[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)][Notices][Pages 75841-75843]
From the Federal Register Online via the Government Printing 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: meilinger.francis2@dol.gov.
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: robinson.kevin@dol.gov. 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
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.
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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 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]
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