[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]


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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.

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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: [email protected].
    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: [email protected].

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

[[Page 60476]]

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
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              Test standard                     Test standard title
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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

[[Page 60477]]

(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]
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