Although the new rules have been preliminarily determined, it will be a while still before the process is complete.  Comments are open until October 6, 2010, after which there could be further discussion and revisions.  More revisions can lead to another proposal and comment period.  Once final rules are established, the CPSC proposes that they not become effective for six months in order to allow time for the market to adjust.

It may feel like there is a lot of time before we know what the exact rules will be, but more often than not, the final rules are vastly similar, if not identical, to proposed rules, so now is the time to get up to speed and begin making adjustments.

Once the standards are in effect, it will be unlawful to sell, lease or otherwise provide a crib for use that does not meet the standards.  In other words, the new standards will apply not only to manufactures, importers, distributors and retailers of cribs, but also to businesses that use cribs such as childcare facilities and hotels.  Both new and used cribs are included, so secondhand stores, and garage salers for that matter, are also unable to sell non-compliant cribs, whether or not they have been recalled.

As with many aspects of the CPSIA, good intentions have met with unintended consequences. At least one Commissioner, Anne Northup, has voiced strong concern over the potential that every crib in America will become obsolete and unsalable overnight, greatly impacting the secondhand market for cribs.  In the proposed rule, however, the CPSC suggests that nearly all crib makers have been following the standards voluntarily already.

Nevertheless, concerned secondhand stores are beginning to making changes.  Kid-to-Kid, an upscale resale shop for children’s items, announced in its newsletter today that they will no longer accept drop-side cribs and will be highly selective with regard to any stationary cribs.

The proposed modifications to ATSM standards, can be read here. Comments are due by October 6, 2010.  During the comment period, you can review the ASTM standards for free at http://www.astm.org/cpsc.htm.  It is not often that these standards are available without charge, so it would be wise to take advantage of the opportunity to review them now.

For those who are curious, here is a quick overview of the history of crib safety regulations:

1973: CPSC issues mandatory regulations for full-size cribs, which were amended in 1982.

1976: CPSC issues nearly identical regulations for non-full-size cribs, which were also amended in 1982.

1996: CPSC published an advance notice of proposed rulemaking (ANPR) that initiated a proceeding for the possible amendment of the crib regulations to address the risk of slats disengaging from cribs’ sides. After publication of the ANPR, the Commission staff worked with the ASTM to add provisions in its standard for full-size baby cribs, ASTM F 1169, to address this hazard.

2008:  The Consumer Product Safety Improvement Act (CPSIA) was enacted.  Section 104(b) of the CPSIA required the Commission to promulgate consumer product safety standards for durable infant or toddler products.  The standards were to be substantially similar to or more stringent than applicable voluntary standards.  Section 104(c) establishes that it will be against the law for anyone to sell, lease or provide for use any crib that does not meet the standards.

July 23, 2010:  CPSC proposes to revoke all previously established rules and replace with ATSM standards, with a few modifications.  The new rules address each of the following areas of concern:

• Drop-side hardware systems
• Non-drop-side hardware systems
• Mattress support issues
• Wood screws
• Assembly and instruction issues
• General requirements
• Slat integrity/wood quality
• Paint/finish
• Attachments
• Slat spacing
• Climb/fall out
• Mattress fit

It all started with frustration, and the idea to make a change.  Hundreds of millions of products discovered by manufacturers and government agencies to be dangerous remain in consumers’ homes, causing thousands of preventable injuries and deaths every year. It is an unacceptable problem to the founders of WeMakeItSafer, who set out two years ago to solve it.

After a year of data gathering, cleaning, research and development, WeMakeItSafer launched its first website with a simple-to-use recalled product search tool.  The main goal of the first, test site was to learn more about the needs of the community.  The site served its purpose well and, over the following year, WeMakeItSafer worked to build the web applications (a.k.a. tools) that companies and consumers desired.

Now, those tools are ready, and we are pleased to release them in a private beta launch.  During this phase, we will be using the feedback of our valued beta testers to make the tools even better in preparation of a public launch.  If you would like to become a beta tester, we’d love to have you.  Please email your request to Beta@WeMakeItSafer.com.

