[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17462-17464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07127]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2025-0005]
Japan Electrical Safety & Environment Technology Laboratories:
Application for Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA announces the application of Japan
Electrical Safety & Environment Technology Laboratories (JET), 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 May 27, 2025.
ADDRESSES: Comments may be submitted as follows:
Electronically: You may submit comments, including attachments,
electronically at https://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2025-0005). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. 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. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before May 27, 2025 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, phone:
(202) 693-1911 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Many OSHA 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 of 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 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 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 Japan Electrical Safety & Environment
Technology Laboratories (JET) is applying for recognition as a NRTL.
According to public information (see https://www.jet.or.jp/en/company/history.html), JET states that it is an internationally accredited
testing laboratory. In its application, JET lists the current address
of its headquarters as: Japan Electrical Safety & Environment
Technology Laboratories, 5-14-12, Yoyogi, Shibuya-ku, Tokyo Japan. OSHA
has determined preliminarily that JET 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. JET applied on August 7, 2018, for three
recognized sites and one recognized test standard (OSHA-2025-0005-
0002). This application was amended on March 3, 2025, to remove one of
the three sites requested in the original application (OSHA-2025-0005-
0003). The following sections set forth the requested scope of
recognition included in JET's application that OSHA has considered.
A. Standard Requested for Recognition
Table 1 below lists the appropriate test standard included in JET's
application for testing and certification of products under the NRTL
Program.
Table 1--Appropriate Test Standard Proposed for Inclusion in JET's NRTL
Scope of Recognition
------------------------------------------------------------------------
Test standard Test standard title
------------------------------------------------------------------------
UL 1741 *............................ Inverters, Converters, and
Controllers for Use in
Independent Power Systems.
------------------------------------------------------------------------
* OSHA notes that the title to this standard in the table is taken from
OSHA's List of Appropriate Test Standards (see https://www.osha.gov/nationally-recognized-testing-laboratory-program/list-standards). This
title is not the same as the title currently used by the Standards
Developing Organization that issued the test standard. OSHA intends to
update the List of Appropriate Test Standards to reflect the currently
used title in the near future.
B. Sites Requested for Recognition
The current addresses of the JET sites included in its application
for recognition as a NRTL are:
(1) Japan Electrical Safety & Technology Laboratories, 5-14-12,
Yoyogi, Shibuya-ku, Tokyo, Japan; and
(2) Japan Electrical Safety & Technology Laboratories, 2-2-9,
Machiikedai, Koriyama-city, Fukushima-prefecture, Japan.
The NRTL Program requires that to obtain recognition, the sites
listed above must have the capability to conduct product testing in
accordance with the appropriate test standard for the equipment or
material being testing and certified.
III. 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 on-site 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 JET's application packet and reviewed other pertinent information.
OSHA staff also performed a comprehensive on-site assessment of JET's
testing facilities at JET Tokyo and Fukushima, Japan on May 13-15,
2024. A summary 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 JET's application packet and reviewed other
pertinent information to assess its capabilities to perform testing and
certification activities. OSHA preliminarily determined that JET has
demonstrated these capabilities through the following:
JET's facilities have adequate test areas, energy sources,
and procedures for controlling incompatible activities.
JET provided a detailed list of its testing equipment.
Review of the application shows that the equipment listed is available
and adequate for the standard for which it seeks recognition.
JET has detailed procedures for conducting testing,
review, and evaluation, and for capturing the test and other data
required by the test standard for which it seeks recognition.
JET has detailed procedures addressing the maintenance and
calibration of equipment, and the types of records maintained for, or
supporting laboratory activities.
JET has sufficient qualified personnel to perform the
proposed scope of testing based on their education, training, technical
knowledge, and experience.
JET 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 JET's facilities confirmed the
capabilities described in its application packet. The assessors found
some nonconformances with the requirements of 29 CFR 1910.7. JET
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 field inspections to
monitor and assure the proper use of identifying marks or labels. OSHA
staff performed a detailed analysis of JET's application packet and
reviewed other pertinent information to assess its control procedures.
OSHA preliminarily determined that JET has demonstrated these
capabilities through the following:
JET has a quality-control manual and detailed procedures
to address the steps involved to list and certify products.
JET has a registered certification mark.
JET 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 JET's facilities confirmed the
capabilities described in its application packet. The assessors found
some nonconformances with the requirements of 29 CFR 1910.7. JET
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 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 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 JET's application packet
and reviewed other pertinent information to assess its independence.
OSHA preliminarily determined that JET has demonstrated independence
through the following:
JET is a privately-owned organization, and OSHA found no
information regarding ownership that would qualify as a conflict under
OSHA's independence policy.
JET 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.
JET has policies and procedures in place to identify risks
to impartiality and when risks to impartiality are found, JET 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 JET's application packet
and reviewed other pertinent information to assess its ability to
produce credible results and handle complaints. OSHA preliminarily
determined that JET has demonstrated these capabilities through the
following:
JET has detailed procedures describing the content of test
reports, and other detailed procedures describing the preparation and
approval of these reports.
JET has procedures for recording, analyzing, and
processing complaints from users, manufacturers, and other parties in a
fair manner.
OSHA's on-site assessments of JET's facilities confirmed the
capabilities described in its application packet. The assessors found
some nonconformances with the requirements of 29 CFR 1910.7. JET
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 JET
can meet the requirements prescribed by 29 CFR 1910.7 for recognition
as a NRTL for its sites located in Tokyo, Japan and Fukushima, Japan.
OSHA's preliminary finding does not constitute an interim or
temporary approval of JET's application.
IV. Public Participation
OSHA welcomes public comment as to whether JET 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, U.S.
Department of Labor. These materials also are generally available
online at http://www.regulations.gov under Docket No. OSHA-2025-0005
(for further information, see the ``Docket'' heading in the section of
this notice titles ADDRESSES).
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 JET'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.
V. Authority and Signature
Amanda Wood Laihow, 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 March 27, 2025.
Amanda Wood Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2025-07127 Filed 4-24-25; 8:45 am]
BILLING CODE 4510-26-P
