Intertek Testing Services NA, Inc.: Grant of Expansion of Recognition

Issuing agencies

Abstract

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

Full Text

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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Notices]
[Pages 68171-68173]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22017]


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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.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the final decision to expand

[[Page 68172]]

the scope of recognition for Intertek Testing Services NA, Inc as a 
Nationally Recognized Testing Laboratory (NRTL).

DATES: The expansion of the scope of recognition becomes effective on 
October 29, 2026.

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) 693-1000 
ext. 18477; email: <a href="/cdn-cgi/l/email-protection#6c0109050005020b091e420a1e0d020f051f5e2c080300420b031a"><span class="__cf_email__" data-cfemail="fb969e929792959c9e89d59d899a95989288c9bb9f9497d59c948d">[email&#160;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) 693-1000 ext. 11538 or email: <a href="/cdn-cgi/l/email-protection#90e2fff2f9fee3fffebefbf5e6f9fed0f4fffcbef7ffe6"><span class="__cf_email__" data-cfemail="2a584548434459454404414f5c43446a4e4546044d455c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of 
recognition of Intertek Testing Services NA, Inc. (ITSNA), as a NRTL. 
ITSNA's expansion covers the addition of one test site 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, as well as for an expansion or renewal of 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 the preliminary finding. In the second notice, 
the agency provides the 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 that 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 14, 2024 (OSHA-2007-
0039-0071), to expand recognition as a NRTL to include one additional 
test site located at: Intertek Testing Services (Singapore) Pte Ltd., 
No. 5 Pereira Road, #06-01 Asiawide Industrial Building, Singapore 
368025. OSHA staff performed a review of ITSNA's testing facilities at 
ITSNA Singapore on February 20-21, 2025, in which assessors found some 
nonconformances with the requirements of 29 CFR 1910.7. ITSNA addressed 
these issues sufficiently, and OSHA staff preliminarily determined that 
OSHA should grant the application.
    OSHA published the preliminary notice announcing ITSNA's expansion 
application in the Federal Register on February 27, 2026 (91 FR 9887). 
The agency requested comments by March 16, 2026.
    OSHA received one comment (OSHA-2007-0039-0073) in response to the 
preliminary finding. The comment raised several concerns about the 
approval and requested that OSHA make public additional information 
related to OSHA's preliminary finding.

(1) National Security, Supply Chains, and Restraint of Trade

    The commenter, which stated that it is an expert in cybersecurity, 
supply chain security, and defense industrial base policy, asserts that 
the expansion application for ITSNA to operate a new testing facility 
in Singapore raises national security, supply chain, and trade concerns 
and suggests several recommendations OSHA should take to address these 
concerns. The commenter's concerns are beyond the scope of OSHA's 
authority to address. OSHA established the NRTL Program, pursuant to 
its authority under the Occupational Safety and Health Act of 1970, to 
protect the safety and health of the Nation's workers (29 U.S.C. 
651(b), 657(g)(2)). Consistent with this authority, NRTLs are 
recognized by OSHA solely to test and certify products to ensure they 
are safe for use in the workplace (29 CFR 1910.7). OSHA does not have 
the authority to regulate national security, supply chain, or trade 
issues.
    Moreover, to the extent the commenter is implying that ITSNA might 
try to use the Singapore site to require manufacturers or other clients 
to disclosure of sensitive information, OSHA is not aware of any such 
concerns and notes that no examples or specifics are provided by the 
commenter. Companies would be free to seek approval from different 
NRTLs.
    Other governmental entities, such as those referred to by the 
commenter, may have authority to address the commenter's concerns 
through regulation or oversight of manufacturers or laboratories, 
inspection of products entering defense contractor or federal facility 
supply chains, or trade policy, for example.\1\ OSHA also notes that 
ITSNA already operates at sites in seven other sites in China that have 
been previously approved by OSHA and OSHA is not aware of any 
significant issues resulting in the areas of concern to the commenter.
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    \1\ OSHA notes that the NRTL program regulation includes 
additional considerations related to the initial recognition of 
foreign-based testing organizations (29 CFR 1910.7, App. A.I.A1.b.). 
These considerations are not applicable to the instant matter 
because: (1) the application is not one for initial OSHA 
recognition; and (2) ITSNA is not a foreign-based testing agency or 
organization. Its headquarters is located in Arlington Heights, 
Illinois.
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(2) Request for OSHA To Publish a Report of NRTL Nonconformances

