[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47914-47916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15669]



[[Page 47914]]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0013]


Element Materials Technology Portland--Evergreen Inc.: 
Application for Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the application of Element 
Materials Technology Portland--Evergreen, Inc. (EMT), for recognition 
as a Nationally Recognized Testing Laboratory (NRTL) and presents the 
agency's preliminary finding to grant this recognition.

DATES: Submit comments, information, and documents in response to this 
notice, or requests for an extension of time to make a submission, on 
or before August 24, 2023.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the online instructions for submitting comments.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2023-0013). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
https://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public, 
or submitting materials that contain personal information (either about 
themselves or others), such as Social Security numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket 
(including this Federal Register notice) are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted 
material) is not publicly available to read or download through the 
website. All submissions, including copyrighted material, are available 
for inspection through the OSHA Docket Office. Contact the OSHA Docket 
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in 
locating docket submissions.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before August 24, 2023 to the Office of 
Technical Programs and Coordination Activities, Directorate of 
Technical Support and Emergency Management, Occupational Safety and 
Health Administration, U.S. Department of Labor, 200 Constitution 
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

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, phone: 
(202) 693-2110 or 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 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 the Application for Recognition

    OSHA is providing notice that Element Materials Technology 
Portland--Evergreen Inc., (EMT) is applying for recognition 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 preliminarily 
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-
0013-0001). 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-2023-0013-0002). The following sections 
set forth the requested scope of recognition included in EMT's 
application that OSHA has considered.

A. Standards Requested for Recognition

    Table 1 below lists the appropriate test standards included in 
EMT's amended application for testing and certification of products 
under the NRTL Program.

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  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     EMT's NRTL Scope of Recognition
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        Test standard                     Test standard title
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

B. Site Requested for Recognition

    The current address of the EMT site included in its application for 
recognition as a NRTL is:
    Element Materials Technology Portland--Evergreen, Inc., 41 Tesla, 
Irvine, California 92618.
    The NRTL Program requires that to be a recognized site, the site 
listed above must have the capability to conduct product testing in 
accordance with the appropriate test standard for the equipment or 
material being testing and certified.

III. Preliminary Finding on the Application for Recognition as a NRTL

    OSHA's NRTL Program recognition process involves a thorough 
analysis of a NRTL applicant's policies and procedures, and a 
comprehensive on-site review of the applicant's testing and 
certification activities to ensure that the applicant meets the 
requirements of 29 CFR 1910.7. OSHA staff performed a detailed analysis 
of EMT's application packet and reviewed other pertinent information. 
OSHA staff also performed a comprehensive on-site assessment of EMT's 
testing facility, at EMT Irvine, California on January 18-19, 2023. An 
overview of OSHA's assessment of the four requirements for recognition 
(i.e., capability, control procedures, independence, and credible 
reports and complaint handling) is provided below.

A. Capability

    Section 1910.7(b)(1) states that, for each specified item of 
equipment or material to be listed, labeled, or accepted, the NRTL must 
have the capability (including proper testing equipment and facilities, 
trained staff, written testing procedures, and calibration and quality-
control programs) to perform appropriate testing. OSHA staff performed 
a detailed analysis of EMT's application packet and reviewed other 
pertinent information to assess its capabilities to perform testing and 
certification activities. OSHA preliminarily determined that EMT has 
demonstrated these capabilities through the following:
     EMT's facility has adequate test areas, energy sources, 
and procedures for controlling incompatible activities.
     EMT provided a detailed list of its testing equipment. 
Review of the application shows that the equipment listed is available 
and adequate for the standards for which it seeks recognition.
     EMT has detailed procedures for conducting testing, 
review, and evaluation, and for capturing the test and other data 
required by the test standards for which it seeks recognition.
     EMT has detailed procedures addressing the maintenance and 
calibration of equipment, and the types of records maintained for, or 
supporting laboratory activities.
     EMT has sufficient qualified personnel to perform the 
proposed scope of testing based on their education, training, technical 
knowledge, and experience.
     EMT has an adequate quality-control system in place to 
conduct internal audits, as well as track and resolve nonconformances.
    OSHA's on-site assessment of EMT's facility confirmed the 
capabilities described in its application packet. The assessors found 
some nonconformances with the requirements of 29 CFR 1910.7. EMT 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

B. Control Procedures

    Section 1910.7(b)(2) requires that the NRTL provide controls and 
services, to the extent necessary, for the particular equipment or 
material to be listed, labeled, or accepted. These controls and 
services include procedures for identifying the listed or labeled 
equipment or materials, inspections of production runs at factories to 
assure conformance with test standards, and field inspections to 
monitor and assure the proper use of identifying marks or labels. OSHA 
staff performed a detailed analysis of EMT's application packet and 
reviewed other pertinent information to assess its control procedures. 
OSHA preliminarily determined that EMT has demonstrated these 
capabilities through the following:
     EMT has a quality-control manual and detailed procedures 
to address the steps involved to list and certify products.
     EMT has a registered certification mark.
     EMT has certification procedures to address the 
authorization of certifications and audits of factory facilities. The 
audits apply to both the initial evaluations and the follow-up 
inspections of manufacturers' facilities.
    OSHA's on-site assessment of EMT's facility confirmed the 
capabilities described in its application packet. The assessors found 
some nonconformances with the requirements of 29 CFR 1910.7. EMT 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.

