FR 2021-03651

In a recent notice by the Occupational Safety and Health Administration (OSHA), part of the Department of Labor, a significant development is unfolding concerning the CSA Group Testing & Certification Inc. CSA has applied to expand its recognition as a Nationally Recognized Testing Laboratory (NRTL). This move, coupled with OSHA's preliminary favorable finding on the application, sets the stage for potential changes in how certain products are tested and certified for safety. Alongside this, OSHA is also proposing the addition of four new testing standards to its list of appropriate standards, with public comments invited by March 10, 2021.

General Summary

The document lays out CSA Group's request to expand its recognition, which means it would be allowed to certify a broader range of products against safety standards. This expansion includes 22 additional test standards that CSA wishes to incorporate into its scope. Moreover, four new test standards are proposed to be added to OSHA's list, which guides which products require certification. The notice describes the procedure allowing CSA's application and these new standards, invites public comment, and specifies how the comments can be submitted and processed.

Significant Issues and Concerns

One of the most notable issues is the ambiguity surrounding the selection criteria for the four proposed new test standards. The lack of detailed information on this process could raise concerns about the impartiality and validity of these decisions.

Another noteworthy point is the application evaluation process for CSA Group. Although it is generally described, there is a shortage of detailed information on how the preliminary findings were reached. This lack of transparency could be problematic for those seeking to understand the criteria and rationale used in the decision-making process.

Furthermore, while the notice encourages public input, the complexity of comprehending the requirements set forth under 29 CFR 1910.7 could impede well-informed public contributions. The use of technical language and references unfamiliar to a general audience may additionally deter a broader engagement.

Public Impact and Stakeholder Considerations

The implications of this document for the general public could be far-reaching, particularly in ensuring that products certified by CSA will adhere to safety standards recognized by OSHA. This approval could mean more products in markets, especially those requiring stringent safety checks. For consumers, this could translate into greater choices and potentially safer products, enhancing consumer protection.

For CSA Group, a positive outcome for their application means an expanded role in certifying products, likely benefiting their business and reputation in the industry. This highlights a positive impact on CSA but may also lead to increased scrutiny over competition with other NRTLs, who may feel their interests are overlooked if processes lack transparency or fairness.

Positively, if the proposed standards are efficiently integrated, this could establish clearer safety benchmarks for products, benefiting the industry by streamlining testing processes and thus potentially reducing costs across the board.

Overall, while the document outlines progress that could positively influence product safety and availability, stakeholders must ensure that decisions are made transparently, supported by robust and clear criteria for the inclusion of new standards. This will reinforce stakeholder trust and ensure that the public benefits fully from optimally functioning safety certification processes.