Consider these facts from the Center for Injury Prevention & Control, a division of the Center for Disease Control (CDC):

* For children, drowning is the second leading cause of injury-related death (motor vehicle related injuries are number one).
* In 2006, there were 3,579 fatal unintentional drownings.
* In 2008, 72% of recreational boating fatalities were caused by drowning and 90% of the victims were not wearing life jackets.

The facts point to one obvious but important conclusion: being near water can be very dangerous. Fortunately, there are a number of safety measures one can take to ensure summer days near the water stay fun.

The water situations that present the greatest risks, change as a child ages. Children under one year of age most often drown in bathtubs, buckets, or toilets. Among children aged one to four, most drownings occur in residential swimming pools. The percent of drownings that occur in natural water settings increases with age. Most drownings among those over the age of 15 occur in natural water settings.

Adults have the responsibility of their own water safety and the safety of children. Here are some guidelines from the CDC for keeping everybody safe:

* Use pool fencing and barriers to restrict a child’s access to pool areas. About one in every 25 homes in the U.S. has a pool with inadequate protection / fencing!
* Use life jackets. A quick internet search found life jackets for less than $10.
* Do not use air-filled or foam toys such as “water wings” or “noodles” as a life jacket replacement.
* Refrain from drinking alcohol. Up to half of adolescent and adult deaths associated with water recreation involve alcohol use.
* Learn CPR (cardiopulmonary resuscitation). Bystanders who know CPR have been shown to improve outcomes in drowning victims. CPR training courses are offered by the American Heart Association (1-800-AHAUSA1), the American Red Cross, and many local fire departments. There are also good online sources for information.
* Go to public water locations with trained lifeguards.
* Bring a buddy. Always swim with a buddy that can help you if you need assistance, or alert others.
* Learn how to swim! It’s fun and will be a valuable lifelong skill.

With these simple precautions, you are ready to go out and have a great day with your friends and family.

While many kinds of vehicles, from golf carts to snow mobiles, are included in the Motorsport and Utility Vehicles category, the majority of injuries and deaths reported at the time of recall were attributed to All Terrain Vehicles (ATV) and Recreational Off-highway Vehicles (ROV or ROHV), the latter of which are also known as Utility Vehicles (UTV) or “side-by-sides.”

ROVs differ from ATVs in that they have a steering wheel, bench or bucket seats, seatbelts, foot controls, and a roll cage.  According to Wikipedia, UTVs are designed for a specific task such as a maintenance vehicle, but they are growing in popularity as a purely recreational vehicle.

UTVs, ROVs, and ATVs are all associated with numerous fatalities and injuries every year.  The CPSC already has voluntary standards for ATVs and is currently working on standards for ROVs.  In the meantime, recalls will continue as safety defects are discovered.  Sadly, it seems these recalls often occur too late.   For the Motorsports & Utility Vehicles product category, there were about 200,000 units recalled in 2009.  This averages out to approximately one death for every 4,000 recalled units!

Aside from the deaths associated with recalled products – in other words, products with identified safety defects – evidence shows that these types of vehicles are inherently dangerous.  Although that may not be an earth shattering statement, the numbers are alarming.  The CPSC reports that in one month, April 2010 alone, there were media reports of at least 40 ATV fatalities, including 12 children under the age of 16.  In another study covering the 2003-2005 period, ATV-related deaths peaked in July when 76 adults and 23 children were killed.

In April 2009, the CPSC began requiring ATV manufacturers and distributors to offer free, hands-on training through their dealers to first-time purchasers and age appropriate members of their immediate families within a reasonable time from purchase.  However, knowing these ATV guidelines provided by the CPSC will also go a long way toward staying safe.  Many of these basic rules also apply to UTVs and ROVs.

• Take a hands-on safety training course.
• Always wear protective gear – especially a helmet
• Do not drive a single-rider ATV with a passenger, or ride as a passenger.
• Do not drive ATVs on paved roads.
• Do not permit children younger than 16 to drive or ride adult vehicles.
• Choose an age-appropriate vehicle for your child.

