Archive for February, 2009

Safety To-Do #8: Protect Your Home and Your Family from Fire

Friday, February 27th, 2009
022709 fire injuries deaths

Every year, thousands of families are devastated by the loss of a home or worse, a family member, due to household fires.  While the number of fire-related injuries and deaths has trended down somewhat over the last ten years, the number of reported household fires remains constant at around 400,000 annually, with total property damage steadily increasing to over $7 billion per year.

022709 fires and property damage

According to the National Fire Protection Association (NFPA), a residential fire was reported every 79 seconds in 2007.  The Injury Center at the Center for Disease Control and Prevention (CDC) further reports that every 32 minutes, someone in the US is injured in a fire, and every 162 minutes, someone dies.

These statistics become harder to swallow when we learn that 63% of residential-fire deaths occurred in homes that did not have working smoke detectors, meaning lives could have most likely been saved with a simple, inexpensive installation or maintenance.  In the remaining 27% of deaths, the smoke detectors were functional, but the victims could not escape in time for various reasons. 

Your safety task for this week is actually a short list of tasks, all of which are necessary to help protect your family:*

  • 022709 screenshot of firesafety gov
    Teach your children about fire safety!  There is a great, interactive site at http://www.firesafety.gov/kids/ (Click "Launch Kids Page".)  Although it is geared toward young children, I highly recommend having older kids work through the slideshow, games and quizzes as well. It is a wonderful visual tool that will help kids of all ages (parents, too) learn and remember what to do in a fire.
  • Make an emergency escape plan and practice it!  Go through various scenarios with your children, pretending the fire is in different locations of your home.  Ask them to show you what they would do.
  • Install smoke detectors throughout your home, especially near bedrooms.
  • Change batteries and clean away dust in existing detectors.
  • Place fire extinguishers in your home, especially in areas such as the kitchen and garage, where fires are likely to break out.  If you use heated hair styling tools or space heaters in the bathroom, it may be a good idea to put one there as well.
  • If you have fire extinguishers already, check the gauges to make sure they are still good.  Over time, fire extinguishers become ineffective.
  • If you have a multilevel home, consider purchasing escape ladders. 

There you have it, your Safety To-Do(s) for this week.  It may seem like a lot for one week, but if you have not recently completed a similar list, please do not put it off any longer.  No one ever thinks his or her home will catch fire, and most likely it never will, but why take the chance?  Being prepared could save your life and the life of someone you love.

Sources:
Center for Disease Control and Prevention (CDC), www.cdc.gov
FireSafety.gov, “An Information Recourse for Eliminating Residential Fire Deaths,” www.firesafety.gov
National Fire Protection Association (NFPA), www.NFPA.org

*While this list is a good start, there is more you can do to improve fire safety.  I encourage you to review the above sources for more information.

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CPSC Seeks Help from the Public in Determining What Products to Exempt from Phthalate Bans

Tuesday, February 24th, 2009
022409 definition of toys and childcare articles

Limits on phthalates in certain child care articles and toys became effective on February 10, 2009.  To address confusion over exactly what products qualify as “child care articles” or “toys,” the CPSC staff recently issued proposed guidelines to define both terms.  In addition, the proposed guidelines provide guidance on how to determine whether a product can be mouthed by a child, a modified restriction on the use of some phthalates. Although these sound like simple enough terms to define, there is still considerable ambiguity.  As such, the CPSC is turning to the public for help.

In general, the CPSC seeks comments as to whether their methodologies for defining “child care article” and “toy” are sound.  The CPSC also asks commenters to discuss why or why not specific products should or should not be exempted from the phthalate ban.  Products in question include:

  • Art materials, model kits, and hobby items in which the finished products is not primarily of play value
  • Athletic equipment
  • Baby bouncers
  • Baby swings
  • Baby walkers
  • Bibs
  • Bicycles
  • Camping goods
  • Costumes and masks
  • Crib and toddler bed mattresses
  • Crib sheets
  • Cribs and crib components such as rails
  • Decorated swimming goggles
  • Furniture
  • Infant sleep positioner
  • Kites
  • Mattress covers
  • Musical instruments
  • Non-powder guns
  • Pajamas
  • Play sand
  • Playground equipment
  • Powered models of aircraft, rockets, boats, and land vehicles
  • Promotional items
  • Shampoo bottles in animal or cartoon character shapes
  • Sharp-pointed darts
  • Sling shots
  • Sporting goods
  • Strollers
  • Toy versions of actual athletic equipment
  • Tricycles
  • Various types of balls
  • Wading pools
  • Water wings
  • Wheeled ride-ons

