[Federal Register Volume 85, Number 38 (Wednesday, February 26, 2020)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03879]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0043]
TUV SUD America, Inc.: Grant of Expansion of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for TUV SUD America, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
February 26, 2020.
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; telephone: (202) 693-1999; email:
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; telephone: (202) 693-2110 or email:
firstname.lastname@example.org. OSHA's web page includes information about the
NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition of TUV SUD America, Inc. (TUVAM), as a NRTL. TUVAM's
expansion covers the addition of one recognized testing and
certification site to their NRTL scope of recognition.
OSHA recognition of a NRTL signifies that the organization meets
the requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification.
The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details its scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
TUVAM submitted an application, dated June 29, 2018 (OSHA-2007-
0043-0027), to expand the recognition to include the addition of one
recognized testing and certification site located at: TUV SUD
Certification and Testing (China) Co. Ltd. Shanghai Branch 3-13, No.
151 Heng Tong Road, Shanghai 200070, P.R. China. OSHA staff performed a
detailed analysis of the application and other pertinent information.
OSHA staff also performed an on-site review of TUV SUD Shanghai's
testing and certification facility on April 19-20, 2019 and recommended
expansion of TUVAM's recognition to include this one site.
OSHA published the preliminary notice announcing TUVAM's expansion
application in the Federal Register on July 19, 2019 (84 FR 34952). The
agency requested comments by August 5, 2019, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of TUVAM's scope of recognition.
To obtain or review copies of all public documents pertaining to
the TUVAM expansion 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-3653,
Washington, DC 20210. Docket No. OSHA-2007-0043 contains all materials
in the record concerning TUVAM's recognition.
II. Final Decision and Order
OSHA staff examined TUVAM's expansion application, conducted a
detailed on-site assessment, and examined other pertinent information.
Based on review of this evidence, OSHA finds that TUVAM meets the
requirements of 29 CFR 1910.7 for expansion of recognition, subject to
the specified limitation and conditions. OSHA, therefore, is proceeding
with this final notice to grant TUVAM's scope of recognition. OSHA
limits the expansion of TUVAM's recognition to include the site at
Shanghai, China as listed above. OSHA's recognition of this site limits
TUVAM 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 TUVAM's scope of recognition. This limitation
is consistent with the recognition that OSHA grants to other NRTLs that
operate multiple sites.
In addition to those conditions already required by 29 CFR 1910.7,
TUVAM also must abide by the following conditions of the recognition:
1. TUVAM 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
2. TUVAM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. TUVAM must continue to meet the requirements for recognition,
including all previously published conditions on TUVAM'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
recognition of TUVAM, subject to these limitations and conditions
III. Authority and Signature
Loren Sweatt, Principal 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. 1-2012 (77 FR 3912,
Jan. 25, 2012), and 29 CFR 1910.7.
Signed at Washington, DC, on February 19, 2020.
Principal Deputy Assistant Secretary of Labor for Occupational Safety
[FR Doc. 2020-03879 Filed 2-25-20; 8:45 am]
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