
[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]               
[Page 70696-70699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no10-42]                         

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0046]

 
QPS Evaluation Services Inc.; Application for Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the application of QPS Evaluation 
Services Inc. for recognition as a Nationally Recognized Testing 
Laboratory, and presents the Agency's preliminary finding to grant this 
recognition.

DATES: Submit information or comments, or a request for an extension of 
the time to comment, on or before December 20, 2010. All submissions 
must bear a postmark or provide other evidence of the submission date.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: Submit comments electronically at http://
www.regulations.gov, which is the Federal eRulemaking Portal. Follow 
the instructions online for making electronic submissions.
    Fax: If submissions, including attachments, are no longer than 10 
pages, commenters may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, or messenger or courier service: 
Submit one copy of the comments to the OSHA Docket Office, Docket No. 
OSHA-2010-0046, U.S. Department of Labor, Room N-2625, 200 Constitution 
Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, and 
messenger and courier service) are accepted during the Department of 
Labor's and Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., 
e.t.
    Instructions: All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA-2010-0046). OSHA will place all 
submissions, including any personal information provided, in the public 
docket without revision, and these submissions will be made available 
online at http://www.regulations.gov.
    Docket: To read or download submissions or other material in the 
docket (e.g., exhibits listed below), go to http://www.regulations.gov 
or the OSHA Docket Office at the address above. All documents in the 
docket are listed in the http://www.regulations.gov index; however, 
some information (e.g., copyrighted material) is not publicly available 
to read or download through the Web site. All submissions, including 
copyrighted material, are available for inspection and copying at the 
OSHA Docket Office.
    Extension of comment period: Submit requests for an extension of 
the comment period on or before December 20, 2010 to the Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210, 
or by fax to (202) 693-1644.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of 
Technical Programs and Coordination Activities, NRTL Program, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, 200 Constitution Avenue, NW., Room N-3655, Washington, DC 20210; 
telephone: (202) 693-2110. For information about the NRTL Program, go 
to http://www.osha.gov, and select ``N'' in the site index.

SUPPLEMENTARY INFORMATION:

I. Notice of Application for Recognition

    The Occupational Safety and Health Administration (OSHA) is 
providing notice that QPS Evaluation Services Inc. (QPS) applied for 
recognition as a Nationally Recognized Testing Laboratory (NRTL). (See 
Ex. 2--QPS recognition application dated 1/27/2006.) \1\ The 
application covers testing and certification of the equipment or 
materials, and use of the supplemental programs, listed below.
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    \1\ A number of documents, or information within documents, 
described in this Federal Register notice are the applicant's 
internal, detailed procedures or contain other confidential business 
or trade-secret information. These documents and information, 
designated by an ``NA'' at the end of, or within, the sentence or 
paragraph describing them, are not available to the public.
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    OSHA recognition of a NRTL signifies that the organization meets 
the legal requirements specified in 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 
approved by the NRTL to meet OSHA standards that require product 
testing and certification.
    The Agency processes applications by a NRTL for initial 
recognition, or for an 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 its 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 can be 
accessed from OSHA's Web site at

[[Page 70697]]

http://www.osha.gov/dts/otpca/nrtl/index.html. 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 has/have the technical capability to perform 
the product testing and certification activities for test standards 
within the NRTL's scope; 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 product testing and certification.

II. General Background on the Application

    In its application, QPS lists the current address of the laboratory 
facility covered by the application as: QPS Evaluation Services Inc., 
81 Kelfield Street, Unit 8, Toronto, Ontario, M9W 5A3, Canada. 
According to its application, QPS was established in 1995 as a Canadian 
Standards Association field inspection agency. In 1998, QPS performed 
technical services for Entela, Inc., an organization formerly 
recognized by OSHA as a NRTL, which was then acquired by another NRTL. 
The application also states that QPS has been accredited by other well-
known accreditors (i.e., the Standards Council of Canada and the 
International Electrotechnical Commission Certification Body (IEC CB) 
Scheme).
    QPS applied on January 27, 2006, for recognition of one site and a 
number of test standards. (See Ex. 2.) In response to OSHA's request 
for clarification, QPS amended its application to provide additional 
technical details, and then provided further details in a later update. 
(See Ex. 3--QPS amended application, dated 4/15/2008 and 11/30/2009.) 
OSHA's NRTL Program staff performed an on-site assessment of the QPS 
facility in April 2010. Based on this assessment, the OSHA staff 
recommended recognition of QPS in their on-site review report of the 
assessment. (See Ex. 4--OSHA on-site review report on QPS.)
    Through its amended application information (see Ex. 3), QPS 
represents that it maintains the experience, expertise, personnel, 
organization, equipment, and facilities suitable for accreditation as 
an OSHA Nationally Recognized Testing Laboratory. It also represents 
that it meets or will meet the requirements for recognition defined in 
29 CFR 1910.7.
    The four requirements for recognition (i.e., capability, control 
procedures, independence, and creditable reports and complaint 
handling) are addressed below, along with examples that illustrate how 
QPS meets each of these requirements. Many, but not all, of the 
documents or processes described below are referenced in the 
applicant's summary addressing OSHA's evaluation criteria (see the QPS 
basic information summary; hereafter, ``Basic Summary,'' which is part 
of Ex. 3, portions of which are confidential).

