[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01452]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2010-0046]
QPS Evaluation Services, Inc.: Grant of Renewal of Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
SUMMARY: In this notice, OSHA announces the final decision to grant
renewal of recognition to QPS Evaluation Services, Inc. as a Nationally
Recognized Testing Laboratory (NRTL).
DATES: The renewal of recognition becomes effective on January 26,
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;
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) 693-2110 or email: firstname.lastname@example.org.
I. Notice of Final Decision
OSHA hereby gives notice that it is granting the renewal of
recognition of QPS Evaluation Services, Inc. (QPS) as a NRTL under 29
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 the 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. OSHA
maintains an informational web page for each NRTL that details the
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
OSHA processes applications submitted by an NRTL for renewal of
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
App. A II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA between nine months and one year before the
expiration date of the current recognition. A renewal request includes
a request for renewal and any additional information demonstrating
their continued compliance with the terms of the recognition and 29 CFR
1910.7. If OSHA has not conducted an on-site assessment of the NRTL
headquarters and any key sites within the past 18 to 24 months, it will
schedule the necessary on-site assessment prior to the expiration date
of the NRTL's recognition. Upon review of the submitted material and,
as necessary, the successful completion of the on-site assessment, OSHA
announces the preliminary decision to grant or deny renewal in the
Federal Register and solicits comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
QPS initially received OSHA recognition as a NRTL on March 2, 2011
(76 FR 11518). QPS's most recent renewal was granted on April 25, 2016,
for a five-year period ending on April 25, 2021 (81 FR 24133). QPS
submitted its request for renewal in July, 2019 (OSHA-2010-0046-0016).
While OSHA should have rejected the renewal request because it was
submitted more than one year before the expiration of QPS's current
recognition (see above discussion), OSHA failed to do so and instead
accepted the request. Because OSHA accepted the request rather than
rejecting it, OSHA is processing the renewal request even though it was
filed outside the time period permitted by 29 CFR 1910.7 Appendix A.
The renewal application was amended on August 25, 2021 (OSHA-2010-
0046-0017) to indicate that a change in company ownership had occurred
after QPS submitted the original renewal application. Through
communications with QPS, OSHA confirmed that QPS's acquisition by
another company was the only material change that occurred after QPS
submitted its initial renewal application.
QPS retains its recognition pending OSHA's final decision in this
renewal process. The current address of the QPS facility recognized by
OSHA and included as part of the renewal request is: QPS Evaluation
Services, Inc., 81 Kelfield Street, Unit 8, Toronto, Ontario M9W 5A3
OSHA evaluated QPS's application for renewal and made a preliminary
determination that QPS can continue to meet the requirements prescribed
by 29 CFR 1910.7 for recognition.
OSHA published the preliminary notice announcing QPS's renewal
application in the Federal Register on December 15, 2021 (86 FR 71284).
The agency requested comments by December 30, 2021, and received no
comments in response to this notice. OSHA is now proceeding with this
final notice to renew QPS's NRTL recognition.
To obtain or review copies of the publicly available information in
QPS's application and other pertinent documents (including exhibits),
as well as all submitted comments, contact the Docket Office, Room N-
3653, Occupational Safety and Health Administration, U.S. Department of
Labor; these materials also are available online at http://www.regulations.gov under Docket No. OSHA-2010-0046. 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.
II. Final Decision and Order
OSHA hereby gives notice of the renewal of recognition of QPS as a
NRTL. OSHA examined QPS's renewal application and all pertinent
information related to QPS's request for renewal of NRTL recognition.
Based on this review of the renewal request and other pertinent
information, OSHA finds that QPS meets the requirements of 29 CFR
1910.7 for renewal of recognition as a NRTL, subject to the specified
limitation and conditions. OSHA limits the renewal of QPS's recognition
to include the terms and conditions of QPS's recognition found in 81 FR
24133. The NRTL scope of recognition for QPS is also available on the
OSHA website at: https://www.osha.gov/dts/otpca/nrtl/qps.html. This
renewal extends QPS's recognition as a NRTL for a period of five years
from January 26, 2022.
In addition to those conditions already required by 29 CFR 1910.7,
QPS must abide by the following conditions of recognition:
1. QPS must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in their operations as a NRTL, and provide details of the
2. QPS must meet all the terms of their recognition and comply with
all OSHA policies pertaining to this recognition; and
3. QPS must continue to meet the requirements for recognition,
including all previously published conditions on QPS's scope of
recognition, in all areas for which it has recognition.
Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews the
recognition of QPS as a NRTL.
III. Authority and Signature
Douglas L. Parker, 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. 8-2020 (85 FR 58393, September 18, 2020), and 29 CFR
Signed at Washington, DC, on January 14, 2022.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-01452 Filed 1-25-22; 8:45 am]
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