The full proposal and list of questions can read here:
http://www.cpsc.gov/about/cpsia/draftphthalatesguidance.pdf

If you would like to provide information as to why any of these, or other products, ought to be excluded (or not) from the phthalate ban, you are encouraged to do so via any of the following methods:

E-mail: section108definitions@cpsc.gov.
Telefacsimile: (301) 504-0127
Mail:    Office of the Secretary,
Consumer Product Safety Commission,
4330 East West Highway,
Bethesda, Maryland 20814
Telephone: (301) 504-7530

Please include in the subject-line of written correspondence: “Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information.”

Comments are due to the Commission by March 25, 2009.

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Safety To-Do #7: Make Sure You Have Completed Safety Tasks 1 through 6!

Thursday, February 19th, 2009

Frequent readers of this blog know that, in between legal and financial analyses related to product safety issues, I try to provide safety information and tips to consumers.  At the beginning of the year, I started a weekly series of posts designed to make completing all those tasks we know we should do, but never seem to get around to doing, a bit more manageable.

On the advice of a friend who has had trouble keeping up, I have decided to slip in a catch-up week after every six tasks.  For those who have been diligently following along, this week will be a breeze.  For the rest, here is a re-cap of your first six safety to-do items:

Safety
To-Do #1: Take Down Holiday Decor and Store with Care

We all know that a dry Christmas tree is a fire danger, but did you know that how you take down and store mini lights can have an impact on your safety?  This post give tips for safely removing and storing decorations to avoid cuts and fires.  It also provides some interesting statistics on the number of Christmas tree fires and related deaths that occur in the US each year.

Safety
To-Do #2: Make Sure Your Home is Radon-Free

Radon is odorless, invisible radioactive gas that occurs naturally as water and soil decompose.  It typically enters homes through cracks in foundation or construction joints.  Breathing excessive levels of radon is a proven cause of lung cancer.  This post provides information on how detect and remove radon from your home.

Safety
To-Do #3: Sign Up for a CPR Training or Refresher Course

Few of us realize just how life-saving CPR can be.  The need for CPR can strike at any age at anytime.  A child who suffers traumatic injury, a coworker who is accidently electrocuted, or an elderly neighbor who experiences repertory failure – in each situation, a bystander who knows CPR can dramatically improve the chances of the victim surviving.  This post provides information about CPR training and where to find classes near you.

Safety
To-Do #4: Make Your Stairways Safer

After experiencing a painful fall on my own stairs, I decided to do some research and found I wasn’t alone.  Millions of people in the US present in emergency rooms every year due to falls on stairs.  This post provides a list of tips for making your stairs safer.  From lighting above to treads below, there is something here for each of us to do that will decrease the likelihood of a fall.

Safety
To-Do #5: Install at Least One Carbon Monoxide Detector in Your Home

With winter use of portable generators on the rise, so are the incidents of carbon monoxide poisoning.  The misinformation surrounding proper, safe use of portable generators is shocking, as people continue to believe it is safe to operate the generators indoors.  Carbon Monoxide (CO) is clear and odorless; even if you do not smell exhaust, you could be breathing CO.  This post provides information on the safe use of generators and where to find a CO detector.

Safety
To-Do #6: Give Your Valentine a Warning System… Really?

Though they are called weather radios, these warning systems track more than just hurricanes and tornados.  Amber alerts, 911 outages and terrorist attacks are just a few of the other types of alerts you can choose to receive (or not) with a weather radio.  This post tells what technology to look for when purchasing a weather radio to ensure you are only informed of the emergencies about which your are concerned, and that will provide you the extra time you need to keep your family safe.

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Safety To-Do #6: Give Your Valentine a Warning System… Really?