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. The ``Capability'' 
section of the Basic Summary (NA) shows that the applicant has security 
measures and detailed procedures in place to restrict or control access 
to its facility, to areas within its facility, and to confidential 
information. This section states that QPS's facility has equipment for 
monitoring, controlling, and recording environmental conditions during 
tests. QPS provided a list of this equipment, which NRTL Program staff 
examined during the on-site review (Ex. 4, p. 1). Also, this section 
shows that QPS has detailed procedures for handling test samples. In 
addition, the Basic Summary or documents it references show that the 
QPS facility has adequate test areas and energy sources, and procedures 
for controlling incompatible activities. QPS provided a detailed list 
of its testing equipment (NA), and OSHA's on-site review (Ex. 4, p. 2) 
confirmed that much of this equipment is in place. Review of the 
application shows that the equipment listed is available (NA) and 
adequate for the scope of testing described below.
    The ``Capability'' section of the Basic Summary (NA) indicates that 
QPS has detailed procedures addressing the maintenance and calibration 
of equipment, and the types of records maintained for, or supporting, 
many laboratory activities. It also indicates that QPS has detailed 
procedures for conducting testing, review, and evaluation, and for 
capturing the test and other data required by the standard for which it 
seeks recognition. OSHA's on-site review (Ex. 4, p. 2) examined these 
test data and evaluation documents. QPS is using some of these 
procedures to test products for NRTLs. Further, this section indicates 
that QPS has detailed procedures for processing applications and for 
developing new procedures.
    The amended application (Ex. 3) contained adequate procedures to 
address training or qualifying staff for particular technical tasks 
(NA). The amended application indicates that QPS has sufficient 
qualified personnel to perform the proposed scope of testing based on 
their education, training, technical knowledge, and experience. OSHA's 
on-site review (Ex. 4, p. 3) confirmed many of these qualifications. 
The amended application provides evidence that QPS has an adequate 
quality-control system in place, and OSHA's on-site review (Ex. 4, p. 
3) verified the performance of internal audits, and tracking and 
resolution of nonconformances.

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.
    The ``Control Programs'' section of the Basic Summary shows that 
QPS has the quality-control manual and detailed procedures to address 
the steps involved to list and certify products. QPS has a registered 
certification mark. In addition, the ``Control Programs'' section shows 
that the applicant has certification procedures (NA); these procedures 
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. This section 
indicates that procedures also exist for authorizing the use of the 
certification mark, and the actions taken when QPS finds that the 
manufacturer is deviating from the certification requirements. Factory 
inspections will be a new activity for QPS, and OSHA will need to 
review the effectiveness of QPS's inspection program when it is in 
place. As a result, OSHA is proposing a condition to ensure that 
inspections are conducted properly, and at the frequency set forth in 
the applicable NRTL Program policy (see OSHA Instruction CPL 1-0.3, 
Appendix C, paragraph III.A).

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

[[Page 70698]]

or vendors of equipment or materials tested under the NRTL Program. 
OSHA has a policy for the independence of NRTLs that specifies the 
criteria used for determining whether an organization meets the above 
requirement. (See OSHA Instruction CPL 1-0.3, Appendix C, paragraph V.) 
This policy contains a non-exhaustive list of relationships that would 
cause an organization to fail to meet the specified criteria. The 
``Independence'' section of the Basic Summary, and additional 
information submitted by QPS (NA), shows that it has none of these 
relationships, or any other relationship that could subject it to undue 
influence when testing for product safety. QPS is a privately owned 
organization, and OSHA found no information about the ownership that 
would quality as a conflict under OSHA's independence policy. The 
amended application indicates that there is no financial affiliation 
between the ownership of QPS and manufacturers. In summary, the 
information related to independence demonstrates that QPS meets the 
independence requirement.

