Notice2025-16094
Intertek Testing Services NA, Inc.: Grant of Expansion of Recognition
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 22, 2025
Effective
August 22, 2025
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
In this notice, OSHA announces the final decision to expand the scope of recognition of Intertek Testing Services NA, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
Full Text
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<title>Federal Register, Volume 90 Issue 161 (Friday, August 22, 2025)</title>
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[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Notices]
[Pages 41136-41138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16094]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0039]
Intertek Testing Services NA, Inc.: Grant of Expansion of
Recognition
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
[[Page 41137]]
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition of Intertek Testing Services NA, Inc. as a
Nationally Recognized Testing Laboratory (NRTL).
DATES: The expansion of the scope of recognition becomes effective on
August 22, 2025.
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: <a href="/cdn-cgi/l/email-protection#e28f878b8e8b8c858790cc8490838c818b91d0a2868d8ecc858d94"><span class="__cf_email__" data-cfemail="1a777f737673747d7f68347c687b74797369285a7e7576347d756c">[email protected]</span></a>.
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) 693-2300 or email: <a href="/cdn-cgi/l/email-protection#25574a474c4b564a4b0b4e40534c4b65414a490b424a53"><span class="__cf_email__" data-cfemail="d6a4b9b4bfb8a5b9b8f8bdb3a0bfb896b2b9baf8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Notice of Final Decision
OSHA hereby gives notice of the expansion of the scope of
recognition for Intertek Testing Services NA, Inc. (ITSNA), as a NRTL.
ITSNA's expansion covers the addition of one test standard to the NRTL
scope of recognition.
OSHA 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 ITSNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at <a href="http://www.osha.gov/dts/otpca/nrtl/index.html">http://www.osha.gov/dts/otpca/nrtl/index.html</a>.
ITSNA submitted an application dated February 15, 2021 (OSHA-2007-
0039-0063), requesting the addition of one test standard to the NRTL
scope of recognition. OSHA staff performed a detailed analysis of the
application packet and reviewed other pertinent information. OSHA
performed an on-site review of ITSNA's Cortland, New York facility on
April 14-16, 2024, where assessors found nonconformances with 29 CFR
1910.7. ITSNA addressed these issues sufficiently.
OSHA published the preliminary notice announcing ITSNA's expansion
application in the Federal Register on June 26, 2025 (90 FR 27344). The
agency requested comments by July 11, 2025, and three anonymous
comments were received in response. Two commenters ((OSHA-2007-0039-
0067) and (OSHA-2007-0039-0068)) questioned how Intertek could issue
NRTL certifications and conduct field evaluations to UL 9540 when UL
9540 was not yet within ITSNA's scope of NRTL recognition, and attached
to their comments a product description for Energy Storage Systems and
Equipment indicating that ``a representative sample of the device(s)
have been tested, investigated and found to comply with the
requirements of the Standard(s) for energy storage systems and
equipment (ANSI/CAN/UL 9540) and are identified with the cETL and/or
ETL Listed Mark.'' One commenter (OSHA-2007-0039-0066) stated that
Intertek had listed 113 NRTL certificates without having the proper
accreditation and attached to their comment an ITSNA certification
directory indicating ITSNA had certified a number of products to ANSI/
CAN/UL 9540, and several other test standards.
The agency reviewed the documentary evidence submitted by the
commenters and also addressed the commenters' allegations directly with
ITSNA. ITSNA advised OSHA that it has not included references to the
NRTL Program in their quotes or Authorizations to mark UL 9540
certifications. ITSNA also provided copies of example UL 9540
certifications, which do not reference ``NRTL.'' NRTL certifications
note ``NRTL'' on the authorization to mark. OSHA concludes based on its
review that the ITSNA certifications to which the commenters objected
were not NRTL certifications, and ITSNA did not misrepresent its scope
of recognition as an NRTL. As such, no further action will be taken by
the agency with respect to the commenters' allegations.
To obtain or review copies of all public documents pertaining to
the ITSNA expansion application, go to <a href="http://www.regulations.gov">www.regulations.gov</a> or contact
the Docket Office at (202) 693-2350 (TTY (877) 889-5627). Docket No.
OSHA-2007-0039 contains all materials in the record containing ITSNA's
recognition.
II. Final Decision and Order
OSHA staff examined ITSNA's expansion application and examined
other pertinent information. Based on review of this evidence, OSHA
finds that ITSNA meets the requirements of 29 CFR 1910.7 for expansion
of recognition, subject to the specified limitations and conditions
listed in this notice. OSHA, therefore, is proceeding with this final
notice to grant ITSNA's scope of recognition. OSHA limits the expansion
of ITSNA'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 ITSNA's NRTL Scope
of Recognition
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Test standard Test standard title
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UL 9540.............................. Energy Storage Systems and
Equipment.
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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.
A. Conditions
Recognition is contingent on continued compliance with 29 CFR
1910.7, including, but not limited to, abiding by the following
conditions of the recognition:
1. ITSNA 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);
[[Page 41138]]
2. ITSNA must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
3. ITSNA must continue to meet the requirements for recognition,
including all previously published conditions on ITSNA'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 ITSNA 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. 2025-16094 Filed 8-21-25; 8:45 am]
BILLING CODE 4510-26-P
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