45762 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

OSHA’s recognition of any NRTL for 

a particular test standard is limited to 

equipment or materials for which OSHA 

standards require third-party testing and 

certification before using them in the 

workplace. Consequently, if a test 

standard also covers any products for 

which OSHA does not require such 

testing and certification, a NRTL’s scope 

of recognition does not include these 

products. 

A. Conditions 

Recognition is contingent on 

continued compliance with 29 CFR 

1910.7, including, but not limited to, 

abiding by the following conditions of 

the recognition: 

1. CSA must inform OSHA as soon as 

possible, in writing, of any change of 

ownership, facilities, or key personnel, 

and of any major change in its 

operations as a NRTL, and provide 

details of the change(s); 

2. CSA must meet all the terms of its 

recognition and comply with all OSHA 

policies pertaining to this recognition; 

and 

3. CSA must continue to meet the 

requirements for recognition, including 

all previously published conditions on 

CSA’s scope of recognition, in all areas 

for which it has recognition. 

Pursuant to the authority in 29 CFR 

1910.7, OSHA hereby expands the scope 

of recognition of CSA as a NRTL, subject 

to the limitations and conditions 

specified above. 

III. Authority and Signature 

James S. Frederick, Acting 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 Section 

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 August 6, 

2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–17433 Filed 8–13–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2021–0005] 

LabTest Certification Inc.: Application 

for Recognition 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Notice. 

SUMMARY: In this notice, OSHA 

announces the application of LabTest 

Certification, Inc. (LCI), 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 

September 15, 2021. 

ADDRESSES: Submit comments by any of 

the following methods: 

Electronically: You may submit 

comments and attachments 

electronically at: https://

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Docket: To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. Documents in the 

docket 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. 

Instructions: All submissions must 

include the agency name and the OSHA 

docket number for this Federal Register 

notice (OSHA–2017–0014). OSHA will 

place comments and requests to speak, 

including personal information, in the 

public docket, which may be available 

online. Therefore, OSHA cautions 

interested parties about submitting 

personal information such as Social 

Security numbers and birthdates. For 

further information on submitting 

comments, see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

Extension of comment period: Submit 

requests for an extension of the 

comment period on or before September 

15, 2021 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: 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) 693–2110; 

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. 


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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 45763 

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 

LabTest Certification, Inc., (LCI) is 

applying for recognition 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. The following 

sections set forth the requested scope of 

recognition included in LCI’s 

application that OSHA has considered. 

A. Standards Requested for Recognition 

Table 1 below lists the appropriate 

test standards included in LCI’s 

amended application for testing and 

certification of products under the 

NRTL Program. 

TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN LCI’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title 

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 

The current address of the LCI site 

included in its application for 

recognition as a NRTL is: 

1. LabTest Certification, Inc., 205— 

8291 92 Street, Delta, BC Canada V4G 

0A4. 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 tested and 

certified. 

IV. 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 onsite 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 LCI’s application 

packet and reviewed other pertinent 

information. OSHA staff also performed 

a comprehensive on-site assessment of 

LCI’s testing facility, at LCI Delta 

Canada on December 11–12, 2018. 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 LCI’s application packet and 

reviewed other pertinent information to 

assess its capabilities to perform testing 

and certification activities. OSHA 

preliminarily determined that LCI has 

demonstrated these capabilities through 

the following: 

• LCI’s facility has adequate test 

areas, energy sources, and procedures 

for controlling incompatible activities. 

• LCI 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. 

• LCI 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. 

• LCI has detailed procedures 

addressing the maintenance and 

calibration of equipment, and the types 

of records maintained for, or supporting 

laboratory activities. 

• LCI has sufficient qualified 

personnel to perform the proposed 

scope of testing based on their 

education, training, technical 

knowledge, and experience. 

• LCI 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 LCI’s 

facility confirmed the capabilities 

described in its application packet. The 

assessors found some nonconformances 

with the requirements of 29 CFR 1910.7. 

LCI 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 


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45764 Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Notices 

field inspections to monitor and assure 

the proper use of identifying marks or 

labels. OSHA staff performed a detailed 

analysis of LCI’s application packet and 

reviewed other pertinent information to 

assess its control procedures. OSHA 

preliminarily determined that LCI has 

demonstrated these capabilities through 

the following: 

• LCI has a quality-control manual 

and detailed procedures to address the 

steps involved to list and certify 

products. 

• LCI has a registered certification 

mark. 

• LCI 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 LCI’s 

facility confirmed the capabilities 

described in its application packet. The 

assessors found some nonconformances 

with the requirements of 29 CFR 1910.7. 

LCI 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 

NRTL to demonstrate how it eliminates 

or minimizes such risks. OSHA staff 

performed a detailed analysis of LCI’s 

application packet and reviewed other 

pertinent information to assess its 

independence. OSHA preliminarily 

determined that LCI has demonstrated 

independence through the following: 

• LCI is a privately-owned 

organization, and OSHA found no 

information regarding ownership that 

would qualify as a conflict under 

OSHA’s independence policy. 

• LCI 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. 

• LCI has policies and procedures in 

place to identify risks to impartiality 

and when risks to impartiality are 

found, LCI 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 LCI’s 

application packet and reviewed other 

pertinent information to assess its 

ability to produce credible results and 

handle complaints. OSHA preliminarily 

determined that LCI has demonstrated 

these capabilities through the following: 

• LCI has detailed procedures 

describing the content of test reports, 

and other detailed procedures 

describing the preparation and approval 

of these reports. 

• LCI has procedures for recording, 

analyzing, and processing complaints 

from users, manufacturers, and other 

parties in a fair manner. 

OSHA’s on-site assessments of LCI’s 

facilities confirmed the capabilities 

described in its application packet. The 

assessors found some nonconformances 

with the requirements of 29 CFR 1910.7. 

LCI 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 LCI can meet the 

requirements prescribed by 29 CFR 

1910.7 for recognition as a NRTL for its 

site located in Delta, BC Canada. 

OSHA’s preliminary finding does not 

constitute an interim or temporary 

approval of LCI’s application. 

OSHA welcomes public comment as 

to whether LCI 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, Room N– 

3653, Occupational Safety and Health 

Administration, U.S. Department of 

Labor, at the above address. Please note: 

Due to the COVID–19 pandemic, the 

Docket Office is closed to the public at 

this time but can be contacted at (202) 

693–2350. These materials also are 

generally available online at http://

www.regulations.gov under Docket No. 

OSHA–2021–0005. All documents in 

the docket (including this Federal 

Register notice) are listed in the https:// 

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. 

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 LCI’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. 

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 

(85 FR 58393, September 18, 2020) and 

29 CFR 1910.7. 

Signed at Washington, DC, on August 6, 

2021. 

James S. Frederick, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–17434 Filed 8–13–21; 8:45 am] 

BILLING CODE 4510–26–P 


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