Creditable 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, and for handling complaints and disputes 
under a fair and reasonable system. The ``Report and Complaint 
Procedures'' section of the Summary document (NA) shows that the 
applicant has detailed procedures describing the content of the test 
reports, and other detailed procedures describing the preparation and 
approval of these reports. This section also shows that the applicant 
has procedures for recording, analyzing, and processing complaints from 
users, manufacturers, and other parties in a fair manner. The on-site 
review (Ex. 4, p. 3) confirmed that QPS processes complaints in a 
timely and appropriate manner.

Standards Requested for Recognition

    QPS seeks recognition for testing and certifying products to the 
following test standards: \2\
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    \2\ The designations and titles of these test standards were 
current at the time of the preparation of this notice.

------------------------------------------------------------------------

------------------------------------------------------------------------
UL 508A...........................  Industrial Control Panels.
UL 913............................  Intrinsically Safe Apparatus and
                                     Associated Apparatus for Use in
                                     Class I, II, III, Division I,
                                     Hazardous (Classified) Locations.
UL 1203...........................  Explosion Proof and Dust Ignition
                                     Proof Electrical Equipment for Use
                                     in Hazardous (Classified)
                                     Locations.
UL 6500...........................  Audio/Video and Musical Instrument
                                     Apparatus for Household,
                                     Commercial, and Similar General
                                     Use.
UL 60335-1........................  Safety of Household and Similar
                                     Electrical Appliances, Part 1:
                                     General Requirements.
UL 60601-1........................  Medical Electrical Equipment, Part
                                     1: General Requirements for Safety.
UL 60950..........................  Information Technology Equipment.
UL 61010-1........................  Electrical Equipment for
                                     Measurement, Control, and
                                     Laboratory Use--Part 1: General
                                     Requirements.
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    OSHA's recognition of any NRTL for a particular test standard is 
limited to equipment or materials (i.e., products) for which OSHA 
standards require third-party testing and certification before use in 
the workplace. Consequently, if a test standard also covers any product 
for which OSHA does not require such testing and certification, a 
NRTL's scope of recognition does not include that product.
    The test standards listed above may be approved as an American 
National Standard by the American National Standards Institute (ANSI). 
However, for convenience, we may use the designations of the standards-
developing organization for the standards instead of 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.

Supplemental Programs

    Should OSHA approve this application for NRTL recognition, it also 
will grant approval for QPS to use the following supplemental program 
because QPS uses outside parties to perform its equipment calibration, 
and, therefore, must properly qualify these parties for this purpose 
following the criteria in the program:

    Program 9: Acceptance of services other than testing or 
evaluation performed by subcontractors or agents (for calibration 
services only)

    QPS applied to use additional programs, but then voluntarily 
withdrew its request after OSHA informed QPS that OSHA was ending the 
practice of approving most of these types of programs for new 
applicants. In the past, when granting recognition to an organization 
as a NRTL, OSHA approved the applicant's use of any supplemental 
programs for which the applicant met the criteria. However, OSHA has 
concern about continuing this practice for new applicants for the NRTL 
Program because the applicants are not yet capable of implementing the 
procedures for testing, evaluating, and performing inspections used 
under the NRTL Program. By continuing this practice, OSHA does not 
allow the NRTL's staff at its recognized site(s) to attain the 
necessary experience, nor does the practice allow OSHA adequate time to 
evaluate properly that staff's technical experience. OSHA has the same 
concern when an existing NRTL applies to expand its recognition under 
the NRTL Program to include additional standards for testing a type of 
product not tested previously by the NRTL under the NRTL Program. 
Examples of such product testing include testing hazardous-location 
products when OSHA recognizes the NRTL for testing only ordinary-
location products, and testing gas-operated products when the NRTL's 
recognition is limited to testing only electrically operated products. 
Therefore, before OSHA approves any NRTL or applicant to use or rely on 
tests, evaluations, and inspections performed by other parties, OSHA 
must first ensure that the NRTL/applicant performs these activities 
adequately using its own staff located at its recognized site(s). The 
only exception to this policy is Program 9, which permits the use of 
qualified parties to calibrate a NRTL's testing equipment. This 
exception does not affect materially the capability of a NRTL/applicant 
to meet OSHA's requirements for recognition. However, regarding 
approval to use other supplemental programs, a NRTL/applicant may apply 
for such approval when OSHA determines that the NRTL/applicant tests, 
evaluates, and performs

[[Page 70699]]

inspections adequately using its own staff located at its recognized 
site(s). Accordingly, OSHA would continue to deny use of such a 
program, or withdraw its prior approval to use such a program, when it 
determines that a NRTL/applicant is not testing, evaluating, and 
performing inspections adequately using its own staff located at its 
recognized site(s).

