Monday, February 23, 2009

Strategic Planning Session - ICPHSO Board

Moderators: Denise Pozen, ICPHSO Past President
Doug Geralde, ICPHSO Board Member

ICPSC Meeting

ICPHSO Board Dinner (with Platinum Plus Sponsors)

Tuesday, February 24, 2009

ICPHSO Registration/Hospitality Desk

Group Continental Breakfast

Opening General Session
Moderator: Carol Pollack-Nelson, Human Factors Psychologist, Independent Safety Consulting

Recreational Products: Injuries & Prevention - Choose one of two
(break 10:45 am - 11:15 am - Mezzanine)
Experts including CPSC staff, researchers, manufacturers,
attorneys, consumer representatives, test laboratories, and standards representatives, will address a myriad of topics including (but not limited to): hazard patterns and resulting injuries; new technologies, protective gear and designs to present injuries; who is responsible for safety when talking about recreational activities where some risk is assumed and the impact of CPSIA on these industries; consumer behavior and risk perception associated with recreational products; deficiencies in standards (i.e., hazards that are not yet addressed).

#1 Playgrounds & Playground Surfacing
Moderator: Teri Hendy, President, SiteMasters, Inc.
Speaker: Tom Norquist, Senior VP, Sales and Marketing, Game Time
Scott Burton, President, Safety Play
Helle Burlingame, Child Development Specialist, Kompan

#2 Motorized Vehicle Safety - 9:30 am - 10:45 am
Moderator: Rachel Weintraub, Director of Product Safety and Senior Counsel, Consumer Federation of America
Speakers: Mike Gittelman, MD, FAAP, Associate Prof Clinical Pediatrics, Division of Emergency Medicine
Kitty Pilarz, Director, Mattel Worldwide Product Safety, Fisher-Price
David P. Murray, Partner, Willkie Farr & Gallagher LLP
Dr. Gerald McGwin, Department of Opththalmology, University of Alabama at Birmingham

#3 Non-Motorized Vehicle Safety - 11:15 am - 12:30 pm
Moderator: Rachel Weintraub, Director of Product Safety and Senior Counsel, Consumer Federation of America
Speakers: Dr. Dan Thomas, Treasurer, Snell Memorial Foundation, Inc.
Dr. Andrea Gielen, Professor, John Hopkins University,
Center for Injury Research and Policy
David B. Duff, Huffy Corporation

Recreational Products: Injuries & Prevention - Choose one of two
(break 3:15 pm - 3:45 pm - Mezzanine)

#1 Pools & and Spas
Moderator: Alan Korn, Director of Public Policy and General Counsel, Safe Kids Worldwide
Speakers: William Weber, President & CEO, Association of Pools & Spa Professionals
Connie Harvey, Manager, Aquatics Technical Developtment American Red Cross
Carol Pollack-Nelson, Human Factors Psychologist - Independent Safety Consulting
Scott Wolfson, CPSC

#2 Sports Equipment (e.g., baseball, lacrosse, football, etc.)
Moderator: Greg Orloff, Manager, New Business Development, OnSpeX
Speaker: Mike Gittelman, MD, FAAP, Associate Prof Clinical Pediatrics, Division of Emergency Medicine
James Newman, PhD, President, Newman Biomechanical Engineering Consulting
Dr. Dan Thomas, Treasurer, Snell Memorial Foundation Inc.
Dr. Laura Wojcik, Vice President, Biomechanics Packer Engineering, Inc.
Ian Brodie, MSc, Project Manager, Canadian Standards Association (CSA)
Alan H. Schoem, Senior Vice President, Marsh Risk Consulting and former Director of CPSC’s Office of Compliance

Wednesday, February 25, 2009

Exhibitor Setup

ICPHSO Registration/Hospitality Desk

First-Timer's Breakfast
All first-time attendees welcome

Group Continental Breakfast

General Session with Guest Speaker James A. Burns, New York State Fire Administrator (Ret.)

9:15 am - 10:30 am

Workshops

#1 Toy Safety Certification Programs - Part 1
The Consumer Product Safety Improvement Act of 2008 requires that toys be certified by accredited laboratories verifying that they meet safety standards. Hear from experts how safety certification programs work and how well they can protect against unsafe and non-compliant toys in the marketplace.

Moderator: Donald Mays, Senior Director, Product Safety and Technical Policy, Consumers Union/Consumer Reports
Speakers: Elizabeth Borrelli, Executive Director, Toy Safety Certification Program and VP, Corporate Social Responsibility, Toy Industry Association
Joe Mohorovic, VP Strategic Management, Intertek Consumer Goods NA
Mike Dwyer, Executive Director, Juvenile Products Manufacturers Association
R. David Pittle, Former Senior Vice President, Consumers Union, and Former CPSC Commissioner
Benedicte Federspiel, former Executive Director of the Danish Consumer Council
Malcolm Denniss, Technical Director, SGS Consumer Testing Services
Clif McLellan, Director of Toy Safety, NSF International

#2 Children’s Exposure to Chemicals in Consumer Products
From lead to phthalates to BPA—the issue of chemicals and potentially harmful exposure from such chemicals in consumer products has been garnering more and more attention from Federal and State regulators and legislators as well as from the media and consumers. This workshop will focus on the identification of the issues, the regulatory and legislative solutions, and risk assessment including chemical exposure assessments.

