SGS North America, Inc.: Denial of Expansion of Recognition

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

OSHA hereby gives notice of the denial of the request for expansion of the scope of recognition of SGS North America, Inc., (SGS) as a NRTL. SGS requested the addition of two test standards to the NRTL scope of recognition. OSHA is denying that application.

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 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 SGS, which details the NRTL's scope of recognition. These pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.

SGS submitted an application to OSHA to expand recognition as a NRTL to include two additional test standards on September 1, 2021 (OSHA-2006-0040-0079). OSHA staff performed a detailed analysis of the application packet and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application.

OSHA published the preliminary notice announcing SGS's expansion application and OSHA's preliminary decision to deny the application in the Federal Register on August 6, 2024 (89 FR 63985). The agency requested comments by August 21, 2024, but it received no comments in response to this notice.

To obtain or review copies of all public documents pertaining to the SGS application, go to http://www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor. Docket No. OSHA-2006-0040 contains all materials in the record concerning SGS'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 SGS's expansion application and other pertinent information. Based on its review of this evidence, OSHA finds that the standards requested in the expansion application do not meet the requirements of 29 CFR 1910.7 for appropriate test standards or alternative test standards for the NRTL Program. OSHA, therefore, is proceeding with this final notice to deny SGS's request for expansion of the NRTL scope of recognition to include the test standards listed below in Table 1.