Have a good time and remember to always be safe!

There are numerous tip-lists about poison prevention online, most of which focus on keeping potentially dangerous products out of reach or locked up. These are important steps and, with toddlers and preschoolers in the house, should not be taken lightly. If you have been putting off child-proofing your home because your child(ren) are too young to walk, or because you feel your child is under constant supervision, now is the time to install latches on cabinets and put up high any chemicals in your garage. Before you can blink, baby will be curiously exploring – often right under your nose. Also, don’t forget travel cases and handbags, especially of visitors; make sure they are out of reach as well.

For children old enough to understand, knowledge can be the greatest protection. The best publication we have found for tips on how to talk with children about poisons was drafted by the American Association of Poison Control Centers (AAPCC). It will teach you how to describe poisons and explain what to do and not to do in language your children will understand.

Laws v. Regulations – What’s the difference?

Congress, and only Congress, creates laws. Federal executive departments and administrative agencies write regulations to implement the authority of laws. Regulations (as well as Executive Orders and Proclamations) are ancillary or subordinate to laws but both laws and regulations are enforceable. The U.S. Code is the official compilation of current, codified laws by subject; the U.S. Statutes-at-Large is the official chronological compilation of all laws; and the Code of Federal Regulations is the official compilation of regulations.

Got it? You can also think about it in terms of Checks and Balances, the concept upon which our government was originally designed. In general, the Legislative branch creates the laws, the Executive branch determines how to implement them through regulations, and the Judicial branch decides whether the laws are constitutional and were properly followed.

Do note, however, that not all laws enacted by Congress require or allow regulations to be layered on top. We will come back to this shortly.

How does this apply to the CPSIA?

In the case of the Consumer Product Safety Improvement Act, the bill initiated in congress was called: H.R.4040, Title: To establish consumer product safety standards and other safety requirements for children’s products and to reauthorize and modernize the Consumer Product Safety Commission. After the bill was passed by congress and signed by the President on August 14, 2008, it became law. Title 15, Chapter 47 of the U.S. Code is dedicated to Consumer Product Safety and is where you can find the full text of the current law, although it can take several months or even a year or more before all the changes are reflected in the published books.

The CPSIA is an example of a law that requires an Executive branch agency, the Consumer Product Safety Commission (CPSC) in this case, to go back and interpret certain sections of the law, which the CPSC has been working on since the Act passed and continue to do now. The CPSC’s “final rulings” then become official, legally enforceable regulations. Again, regulations are published in the Code of Federal Regulations (CFR). CPSC regulations can be found in CFR Title 16: Commercial Practices, Chapter 2: Consumer Product Safety Commission.

What about the Federal Register?

Before finalizing a ruling, the CPSC publishes “notices of proposed rulemaking” in the Federal Register. The Federal Register is published daily and includes notices, rules, proposed rules, and executive orders, etc. It is here that you will find published copies of staff proposals if and when the Commission approves them.

Because the FR is chronological and includes documents from many agencies, there is not one section for the CPSC, whereas the Code of Federal Regulations (CFR) is a compilation the regulations published in the Federal Register (FR), organized into chapters by topic. You can think of the CFR as just a bound “book” of finalized regulations, and the FR as all the steps (published documents) that were taken to get there.

What are Standards?

Section 2056 of the U.S. Code (15, 47, 2056) grants the CPSC the power to impose product safety requirements, or standards. The Code specifies that the CPSC is to rely on voluntary standards rather than promulgating rules whenever voluntary standards are likely to “adequately reduce the risk of injury” and where it is “likely that there will be substantial compliance.” Standards may be drafted by the CPSC or by outside organizations or both. If a standard becomes mandatory, it is considered a regulation. In cases where the Commission feels a voluntary standard will not protect the public, it is allowed to set a mandatory standard, the procedures for which are set out in section 2058.

How does the CPSEA fit into the picture?

