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 www.osha.gov/​dts/​otpca/​nrtl/​index.html.

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.

(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 ( printed 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 www.osha.gov/​nationally-recognized-testing-laboratory-program/​its.

(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 www.regulations.gov 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.

91 FR 68171