Moderator: Eric Rubel, Partner, Arnold & Porter LLP
Speakers: Renee Kalmes, Senior Managing Scientist, Exponent
Rosemary Mattuck, Senior Environmental Engineer, Gradient Corporation
Erik Olson, Director of Chemical and Food Safety Programs at the Pew Charitable Trusts
Tim Sullivan, Deputy Attorney General, California Department of Justice

#3 Have the CPSC’s Enforcement Efforts Become Unbalanced?
The media called 2007 the year of the recall. The media, the public, Congress, and CPSC have focused attention on children’s products that violate restrictions on the level of lead in paint and other surface coatings. The unprecedented number of children’s product recalls led to enactment of the Consumer Product Safety Improvement Act of 2008 which focuses in large part on lead paint, total lead and phthalates in children’s products, and mandatory standards for durable nursery products. CPSC’s limited resources are being used to implement the Improvement Act.

While children’s products that contain high levels of lead paint, total lead or phthalates may present risk to children, is too much emphasis being placed on these chemicals and insufficient resources devoted to finding and recalling defective products? Are serious injuries and deaths caused by defective children’s products being overlooked?

This panel of experts will explore whether the emphasis placed on risks presented by products that contain lead may lead to increased injuries and deaths due to children’s products with design or manufacturing defects.

Moderators: Alan H. Schoem, Senior Vice President, Marsh Risk Consulting and former Director of CPSC’s Office of Compliance
Jason Hertzberg, PhD., P.E., Principal Engineer, Director, Chicago-Area Offices, Exponent, Inc..
Speakers: Michael A. Brown, Principal, Brown & Gidding (former CPSC General Counsel and Executive Director)
Janell Mayo Duncan, Senior Counsel, Consumers Union

Workshops

1. Toy Safety Certification Programs - Part 2 - Legacy North 1
   Note: This session is a continuation of the 9:15 am session
2. Children’s Exposure to Chemicals in Consumer Products - Legacy North 2
   see 9:15am sessions for description and speakers
3. Have the CPSC’s Enforcement Efforts Become Unbalanced? - Heroes Ballroom
   see 9:15am sessions for description and speakers

Workshops

#1 REACH - How it Protects the Consumer, and How Manufacturers Can Successfully Implement It

The European Union's REACH regulation (focused on Registration, Evaluation, Authorization, and Restriction of Chemicals) is designed to reduce risk to human health and the environment from the widespread use of chemical substances. A program whose implementation will take 11 years, REACH will impact not only the manufacturers of the chemicals, but producers and importers of goods. REACH replaces 40 existing pieces of legislation and introduces a single cohesive system for all existing or new chemicals.

This session will help clarify the current status of REACH.

If, as a global company, you are just beginning to consider REACH and its implementation in your organization, you are already behind. If your organization does not operate in Europe, and REACH is a European program, other areas of the world are beginning to look at similar types of legislation, so understanding REACH's purpose, requirements and implementation will help you prepare for similar activities in your region.

This panel will examine REACH from the following perspectives:

• Status since close of Pre-registration
• SVHCs and candidate list - the current list and future projected list
• NGO and governmental activity as related to REACH
• Outlook on REACH's impact on US related legislation

This question and answer forum will facilitate a discussion regarding product classification in relation to safety requirements. This workshop will emphasize the importance of identifying international, federal, state and industry safety requirements and when these requirements need to be met. Government, retailer, and testing laboratory perspectives will assist you in navigating product categories in addition to clarifying the various mandatory and voluntary product safety standards. Find out when a voluntary standard may not be voluntary and other useful safety information.

Moderator: David Simonson, Manager, Solutions Business Development, Bureau Veritas
Speakers: A.J. Guikema, Tetra Tech
James Taylor, Senior Associate, Simmons & Simmons
Julia A. Hatcher, Partner, Latham & Watkins LLP
Elizabeth Hausler, Senior Director, Bureau Veritas

#2 Federal Law or State Law: Whose Preemption is it Anyway
The sweeping changes brought about by the Consumer Product Safety Improvement Act (CPSIA) will have a significant impact on almost every class of consumer product regulated by the CPSC. Manufacturers, wholesalers, importers, and retailers need to re-educate themselves on the far reach of this law into the products they make or sell and how the law interfaces with state laws. Many new questions arise on what procedures the Commission will be able to apply preemption to - the CPSA, FHSA, PPPA, or FFA. Preeption law experts from the Federal, state and consumer law venues will help provide some order to the increasing complex questions raised by the new law, including why lead paint, phthalates and ATVs are treated differently. Panelists will also explore how preemption will apply to mandating the voluntary toy standard ASTM F963 as a mandatory consumer product safety standard, and which products are grandfathered in and which are not.

