[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: <a href="/cdn-cgi/l/email-protection#600d05090c090e0705124e0612010e0309135220040f0c4e070f16"><span class="__cf_email__" data-cfemail="92fff7fbfefbfcf5f7e0bcf4e0f3fcf1fbe1a0d2f6fdfebcf5fde4">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#34465b565d5a475b5a1a5f51425d5a74505b581a535b42"><span class="__cf_email__" data-cfemail="15677a777c7b667a7b3b7e70637c7b55717a793b727a63">[email protected]</span></a>.

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.

[[Page 62828]]

    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
------------------------------------------------------------------------
        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

    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]
BILLING CODE 4510-26-P


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