C. Independence

    Section 1910.7(b)(3) requires that the NRTL be completely 
independent of employers that are subject to the testing requirements, 
and of any manufacturers or vendors of equipment or materials tested 
under the NRTL Program. The revised NRTL Program Policies, Procedures 
and Guidelines Directive, CPL-01-00-004, allows NRTLs to comply with 
the requirement in the NRTL Program regulation that NRTLs be 
``completely independent of employers subject to the tested equipment 
requirements, and of any manufacturers or vendors of equipment or 
materials being tested for these purposes'' (29 CFR 1910.7(b)(3)) by 
meeting the minimum performance standards of Annex B of the NRTL 
Program Directive, CPL-01-00-004, with respect to impartiality. The 
revised policy focuses on the NRTL's ability to effectively identify, 
eliminate and control any risk to its impartiality.
    This policy provides for the NRTL to identify risks to impartiality 
on an ongoing basis and when risks to impartiality are identified, and 
for the

[[Page 47916]]

NRTL to demonstrate how it eliminates or minimizes such risks. OSHA 
staff performed a detailed analysis of EMT's application packet and 
reviewed other pertinent information to assess its independence. OSHA 
preliminarily determined that EMT has demonstrated independence through 
the following:
     EMT is a privately-owned organization, and OSHA found no 
information regarding ownership that would qualify as a conflict under 
OSHA's independence policy.
     EMT showed that it has none of the relationships described 
in OSHA's independence policy or any other relationship that could 
subject it to undue influence when testing for product safety.
     EMT has policies and procedures in place to identify risks 
to impartiality and when risks to impartiality are found, EMT has 
policies and procedures to eliminate or minimize such risks.

D. Credible Reports and Complaint Handling

    Section 1910.7(b)(4) specifies that a NRTL must maintain effective 
procedures for producing credible findings and reports that are 
objective and free of bias. The NRTL must also have procedures for 
handling complaints and disputes under a fair and reasonable system. 
OSHA staff performed a detailed analysis of EMT's application packet 
and reviewed other pertinent information to assess its ability to 
produce credible results and handle complaints. OSHA preliminarily 
determined that EMT has demonstrated these capabilities through the 
following:
     EMT has detailed procedures describing the content of test 
reports, and other detailed procedures describing the preparation and 
approval of these reports.
     EMT has procedures for recording, analyzing, and 
processing complaints from users, manufacturers, and other parties in a 
fair manner.
    OSHA's on-site assessments of EMT's facilities confirmed the 
capabilities described in its application packet. The assessors found 
some nonconformances with the requirements of 29 CFR 1910.7. EMT 
addressed these issues sufficiently to meet the applicable NRTL 
requirements.
    OSHA's review of the application file and pertinent documentation, 
as well as the results of the on-site assessments, indicate that EMT 
can meet the requirements prescribed by 29 CFR 1910.7 for recognition 
as a NRTL for its site located in Irvine, California.
    OSHA's preliminary finding does not constitute an interim or 
temporary approval of EMT's application.

IV. Public Participation

    OSHA welcomes public comment as to whether EMT meets the 
requirements of 29 CFR 1910.7 for recognition as a NRTL. Comments 
should consist of pertinent written documents and exhibits.
    Commenters needing more time to comment must submit a request in 
writing, stating the reasons for the request, for an extension by the 
due date for comments. OSHA will limit any extension to 10 days unless 
the requester justifies a longer time period. OSHA may deny a request 
for an extension if it is not adequately justified.
    To review copies of the exhibits identified in this notice, as well 
as comments submitted to the docket, contact the Docket Office, U.S. 
Department of Labor. These materials also are generally available 
online at http://www.regulations.gov under Docket No. OSHA-2023-0013 
(for further information, see the ``Docket'' heading in the section of 
this notice titles ADDRESSES).
    OSHA staff will review all comments submitted to the docket in a 
timely manner and, after addressing the issues raised by these 
comments, will make a recommendation to the Assistant Secretary for 
Occupational Safety and Health regarding EMT's application for 
recognition as a NRTL. The Assistant Secretary will make the final 
decision on granting the application. In making this decision, the 
Assistant Secretary may undertake other proceedings prescribed in 
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the 
Federal Register.

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 July 19, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-15669 Filed 7-24-23; 8:45 am]
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