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[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Notices]
[Pages 75841-75843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29731]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0017]

QAI Laboratories, LTD.: Grant of Recognition as a Nationally 
Recognized Testing Laboratory

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to grant 
recognition to QAI Laboratories, LTD., as a Nationally Recognized 
Testing Laboratory (NRTL).

DATES: Recognition as an NRTL becomes effective on December 19, 2014.

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, 200 Constitution Avenue 
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; 
email: [email protected].
    General and technical information: Contact Mr. Kevin Robinson, 
Acting 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, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; 
telephone: (202) 693-2110; email: [email protected]. OSHA's Web 
page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Background

    Many of OSHA's workplace standards require that an 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, 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

[[Page 75842]]

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 capability 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 an 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 finding, and solicits comments on its 
preliminary findings. In the second notice, the Agency provides its 
final decision on the application. These notices set 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 QAI Laboratories, LTD. (QAI), as an NRTL. According to 
public information (see http://qai.org/about-us/), QAI states that it 
was founded in 1994 by a group of certification and testing experts, 
and it is an independent third-party testing, inspection and 
certification organization which serves the building industry, 
government and individuals with solutions through its in-house 
capabilities/services, and a world-wide network of qualified 
affiliates. In its application, QAI lists the current address of its 
headquarters as: QAI Laboratories, LTD., #16--211 Schoolhouse Street, 
Coquitlam, British Columbia, Canada V3K 4X9.
    Each NRTL's scope of recognition has three elements: (1) The type 
of products the NRTL may test, with each type specified by its 
applicable test standard; (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; and (3) the supplemental program(s) that 
the NRTL may use, each of which allows the NRTL to rely on other 
parties to perform activities necessary for testing and certification. 
QAI applied for initial recognition as an NRTL on May 28, 2013. In its 
application, QAI requested recognition for three test standards, two 
sites, and one supplemental program (OSHA--2013-0017-0002, Exhibit 14-
1--QAI Initial Application for Recognition). OSHA published the 
preliminary notice announcing QAI's application for recognition in the 
Federal Register on August 29, 2014 (79 FR 51621). The Agency requested 
comments by September 29, 2014.
    OSHA received one anonymous comment in response to this notice 
(OSHA-2013-0017-0003). The comment (OSHA-2013-0017-0003) asked how OSHA 
ensures the applicant maintains its technical qualifications as well as 
the financial resources necessary to ensure only compliant products are 
certified. OSHA's NRTL regulations (29 CFR 1910.7(b)(1)) require OSHA 
to verify that the applicant ``has the capability (including proper 
testing equipment and facilities, trained staff, written testing 
procedures, and calibration and quality control programs)'' to perform 
testing and certification activities. As part of the application 
process, OSHA reviewed QAI's procedures and conducted on-site 
assessments at both of its sites. OSHA determined that QAI had the 
necessary capabilities and resources to perform testing and 
certification activities. OSHA will conduct periodic on-site 
assessments, just as it does with all NRTLs, to ensure that QAI 
maintains the capability to perform testing and certification 
activities in accordance with OSHA NRTL regulations and policies.
    To obtain or review copies of all public documents pertaining to 
QAI's application, go to www.regulations.gov or contact the Docket 
Office, Occupational Safety and Health Administration, U.S. Department 
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 
20210. Docket No. OSHA-2013-0017 contains all materials in the record 
concerning QAI's recognition.

III. Final Decision and Order

    OSHA staff performed a detailed analysis of QAI's application 
packet and reviewed other pertinent information. OSHA staff also 
performed comprehensive on-site assessments of QAI's testing facilities 
from February 24, 2014 through February 26, 2014. Based on its review 
of this evidence, OSHA finds that QAI meets the requirements of 29 CFR 
1910.7 for recognition as an NRTL, subject to the limitations and 
conditions listed below. OSHA, therefore, is proceeding with this final 
notice to grant recognition to QAI as an NRTL. The following sections 
set forth the scope of recognition included in QAI's grant of 
recognition.

A. Standards Requested for Recognition

    OSHA limits QAI'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--List of Appropriate Test Standards for Inclusion in QAI's NRTL
                          Scope of Recognition
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          Test  standard                     Test standard title
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UL 10B............................  Fire Tests of Door Assemblies.
UL 10C............................  Positive Pressure Fire Tests of Door
                                     Assemblies.
UL 1598...........................  Luminaires.
------------------------------------------------------------------------

    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, an 
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the 
test standards listed above as American National Standards. However, 
for convenience, we may use the designation of the standards-developing 
organization for the standard as opposed to the ANSI designation. Under 
the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, 
paragraph XIV), any NRTL recognized for a particular test standard may 
use either the proprietary version of the test standard or the ANSI 
version of that standard. Contact ANSI to determine whether a test 
standard is currently ANSI-approved.

B. Sites Requested for Recognition

    OSHA limits QAI's scope of recognition to include the sites at:
    1. QAI Coquitlam, #16--211 Schoolhouse Street, Coquitlam, British 
Columbia, CANADA V3K 4X9; and
    2. QAI Los Angeles, 8385 White Oak Avenue, Rancho Cucamonga, 
California 91730.
    OSHA's recognition of these sites limits QAI to performing product 
testing and certifications only to the test standards for which the 
site has the proper capability and programs, and for test standards in 
QAI's scope of recognition. This limitation is consistent with the 
recognition that OSHA grants

[[Page 75843]]

to other NRTLs that operate multiple sites.

C. Supplemental Programs

    OSHA limits QAI's scope of recognition to include the following 
supplemental program:
    Program 9: Acceptance of services other than testing or evaluation 
performed by subcontractors or agents (for calibration services only).
A. Conditions
    In addition to those conditions already required by 29 CFR 1910.7, 
QAI also must abide by the following conditions of the recognition:
    1. QAI 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 an NRTL, and provide details of the 
change(s);
    2. QAI must meet all the terms of its recognition and comply with 
all OSHA policies pertaining to this recognition; and
    3. QAI must continue to meet the requirements for recognition, 
including all previously published conditions on QAI'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 QAI as an NRTL, subject to the limitations and 
conditions specified above.

IV. Authority and Signature

    David Michaels, Ph.D., MPH, 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. 1-2012 (77 FR 3912, Jan. 25, 
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 15, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-29731 Filed 12-18-14; 8:45 am]
BILLING CODE 4510-26-P
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