The Consumer Product Safety Enhancement Act (CPSEA) is being proposed because, as written, the CPSIA does not give enough authority to the CPSC to implement certain regulations. Two of the main purposes of the CPSEA are 1) to correct problems with the CPSIA that the CPSC is powerless to address, and 2) to give the CPSC more power to implement certain regulations where additional clarification is needed or may be needed in the future.

The CPSEA is essentially an attempt to pass a law that will amend a previously passed law. This is commonly done, but typically more time passes between the Acts. In a previous blog post, we listed the Acts that have been passed since the original Consumer Product Safety Act (CPSA) passed in 1972.

Hopefully it is now at least a tiny bit clearer than mud. As always, please note that this post is based on WeMakeItSafer’s understanding and is offered for informational purposes only, not legal advice.

Interestingly, even those who gave the company high marks for how the recall was being handled, had quite a bit to say about what the company ought to do differently.  Here are the first comments we received at each score.

Recall Handling Score: 6

I still see the recalled products in small retail stores.  Find new ways to reach out to small retailers and get all their products off shelves.

Recall Handling Score: 5

I think their main focus right now should be educating the public so that all the recalled medicine is destroyed.

Rather than trying to reach just the purchasers of these products (which is incredibly hard to do), they should aim to reach everyone in the general public.  Critical information like this usually travels fast between friends and parents, so they should focus on getting the information out to as many news outlets & social networks as possible, without worrying about their image.

From what I’ve read, they’ve waited 20 months to announce this recall and only reluctantly.  I think they are being a responsible company now but they are not living up to the reputation they built from the 1982 recall.

Recall Handling Score: 4

J&J should test the drums containing raw materials more thoroughly.

Recall Handing Score: 2

Taking more responsibility for their actions.  Stop trying to explain away as not really “that” dangerous.

___

As more news surfaces in the investigation, we thought it would be interesting to reset the survey to see if views change or remain consistent with consumers’ initial perspective.  Let us here what you think.  You can take the survey here.

It is recommend that one not place carriers on a high surface such as a table or counter, as vibrations (not to mention older children, excited pets and rushing parents) can cause the carrier to slide to the edge and fall. It is equally important that the straps be fastened anytime baby is in the seat. One of our WeMakeItSafer team-members tells this story:

“Our four-month-old son was resting in his infant carrier, unbuckled, as we had done a hundred times before. I went to move him and accidentally knocked the dining chair. Out of instinct, I reached for the chair, which caused me to slightly tip the carrier, causing my son to fall three feet to the kitchen floor. Luckily he was fine, but the nightmare of watching him being rolled into the CAT scan will haunt me forever.”

Our teammate was incredibly lucky. A study conducted by the Department of Pediatrics at the University of Utah School of Medicine looked at medical records of just one emergency room over a 1.4 year period and found 62 infants had been treated for infant carrier falls. “Of these patients, 87.1% were not buckled into their carriers.” Over a third of the infants had to be hospitalized with everything from contusions to skull fractures and even one who had to undergo a craniotomy.

On top of general precautions, parents should take the time to make sure that their car seats and carriers have not been recalled.   While WeMakeItSafer does include baby carriers that have been recalled by the CPSC, we do not yet cover recalls by the National Highway and Trarfic Safety Administration (NHTSA).  This will change soon, but until then, you can check NHTSA recalls at http://www.nhtsa.gov/ .

So what exactly does the CPSEA propose?  Here is a quick summary of the main points in each section:

CPSEA Summary:

Section 1: Short Title

Names this Bill the “Consumer Product Safety Enhancement Act of 2010”.

Section 2: Regulatory Flexibility on Lead Content

Sets forth the criteria that would allow the Consumer Product Safety Commission (CPSC) to grant exemptions to lead limits on grounds of a product’s “functional purpose” either on its initiative or based on a petition by an interested party. If passed, the CPSC could grant an exception if it is determined that the product, material, or component part in question:

1. cannot be practicably or feasibly manufactured without accessible lead,
2. is not likely to be placed in the mouth or ingested, taking into account normal and foreseeable use and abuse by a child, and
3. an exception will have no “measurable adverse effect” on public health or safety, again taking into account normal and foreseeable use and abuse.

