the addition of two test standards to the NRTL
scope of recognition. OSHA is denying that application.
OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government
authority; however, recognition enables employers to use products
approved by the NRTL to meet OSHA standards that require product
testing and certification.
The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides a preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including SGS, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
SGS submitted an application to OSHA to expand recognition as a
NRTL to include two additional test standards on September 1, 2021
(OSHA-2006-0040-0079). OSHA staff performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to this application.
OSHA published the preliminary notice announcing SGS's expansion
application and OSHA's preliminary decision to deny the application in
the Federal Register on August 6, 2024 (89 FR 63985). The agency
requested comments by August 21, 2024, but it received no comments in
response to this notice.
To obtain or review copies of all public documents pertaining to
the SGS application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2006-0040 contains all materials
in the record concerning SGS's recognition. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
II. Final Decision and Order
OSHA staff examined SGS's expansion application and other pertinent
information. Based on its review of this evidence, OSHA finds that the
standards requested in the expansion application do not meet the
requirements of 29 CFR 1910.7 for appropriate test standards or
alternative test standards for the NRTL Program. OSHA, therefore, is
proceeding with this final notice to deny SGS's request for expansion
of the NRTL scope of recognition to include the test standards listed
below in Table 1.
Table 1--Test Standards for Which OSHA Denies Inclusion in SGS's NRTL
Scope of Recognition
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Test standard Test standard title
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IEC 60335-2-23.................... Household and Similar Electrical
Appliances--Safety--Part 2-23:
Particular Requirements for
Appliances for Skin or Hair Care.
IEC 60335-2-30.................... Household and Similar Electrical
Appliances--Safety--Part 2-30:
Particular Requirements for Room
Heaters.
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As explained in the preliminary decision (89 FR 63985), pursuant to
the NRTL Program regulation, 29 CFR 1910.7, for each specified item of
equipment or material to be listed, labeled or accepted, a NRTL must
have the capability (including proper testing equipment and facilities,
trained staff, written testing procedures, and calibration and quality
control programs) to perform: (i) testing and examining of equipment
and materials for workplace safety purposes to determine conformance
with appropriate test standards; or (ii) experimental testing and
examining of equipment and materials for workplace safety purposes to
determine conformance with appropriate test standards or performance in
a specified manner. Sec. 1910.7(b)(1).
An ``appropriate test standard'' is defined in the NRTL Program
regulation as a document which specifies the safety requirements for
specific equipment or class of equipment and meets one of two
alternative requirements. Either the document must be (1) recognized in
the United States as a safety standard providing an adequate level of
safety, and (2) compatible with and maintained current with periodic
revisions of applicable national codes and installation standards and
(3) developed by a standards developing organization under a method
providing for input and consideration of views of industry groups,
experts, users, consumers, governmental authorities, and others having
broad experience in the safety field involved, or the document must be
currently designated as an American National Standards Institute (ANSI)
safety-designated product standard or an American Society for Testing
and Materials (ASTM) test standard used for evaluation of products or
materials. Sec. 1910.7(c).
Notwithstanding the requirements in Sec. 1910.7(b)(1), if a
testing laboratory desires to use an alternative test standard (that
is, a test standard that is not an appropriate test standard), then
OSHA evaluates the proposed standard to determine whether it provides
an adequate level of safety before it may be used. Sec. 1910.7(d). If
a test standard does not provide an adequate level of safety, it may
not be used by a NRTL to perform testing or examining of equipment and
materials for workplace safety purposes or experimental testing and
examining of equipment and materials for workplace safety purposes.
The test standards requested in the expansion application, issued
by the International Electrotechnical Commission (IEC), are not
appropriate test standards under the NRTL program because they are not
recognized in the United States as safety standards providing an
adequate level of safety. To provide an adequate level of safety, these
test standards would need to be evaluated for compliance with U.S.
electrical safety requirements. The IEC develops standards that are
broad technical safety solutions for electrical products, but this does
not represent a complete safety standard for each member country. The
process of adapting the IEC-based standard to a fully compliant U.S.
national standard is typically conducted by a U.S.-based standards
development organization (SDO), which considers the unique requirements
for the U.S. market, along with the input and consideration of views of
industry groups, experts, users, consumers, governmental authorities,
and others having broad experience in the safety field involved (as set
forth in Sec. 1910.7(c)). This information-gathering process and
evaluation has not been undertaken for the test standards in SGS's
application (i.e., these test standards have not been evaluated for
compliance with U.S. electrical safety requirements). Nor have these
test standards been designated by ANSI or ASTM. Therefore, they do not
meet the requirements for appropriate test standards under the NRTL
program.
Nor are these test standards alternative test standards that may be
used under the NRTL program to perform testing or examining of
equipment and materials for workplace safety purposes or experimental
testing and examining of equipment and materials for workplace safety
purposes. Again, these test standards have not been determined to
provide an adequate level of safety because they have not been
evaluated for compliance with U.S. electrical safety requirements.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby denies the
expanded scope of recognition of SGS as a NRTL as requested in the
application identified in this notice.
III. Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, 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; Sept. 18, 2020),
and 29 CFR 1910.7.
Signed at Washington, DC, on October 18, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-24789 Filed 10-24-24; 8:45 am]
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