Additional Condition

    As described above, while QPS has testing and evaluation 
procedures, OSHA could not review how QPS has implemented them because 
QPS has not used them for testing and certifying products under the 
program. In addition, as also described above, while QPS has factory-
inspection procedures, it currently does not conduct regular factory 
inspections. Some of these testing- and factory-inspection procedures 
are newly developed by QPS. Therefore, OSHA also must review the 
effectiveness of QPS's testing and evaluation procedures, and its 
factory-inspection program should OSHA grant NRTL recognition to QPS, 
and do so within a reasonable period after granting recognition. 
Consequently, OSHA proposes to recognize QPS conditionally, i.e., 
subject to a later determination of the effectiveness of these 
procedures. OSHA would include these conditions in the final notice 
should OSHA recognize QPS as a NRTL. These conditions apply solely to 
QPS's operations as a NRTL, and solely to those products that it 
certifies for purposes of enabling employers to meet OSHA product-
approval requirements. These conditions would be in addition to all 
other conditions that OSHA normally imposes in its recognition of an 
organization as a NRTL.
    Imposing these conditions is consistent with OSHA's past 
recognition of certain organizations as NRTLs that met the basic 
recognition requirements, but needed to further refine or implement 
their procedures (for example, see 63 FR 68306, 12/10/1998, and 65 FR 
26637, 05/08/2000). Given the applicant's current activities in testing 
and certification, OSHA is confident that QPS will properly perform its 
activities in the areas noted above.
    Therefore, the following conditions would apply should OSHA 
recognize QPS under the NRTL Program:

    Within 30 days of certifying its first products under the NRTL 
Program, QPS will notify the OSHA NRTL Program Director of this 
activity so that OSHA may schedule its first audit of QPS. At this 
first audit of QPS, QPS must demonstrate that it properly conducted 
testing, review, and evaluation, and factory inspections, and, for 
inspections, did so at the frequency set forth in the applicable 
NRTL Program policy.

Preliminary Finding on the Application

    QPS submitted an acceptable application for recognition as a NRTL. 
OSHA's review of the application file and the results of the on-site 
review indicate that QPS can meet the requirements prescribed by 29 CFR 
1910.7 for recognition to use the test standards listed above. This 
preliminary finding does not constitute an interim or temporary 
approval of the application. QPS corrected the discrepancies noted by 
OSHA during the on-site review, and these corrections are described in 
its response to the on-site review report (NA).
    Following examination of the application file and the on-site 
review report, the NRTL Program staff concluded that OSHA can grant the 
applicant recognition as a Nationally Recognized Testing Laboratory for 
its Toronto, Ontario, facility, subject to the conditions described 
above. The staff, therefore, recommended preliminarily that the 
Assistant Secretary approve the application.
    OSHA welcomes public comment as to whether QPS meets the 
requirements of 29 CFR 1910.7 for recognition as a Nationally 
Recognized Testing Laboratory. 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. 
OSHA must receive the written request for an extension by the due date 
for comments. OSHA will limit any extension to 30 days unless the 
requester justifies a longer period. OSHA may deny a request for an 
extension if it is not adequately justified. To obtain or review copies 
of the publicly available information in QPS's application and other 
pertinent documents (including exhibits), and all submitted comments, 
contact the Docket Office, Room N-2625, Occupational Safety and Health 
Administration, U.S. Department of Labor, at the above address; these 
materials also are available online at http://www.regulations.gov under 
Docket No. OSHA-2010-0046.
    The NRTL Program staff will review all comments submitted to the 
docket in a timely manner, and, after addressing the issues raised by 
these comments, will recommend whether to grant NRTL recognition to 
QPS. The Assistant Secretary will make the final decision on granting 
NRTL recognition, and, in making this decision, 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.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, 200 Constitution Avenue, NW., 
Washington, DC 20210, directed the preparation of this notice. 
Accordingly, the Agency is issuing this notice pursuant to Sections 
6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655 and 657), Secretary of Labor's Order No. 4-2010 (75 FR 
55355), and 29 CFR part 1911.

    Signed at Washington, DC on this 15th day of November 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-29125 Filed 11-17-10; 8:45 am]
BILLING CODE 4510-26-P