Exceptions will be granted only after a minimum 60 day public comment period and examination of all evidence submitted. The party seeking exception bears the burden of proof but may make reference to relevant evidence submitted by other parties seeking exceptions.
If an exception is granted, the CPSC still has the authority to:

1. require the manufacturer to reduce the level of lead or
2. place an expiration date on the exception.

Section 3: Relief for Thrift Store and Other Retailers

Defines the scope of exclusions to lead limits for used children’s products, including some exceptions. The term “used” is defined to mean a product that is obtained from a person who originally purchased the product for use, not resale. The exceptions to used children’s products, meaning products that still must comply with lead limits are:

1. children’s metal jewelry
2. painted children’s toys
3. children’s products composed primarily of accessible vinyl
4. any children’s product for which the donating party or the seller has actual knowledge that the product is in violation of the lead limits
5. any other children’s product designated by the Commission

The prohibition on sale of recalled products stands and is not affected by any other exclusion.

Section 4: Relief for & Cooperation with Small Batch Manufacturers

States that the CPSC will “work cooperatively” with small batch manufacturers and take into consideration any economic, administrative, or other limits on the ability of small batch manufacturers to comply with lead limits, third party testing requirements, additional compliance testing, and tracking label requirements.

The CPSC, “may, by regulation, provide alternative testing requirements for covered products manufactured by small batch manufacturers,” to, “assure compliance with the relevant consumer product safety standards.” The alternative testing methods may apply to a specific product, or product class, or a specific safety standard.
Small batch manufacturer is defined as a manufacturer for which total gross revenue in the preceding year was no more than $1,000,000 and for which at least two-thirds of its products meet the following criteria:

1. no more than 7,500 units of the product were manufactured or imported in the previous calendar year,
2. no more than $50,000 in gross revenue was generated from the sales of that product in the previous calendar year.

The above dollar amounts are adjusted every year by the Consumer Price Index as defined by the Department of Labor. In determining whether a manufacturer qualifies, the CPSC will look at each entity the manufacturer controls, or is controlled by, and any business affiliations.

An “Office for Education, Outreach, and Small Business Ombudsman”, with an annual budget of $1.8 million, is created to assist the CPSC with, “providing education and outreach to all stakeholders and to inform and educate manufacturers and retailers, including resellers, about requirements under this Act or any other Act enforced by the Commission. Such office shall provide special assistance and guidance to small batch manufacturers in understanding and complying with such requirements.’’

Section 5: Additional Provisions

Establishes that the CPSC must notify standards organizations when adopting their standards and creates a rule whereby the organization must contact the CPSC if the standard is revised. The CPSC may or may not accept any revisions of the standard.

Clarifies the authority of the CPSC to subpoena Federal, State, or local government agencies for evidence, and makes changes to definitions of “State” in certain sections of the Virginia Graeme Baker Pool and Spa Safety Act so that subdivisions of a State may be eligible for grants.

Section 6: Effect on Other Law

Clarifies that the CPSEA does not modify the CPSC’s authority with regard to product recalls, nor does it affect rules related to preemption of state and local laws.

The Consumer Product Safety Commission (CPSC) just announced that nearly one million GE coffee makers are being recalled due to a fire and burn hazard to consumers.  In this case, Walmart says it received 83  reports of incidents with the maker, including one significant kitchen fire.  However, safety problems with coffee makers are not uncommon.  In the past five years there have been approximately 25 other recalls of coffee makers and each recall can be for more than one model.  Some of the recalled coffee makers brands include Black and Decker, Bunn, Philips, Signature (Costco), Kenmore, Jura, Orchestra, KitchenAid, Hamilton Beach, Krups, and Tim Hortons.

To find out if your coffee maker or has been recalled, view images of recalled coffee/tea/espresso makers and kettles and check the details to make yours is safe.  I just checked my Gevalia coffee maker.  It hasn’t been recalled although there are two Gevalia recalls.  Next on my list – making sure my friend checks out her Kenmore coffee maker which looks like it may have been recalled in 2008.