Thursday, February 12th, 2009

“Emergency officials in Kentucky are suggesting carbon monoxide (CO) detectors and weather radios would make great Valentine’s Day presents.”1

Although I highly suggest flowers and chocolate over CO detectors and weather radios, the officials’ point is well taken.  Last week’s Safety To-Do was to purchase and set up carbon monoxide detectors, so you already have that one covered (right?!); this week we will focus on weather radios.

While particularly useful in areas prone to severe storms, weather radios broadcast a wide range of warnings, including those related to:

  • Hurricanes
  • Floods
  • Tornadoes
  • Thunderstorms
  • Winter storms
  • Oil spills
  • 911 telephone outages
  • AMBER alerts
  • Terrorist attacks

And, according to professors at the University of California at Berkeley, we may be adding earthquakes to that list in the future – an important feature for those of us living on a major fault line, where even a few seconds warning could help someone take cover, or signal an elevator to stop immediately at the closest floor before the shaking begins.2

Admittedly, the above list represents things about which many of us would rather not know, but blissful ignorance is definitely not the right approach when it comes to safety.  Fortunately, many weather radio receivers allow you to choose your geographical area and to opt out of receiving warnings that may not be of interest to you.  For these features you need to look for models with Specific Alert Message Encoding (SAME) technology and Event Blocking. 3

It is also recommended that you choose a radio certified by the Consumer Electronics Association (CEA), which developed the Public Alert Standard.  These models will have the “Public Alert” logo shown above.3, 4 In addition, if you or someone in your home or office has special needs, you will want to look for a model that has an external jack, which will allow you plug in devices such as text printers, bed shakers or strobe lights.  A couple of models that have received great reviews are listed in the Helpful Products section at the top of this page.

“NOAA [National Oceanic and Atmospheric Administration], KYEM [Kentucky Division of Emergency Management] and FEMA [Federal Emergency Management Agency] agree, every residence or business should have a NOAA weather alert radio as standard equipment.” 1

So, while it doesn’t have to be a Valentine’s Day gift – and frankly, for the sake of your relationship, I hope you do choose something more romantic – I do think a weather radio is a prudent measure.  Therefore, your Safety To-Do this week is to order one for home (and one for the office) … but you can wait until after Valentine’s Day to give it to your sweetheart.

1 FEMA news release; “Weather Radios and CO detectors Can You’re your Valentine Safe,” http://www.fema.gov/news/newsrelease.fema?id=47465

2 UCBerkeley News “Early Warning System Predicted Shaking from Oct. 30 Quake,”
http://berkeley.edu/news/media/releases/2007/12/10_earthquake.shtml

3 SAME technology requires Public Alert.

4 NOAA Weather radio/receiver buying guide:
http://www.nws.noaa.gov/nwr/nwrrcvr.htm

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New Rules: Phthalates, Lead Ban Exemptions and Prosecution for Violators

Sunday, February 8th, 2009

The number of rulings and interpretations that have been handed down from the CPSC over the last few days is enough to make anyone’s head spin.  For manufacturers and retailers who must understand and comply with these rules, many of which go into effect in just two days on Tuesday, February 10th, the confusion has become overwhelming.  Key issues around which rulings have been recently updated include:

Phthalates in Children’s Products – Ban Applies to Current Inventory:

02/05/09:  A court ruling determined that the CPSC’s earlier guidance with regard to phthalates is incorrect; current inventory that violates the phthalates ban cannot be sold, manufactured, imported or distributed on or after February 10, 2009.  

The CPSC had previously said that items affected by the phthalates ban could be sold as long as they were manufactured and imported before February 10, 2009.

Children’s Electronics – Ruling on Components Exempt from Lead Ban:

02/05/09: In order to issue exemptions on certain electronics and component parts of electronics intended for children before the lead ban goes into effect on February 10, 2009, the Commission withdrew its proposed ruling and issued an interim final ruling with regard to the exemptions.  The interim final ruling is largely similar to the proposed ruling, except that it spells out the uses of lead that will be exempted.  More information on the electronic device exemptions here.