    In addition to raising national security, supply chain, and trade 
concerns, the commenter requests that OSHA ``[p]ublish the full 
nonconformance report and corrective action documentation from the 
February 2025 Intertek Singapore site review before finalizing its 
recognition determination.'' The purpose, the commenter asserts, would 
be to allow comment on the ``nature or severity of the nonconformances 
found, whether any nonconformances involved testing methodology, 
equipment calibration, or documentation integrity, what specific 
corrective actions Intertek Singapore implemented, [and] how OSHA 
verified that corrective actions were effective rather than merely 
paper-compliant.'' The commenter further elaborates that its goal is to 
review ``the scope and methodology of the February 2025 review, the 
qualifications and independence of OSHA assessors conducting the 
foreign site review, whether OSHA engaged Singapore regulatory 
authorities in the review process, [and] the basis for the 
determination that nonconformances were `sufficiently addressed.' ''
    OSHA rejects this request. It is longstanding OSHA practice not to 
publish nonconformance reports or corrective action documentation in

[[Page 68173]]

connection with the processing of NRTL applications. Publishing the 
documentation in connection with the processing of NRTL applications 
would likely hamper OSHA efforts to conduct oversight of the NRTL 
Program during assessments. That oversight is in large measure 
dependent on the free flow of information between OSHA and the NRTL and 
an understanding that the parties can speak candidly about 
nonconformances with the aim of resolving them. If the documentation 
were freely available, NRTLs could be more cautious about openly 
discussing and acknowledging even minor nonconformances because of 
potential negative impacts on their reputations and businesses. For 
example, a NRTL client might misconstrue the significance of a 
nonconformance and terminate its relationship with the NRTL.

(3) Request for Publication of the Scope of NRTL Recognition for the 
Singapore Site

    The commenter also requests that OSHA ``[p]ublish the complete 
proposed scope of recognition for the Singapore site--including all 
test standards--before the public comment period closes.'' This request 
reflects a misunderstanding of how OSHA recognizes NRTLs. OSHA does not 
maintain lists of test standards for which individual sites are 
recognized. Instead, a NRTL's scope of recognition is granted to the 
NRTL as an entity. As part of the recognition process, the NRTL must 
list the sites and test standards for which it seeks recognition, so 
ultimately OSHA's recognition consists of a recognition of the NRTL to 
operate at one or more recognized sites using one or more recognized 
test standards. Collectively, the NRTL must have the capability to 
conduct evaluation and testing to each of the test standards in its 
scope at any combination of its recognized sites. A NRTL's capability 
to conduct evaluation and testing at a particular recognized site may 
vary based on factors such as staffing at that site.
    OSHA notes that ITSNA's current scope of recognition includes 34 
recognized sites and 608 test standards. ITSNA's scope of recognition 
is available on OSHA's website, see <a href="https://www.osha.gov/nationally-recognized-testing-laboratory-program/its">https://www.osha.gov/nationally-recognized-testing-laboratory-program/its</a>.

(4) Request for OSHA To Establish a New Ongoing Monitoring Protocol for 
the Singapore Site

    Finally, the commenter requests that OSHA ``[e]stablish an ongoing 
monitoring protocol for the Singapore site--including periodic 
unannounced reviews--as a condition of continued recognition.'' This 
request is unnecessary because OSHA already has adequate applicable 
policies. The NRTL Program Directive contains policies and procedures 
for the conduct of Post-Recognition Assessments/Monitoring Visits at 
each recognized site ``at least once every two years'' (NRTL Program 
Directive, Ch. 2.XV.). The Directive also contains policies and 
procedures for the conduct of unscheduled assessments, including the 
authority for OSHA to conduct unscheduled assessments ``when warranted, 
at the OTPCA Director's discretion.'' (Id.). The commenter provides no 
evidence to suggest that these policies are inadequate or that the 
Singapore facility warrants additional assessments.
    For the reasons described above, OSHA will take no further action 
regarding the comment and is now proceeding with this notice to grant 
expansion to ITSNA's scope of recognition.
    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 (202) 693-2350 (TTY (877) 889-5627). Docket No. OSHA-
2009-0025 contains all materials in the record containing ITSNA's 
recognition.

II. Final Decision and Order

    OSHA staff examined ITSNA's expansion application, conducted a 
detailed on-site assessment, 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. OSHA, therefore, is 
proceeding with this final notice to grant ITSNA's scope of 
recognition. OSHA limits the expansion of ITSNA's recognition to 
include the site in Singapore as listed above. OSHA's recognition of 
the site limits ITSNA to performing product testing and certifications 
only to the test standards for which the site has the proper capability 
and programs, and for test standards in ITSNA's scope of recognition. 
This limitation is consistent with the recognition that OSHA grants to 
other NRTLs that operate multiple sites.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, 
ITSNA also must abide 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);
    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.
    OSHA hereby expands the NRTL scope of recognition for ITSNA to 
include one additional test site in Singapore.

III. Authority and Signature

    Amanda Laihow, Principal Deputy 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. 7-2025 (90 FR 27878, 
June 30, 2025), and 29 CFR 1910.7.

    Signed at Washington, DC, on September 30, 2026.
Amanda Laihow,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2026-22017 Filed 10-28-26; 8:45 am]
BILLING CODE 4510-26-P


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