Rules and Regulations. Notice

Agency: Occupational Safety and Health Administration (OSHA), Labor
Action: Notice
Citation: FR Doc. 2025-16093 · Docket No. OSHA-2010-0046

Summary

In this notice, OSHA announces the final decision to expand the scope of recognition for QPS Evaluation Services, Inc. as a Nationally Recognized Testing Laboratory (NRTL).

Dates

The expansion of the scope of recognition becomes effective on August 22, 2025.

Supplementary Information

I. Notice of Final Decision OSHA hereby gives notice of the expansion of the scope of recognition of QPS Evaluation Services, Inc. (QPS) as a NRTL. QPS's expansion covers the addition of one test standard to the NRTL scope of recognition. OSHA's recognition of a NRTL signifies that the organization meets the 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 the scope of recognition. Each NRTL's scope of recognition includes: (1) the type of products the NRTL may test, with each type specified by the applicable test standard; and (2) the recognized site(s) that has/have the technical capability to perform the product-testing and product-certification activities for test standards within the NRTL's scope. Recognition is not a delegation or grant of government authority; however, recognition enables employers to 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 and 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 a preliminary finding. In the second notice, the agency provides a 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, including QPS which details the NRTL's scope of recognition. These pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html. QPS submitted an application to OSHA for expansion of the NRTL scope of recognition on February 2, 2024 (OSHA-2010-0046-0024), requesting the addition of one standard to the NRTL scope of recognition. OSHA staff performed a detailed analysis of the application packet and reviewed other pertinent information. OSHA did not perform an on-site review related to this application. OSHA published the preliminary notice announcing QPS's expansion application in the Federal Register on June 26, 2025 (90 FR 27346). The agency requested comments by July 11, 2025, and one anonymous comment was received in response to this notice. In the comment located in the docket at (OSHA-2010-0046-0025), the commenter stated that “[t]he QPS should not be considered as part of an OSHA action plan for a potential conflict of interest. This would be a violation of OSHA regulations for the purposes of the contract in question. OSHA does not participate in rule enforcement and does not have the authority to justify the recognition requested.” NRTL Program staff reviewed this comment and determined that it lacks the detail and clarity that would allow OSHA to provide a meaningful response. To obtain or review copies of all public documents pertaining to the QPS's application, go to https://www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor. Docket No. OSHA-2010-0046 contains all materials in the record concerning QPS's recognition. Contact the OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in locating docket submissions. II. Final Decision and Order OSHA staff examined QPS's expansion application, its capability to meet the requirements of the test standard, and other pertinent information. Based on its review of this evidence, OSHA finds that QPS meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the limitations and conditions listed in this notice. OSHA, therefore, is proceeding with this final notice to grant QPS's application for an expansion of the scope of recognition. OSHA limits the expansion of QPS's recognition to testing and certification of products for demonstration of conformance to the test standard listed below in Table 1. Table 1—Appropriate Test Standard for Inclusion in QPS's NRTL Scope of Recognition Test standard Test standard title UL 347A Medium Voltage Power Conversion Equipment. 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, a NRTL's scope of recognition does not include these products. The American National Standards Institute (ANSI) may approve the test standard listed above as an American National Standard. 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 01-00-004, Chapter 2, Section VIII), 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. A. Conditions In addition to those conditions already required by 29 CFR 1910.7, QPS must abide by the following conditions of the 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 its operations as a NRTL, and provide details of the change(s); 2. QPS must meet all the terms of its 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 expands the scope of recognition of QPS as a NRTL, subject to the limitations and conditions specified above. III. Authority and Signature Amanda 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. 7-2027 (90 FR 27878; June 30, 2025), and 29 CFR 1910.7. Signed at Washington, DC, on August 18, 2025. Amanda Laihow, Acting Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2025-16093 Filed 8-21-25; 8:45 am]