While the Commission is not required to conduct a comment period for exemptions, it has stated that it will review comments for thirty days, at which time it will finalize the rule.  As before, comments can be sent via email to: Sec101ElectronicDevices@cpsc.gov.
http://cpsc.gov/library/foia/foia09/brief/leadwithdrawal.pdf

Additional Proposed Lead Exemptions for Certain Children’s Books and Textiles:

02/05/09: The Commission has added two classes of products to the list of proposed products or materials to be exempted from the lead ban: 1) Regular books printed after 1985, and 2) dyed or undyed fabrics, provided that they have not undergone processes that may impart lead and they do not have added parts, such as decorations or fasteners that could contain lead. 
http://cpsc.gov/library/foia/foia09/brief/101lead.pdf

Violation of Lead Bans – Limits on Prosecution:

02/05/09: The CPSC issued a statement clarifying that any person who has, in good faith, relied on the Commission’s proposed and interim rulings until final rulings can be made, will not be prosecuted for violation of the lead limits unless 1) the person had actuall knowledge that the product violated the lead limits OR 2) the person was put on notice to stop manufacturing, importing, distributing, or selling the product but did not do so.

Any manufacturer, importer, distributor or retailer who gains knowledge that a product or material contains lead in violation of the lead limits is still required to report the finding(s) to the CPSC.  The Commission may require a product to be recalled regardless of whether or not the person(s) involved will be prosecuted.
http://cpsc.gov/library/foia/foia09/brief/101lead.pdf

Disclaimer:  Rules are changing daily.  While I follow consumer product safety issues closely and do my best to update posts accordingly, I cannot guarantee that this blog will reflect the most recent happenings.  Readers are reminded that content on this site is not to be considered legal advice and is offered for information purposes only, and that the terms and conditions of this site apply. 

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Court Reverses CPSC Interpretation on Phthalates in Children’s Products – Ban Applies to Current Inventory

Sunday, February 8th, 2009

Previously, the CPSC General Counsel advised that, based on
its interpretation of the CPSIA, the banned phthalates only applied to
designated products manufactured or imported on or after February 10, 2009, but
that any products already produced and in the US could still be sold. In a recent suit filed against the CPSC claiming that this interpretation of the CPSIA is
incorrect, the court ruled in favor of plaintiffs stating that “the phthalate prohibitions
unambiguously apply to existing inventory.”

As it stands now (as
of 02/05/09), it will be illegal to sell,
as well as manufacture and import, any
of the designated children’s products which include the banned phthalates on or
after February 10, 2009. More information on the phthalates ban can be found here.

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Which Electronic Children’s Products are Exempted from the Lead Ban: Commission Rules

Saturday, February 7th, 2009

The Commission published a proposed rule with regard to lead in electronics intended for children on January 15. 2009.  The proposal suggested that a number of uses of lead in electronic products for which it is “technically infeasible” to meet the lead limits would be exempted from the lead ban, but the final ruling could not take place until after the close of the public comment period on February 17, 2009.   Without an exemption in place, all manufacturers – whether it is likely their products will be exempted or not – are required to comply with lead bans as of February 10, 2009.

To address this lag time between when manufacturers of electronic devices must comply with the lead ban (02/10/09) and when they will know which products are exempt from the lead ban (after 02/17/09), the Commission announced that it is withdrawing the proposed rule.  In its place, the Commission has posted an “interim” final rule which spells out exactly which electronic products, or components of electronic products will be exempted.

“Based on staff’s review, the Commission has determined that the following exemptions for lead as used in certain components parts in children’s electronic devices that do not meet the lead content limits under the CPSIA are currently necessary:

  1. Lead blended into the glass of cathode ray tubes, electronic components and fluorescent tubes.
  2. Lead used as an alloying element in steel.  The maximum amount of lead shall be less than 0.35% by weight (3500 ppm).
  3. Lead used in the manufacture of aluminum.  The maximum amound of lead shall be less than 0.4% by weight (4000 ppm).
  4. Lead used copper-based alloys.  The maximum amound of lead shall be less than 4% by weight (40,000 ppm).
  5. Lead used in lead-bronze bearing shells and bushings.
  6. Lead used in compliant pin connector systems.
  7. Lead used in optical and filter glass.
  8. Lead oxide in plasma display panels (PDP) and surface conduction electron emitter displays (SED) used in structural elements; notably in the front and rear glass dielectric layer, the bus electrode, the black stripe, the address electrode, the barrier ribs, the seal frit and frit ring as well as in print pastes.
  9. Lead oxide in the glass envelope of Black Light Blue (BLB) lamps.”