Moderator: Walt Sanders, Vice President, Law and Government Affairs, Van Fleet Associates, Inc.
Speakers: Rick Locker, Partner, Locker & Locker
Robert S. Adler, Professor of Legal Studies, Kenan-Flagler Business School, University of North Carolina at Chapel Hill
Quinn Dodd, Of Counsel, Mintz Levin

#3 Reporting on Consumer Product Safety Issues
The panel will examine the common goal that consumers, industry, government and journalists have—or should have—in truthful and accurate consumer reporting. Competing interests, how to “get it right,” and issues arising from inaccurate reports will be discussed.

Moderator: Kerrie Campbell, Partner, Chair, Consumer Product Safety, Manatt, Phelps & Philips, LLP
Speakers: Julie Vallese, Managing Director, Burson Marsteller
Don Mays, Senior Director, Product Safety - Consumers Union
Rick Woldenberg, Chairman, Learning Resources
Joseph Martyak, Acting Director of Public Affairs and Chief of Staff to Nancy Nord, CPSC

Symposium Planning - Michelle Reinen

International Caucus/ICPSC Mini-Workshop
The ICPHSO International Caucus will have an opportunity to hear about ICPHSO's international outreach activities including the recent meeting in Brussels. The ICPSC (International Consumer Product Safety Caucus), which brings together regulators from around the world, will also participate in the ICPHSO International Caucus meeting. The ICPSC will update ICPHSO members on their recent and future activities and is also proposing to stage a mini-workshop on product traceability during the international caucus meeting with contributions from regulators from North America and Europe.

Moderator: Bruce Farquhar

Thursday, February 26, 2009 - CPSC Day

*** Please Note Change In Agenda *** The agenda sessions, times and locations have changed for this day. Click here to view the changes to the agenda.

Plenary Session 3 – Product Testing/Hazard Reduction Update
Robert J. Howell, Acting Director, Hazard Identification and Reduction, CPSC

Workshop 2 – Lead and Phthalates
Cheryl Falvey, General Counsel, CPSC
Mary Toro, Director, Regulatory Enforcement Division, Office of Compliance and Field Operations, CPSC
Lori Saltzman, Director, Division of Health Sciences, Directorate for Health Sciences, CPSC

Friday, February 27, 2009

ICPHSO Registration/Hospitality Desk

Group Continental Breakfast

Exhibits Open

General Session - Changing of the Gavel

CPSIA Effects on FDA Regulated Products

The panel will discuss the new questions arising from the potential effects of the CPSIA on FDA-regulated products such as:

• Jurisdictional overlaps between the FDA and CPSC on safety of products regulated by both agencies;
• How to prepare properly qualified GCCs for products regulated by both agencies;
• How third-party testing for dual-regulated children's products may affect product development and manufacture; and
• How new enforcement authorities in the CPSIA potentially may affect dual-regulated products.

Moderator: Kathleen Sanzo, Esq., Morgan, Lewis & Bockius, LLP
Speakers: Anne Marie Murphy, Esq., Hyman Phelps & McNamara, PC
Georgia Ravitz, Arent, Fox LLP
Eric Stone, Esq., K & L Gates, LLP

Retailer Compliance with Product Safety Regulations
With the increased focus on retailer compliance with Section 15 of the CPSA, the announcement of the Retailer Reporting Guidelines by the Office of Compliance in March 2005, and new obligations imposed by the CPSIA (warnings on Internet and catalog advertising, compliance with recall notices, etc.), retailers face a dizzying array of federal law and regulation. This workshop will focus on how retailers can get into compliance with these regulations. The panel will be moderated by ICPHSO President David H. Baker, who represents several major box retailers and several Internet and catalog retailers, and will include representatives from the CPSC, the consumer community, a retailer, and a legal counsel representing retailers. Short individual presentations will be followed by a lengthy question and answer period.

Moderator: David H. Baker, Law Offices of David H. Baker LLC, Washington, DC
Speakers: Marc J. Schoem, Deputy Director, Office of Compliance and Field Operations, CPSC
Nancy A. Cowles, Kids in Danger, Chicago, Illinois
James Ravitz, Esq., Arent Fox LLP, Washington, DC
Jennifer Yelle, Senior Manager Product Safety, Target

BREAK

Global Sourcing – Standards for Improving Product Safety
Today is the world of global product design and production. All products are complex aggregations of components, materials and sub-assemblies that are built in many areas of the world. World-class end-product manufacturers can manage a global product supply chain, integrate multiple levels of manufacturers, and involve their suppliers in the responsibility for product safety. This panel will explore the ways that end-product manufacturers, testing agencies, retailers, and government officials can improve safety throughout the supply chain.

Moderator: Wayne Morris, AHAM – Association of Home Appliance Manufacturers
Speakers: Robert Duncombe, CSA Consumer Representative
Kenneth Ross, Of Counsel, Bowman & Brooke
Barry T. Kalian, Global Program Manager, UL Component Services
Karolyn Helda, Business Development Executive, Specialized Technology Resources