Any electronic product or component part of an electronic product that is intended for children aged twelve and under and that does not fall into one of the above categories of exemption must comply with the ban on lead limits as of February 10, 2009.  If the lead-containing component cannot be made inaccessible, it must meet the lead limits.  Comments are open for thirty days.

The complete interim final rule can be found here: http://cpsc.gov/library/foia/foia09/brief/leadwithdrawal.pdf

Until finalized, the above exemptions and rules could change.  Indeed, as we have seen recently with the reversal of the Commission opinion on phthalates inventory, rules may continue to evolve even after they have been “finalized.”   While I will continue to follow closely the news of the CPSC, I cannot guarantee that all changes will be reflected in this blog.  As always, my opinions and understandings are offered as information only and not as legal advice.  Readers are advised to be aware of this website’s terms and conditions and to contact a competent, licensed attorney with experience in the relevant area before making decisions that could affect their business or the safety of their customers.

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Safety To-Do #5: Install at Least One Carbon Monoxide Detector in Your Home

Thursday, February 5th, 2009

“Odorless Killer Stalks Missouri”

When this headline appeared in my inbox, I definitely took notice.  The odorless killer to which the headline from a Federal Emergency Management Agency (FEMA) press release refers, is carbon monoxide.1 Although always a concern in every household, the number of deaths caused by the dangerous gas have increased dramatically during the recent Midwest ice-storms as consumers turn to portable generators for power.

According to FEMA, on average approximately 200 Americans die and more than 10,000 more are treated in emergency rooms each year due to inhalation of carbon monoxide from fuel-burning appliances.  Many additional carbon monoxide related deaths are attributed to the use of portable generators and are clearly seasonal.

In a 2007 study, the Consumer Product Safety Commission (CPSC) reported that approximately 66% of carbon-monoxide related deaths caused by generators occurred in the fall and winter, as opposed to just 34% in the spring and summer.   Even so, as the chart below makes clear, generator use, for any reason, at any time of the year, is dangerous and requires due care.2

020509 generator deaths pie chart

The CPSC has listed several do’s and don’ts for generator use on their site.3 Specific to carbon monoxide, the CPSC recommends:

  • NEVER use a generator indoors, including in homes, garages, basements, crawl spaces, and other enclosed or partially-enclosed areas, even with ventilation. Opening doors and windows or using fans will not prevent CO build-up in the home.
  • Follow the instructions that come with your generator. Locate the unit outdoors and away from doors, windows, and vents that could allow CO to come indoors.
  • Install battery-operated CO alarms or plug-in CO alarms with battery back-up in your home, according to the manufacturer’s installation instructions. The CO alarms should be certified to the requirements of the latest safety standards for CO alarms (UL 2034, IAS 6-96, or CSA 6.19.01).
  • Test your CO alarms frequently and replace dead batteries.

Whether or not you use a portable generator, FEMA and the CPSC recommend that every living space have at least one carbon monoxide detector.  As with radon gas, carbon monoxide is colorless and odorless and cannot be detected except through special monitoring instruments.  Fortunately, these can be purchased easily and relatively inexpensively at hardware and home stores or online.  I have posted a few examples in the Helpful Products section at the top of this page.

Your Safety To-Do item this week is to purchase and set-up (which typically means installing batteries or plugging in) carbon monoxide detectors.  If you already have one, check to make sure it is functioning properly.  If you use, own or intend to purchase a generator, you have the additional task of reviewing the CPSC’s complete list of safety tips for generator use.

Sources:

1 Odorless Killer Stalks Missouri – Carbon Monoxide, FEMA, January 31, 2009, http://www.fema.gov/news/newsrelease.fema?id=47394

2 CPSC Memorandum: “Incidents, Deaths, and In-Depth Investigations
Associated with Non-Fire Carbon Monoxide from Engine-Driven Generators
and other Engine-Driven Tools, 1999-2006,” October 10, 2007

3 Consumer Product Safety Commission Safety Alert: Portable Generator Hazards
http://www.cpsc.gov/CPSCPUB/PUBS/portgend.html

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