November 2009
• President's Message
• From the Editor's Desk
• News of Note
• From the CPSC
• From the ICPSC
• Who’s Who
• Upcoming Events
• Thank You, ICPHSO Sponsors and Co-Hosts
ICPHSO is a Key Link of Consumer Product Supply Chain Management
According to a definition from the Council of Supply Chain Management Professionals (CSCMP), supply chain management:
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“ encompasses the planning and management of all activities involved in sourcing and procurement, conversion, and all logistics management activities. Importantly, it also includes coordination and collaboration with channel partners, which can be suppliers, intermediaries, third party service providers, and customers. In essence, supply chain management integrates supply and demand management within and across companies.”
Product safety professionals know that safety must be integral to every stage of the supply chain and safety has to be prioritized by those managing the supply chain from the earliest stages of sourcing, procurement, product design to the final stages of selling or, if it occurs, recalling a product. Those product safety professionals who attend ICPHSO meetings and training symposiums also know that participation in ICPHSO is a key component of supply chain management.
ICPHSO provides a forum for the exchange of information by the world’s leading product safety experts, which presents the most up-to-date and innovative information to help integrate safety into the life cycle of a product.
Not only does ICPHSO provide substantive workshops on new and existing product safety laws, the role of standards in product safety, designing safety into consumer products, supply chain management, effective recall management, to name just a few, but ICPHSO also provides a forum where participants can interface and network with the leading experts of all of these subject areas.
As the supply chain grows longer and more complex, ICPHSO provides and even more important resource for everyone working on product safety no matter what link of the supply chain is their responsibility.
Becoming involved with ICPHSO, primarily as a member, as a conference and meeting attendee, and as a volunteer helping to support our events is the best way to ensure that ICPHSO is as effective and useful as possible.
Thanks for your past and future involvement.
Rachel Weintraub
ICPHSO President
CPSC’s Support of ICPHSO Makes a Difference
(This Editor's Note was composed at 35,000 feet on a flight from
Albuquerque to Washington, D.C.)
The Albuquerque Hot Air Balloon Festival was fabulous and I would highly recommend it to anyone who has not seen or participated in one. We are fortunate because our daughter and family have a home in Albuquerque, which doubles our pleasure.
Speaking of fortunate —or perhaps a better word is "thankful" — ICPHSO is thankful for the 17 years of support from the Consumer Product Safety Commission (CPSC). Yes, I know we are an International Organization and, yes, we strive hard and with great success to fulfill that role. From agenda planning to key leadership roles, ICPHSO is well-represented with International input and guidance. The "I" has landed in ICPHSO.
But let us not forget the vital role CPSC has played and continues to play in the success of ICPHSO. The CPSC Chairman has been a keynote speaker at our Annual Meetings 16 of the 17 Symposiums. A snowstorm in Washington, D.C., prevented a perfect record.
This year, CPSC Chairman Inez Tenenbaum will be keynoting our Annual Symposium and Commissioner Bob Adler will also attend and play a prominent role in the meeting. Commissioners Nancy Nord and Thomas Moore have both been very supportive of ICPHSO and have contributed to our success. ICPHSO recently met with Commissioner Ann Northrup and we anticipate her support. Thanks to all the CPSC Commissioners.
Each year CPSC sends key staffers to participate in our symposium. In fact, the "CPSC Day" is our most highly evaluated session year in and year out.
Over the years of ICPHSO/CPSC cooperation, one CPSC name stands out of many who have supported our organization. That name is Marc Schoem, Deputy Director of Compliance and Field Operations. Marc is currently a member of the ICPHSO Board of Directors, but his importance to ICPHSO and, we believe also to CPSC, is in his training of business, industry, and state governments at ICPHSO sponsored events worldwide.
Marc is not only knowledgeable of all CPSC rules and regulations, policies and procedures; he is able to effectively communicate them to his audience.
So, I raise my $6 beer (with no peanuts) in praise of the Consumer Product Safety Commission. May we continue the excellent support and cooperation that has made both of our organizations leaders in our respective fields.
Ross Koeser
Executive Director, ICPHSO
- Board Meets with Inez Tenenbaum
- Consumer Reports Safe Marketplace Program Helps Guide Shoppers
- What is Keeping Babies Safe?
- Smoke Alarms and Fires
- Consumer Reports Partners with Education Groups to Distribute Child Product Safety Information
- The CTC Group Achieves ISO and CPSC Accreditation
Gathering in Washington, D.C., were, from left, Marc Schoem, Deputy Director, CPSC Compliance and Field Operations; Wayne Morris, Vice President, Association of Home Appliance Manufacturers; Ross Koeser, Executive Director, ICPHSO; Inez Tenenbaum, Chairman, CPSC; Rachel Weintraub, ICPHSO President, Assistant General Counsel CFA; David Baker, Past President ICPHSO, Law Offices of David H. Baker; Ann Weeks, Vice President, Government Affairs, UL.
1. Board Meets with Inez Tenenbaum
Members of the ICPHSO Board of Directors in the Washington, D.C., area met with the Consumer Product Safety Commission Chairman Inez Tenenbaum and Commissioner Bob Adler for a courtesy visit on Aug. 20.
The purpose of the visit was to strengthen the partnership between the CPSC and ICPHSO. A number of strategies were discussed and both parties agreed to continue our successful relationship.
2. Consumer Reports Safe Marketplace Program Helps Guide Shoppers
From bike helmets to carbon monoxide detectors to sunscreen, safety information from Consumer Reports® has found its way to retailers. Consumers Union, the independent publisher of Consumer Reports magazine and ConsumerReports.org®, developed Consumer Reports Safe Marketplace Program, a public education effort that shares pertinent product safety content through in-store video screens. Retailers Walmart and Costco already are airing the program and other retailers will follow soon.
“Consumer Reports Safe Marketplace Program allows us to reach, educate and mobilize consumers where they spend innumerable hours and make many of their key buying decisions: their favorite retailers,” said John Sateja, Senior Vice President for Information Products.; “Known for helping consumers make safer, smarter and better-informed buying decisions, Consumer Reports will be able to reach millions more Americans through this new program, providing information they need where and when they need it.”
Retailers participating in the Consumer Reports Safe Marketplace program will receive safety-focused free high-quality video content comprising safe ways to use products, safety statistics, product recall information and more. Each retailer will be able to embrace this information as they see fit. Current plans include:
- Walmart is airing the videos at the cash register check-out screens at 590 stores;
- Costco is airing the video on their electronics walls at 400 stores;
- The program is open to all retailers with in-store video applications or they can participate via their websites if they have the capability to host the video within their site or they can link to the safety video directly on Consumer Reports’ site.
The rapidly expanding system of in-store video screens has become a major conduit to disseminate information directly to the consumer at the point-of-sale—and the potential reach is enormous. Across the Walmart stores, for example, an estimated 40 million consumers will view the video every four weeks. Likewise, roughly 20 million views are expected in Costco stores.
Subjects for future video include smoke detectors, toys safety, furniture safety, safe food handling child safety seats, fire safety, and more. Videos will also be created to disseminate critical recall information to shoppers.
Each highly stylized video runs from 30 to 60 seconds and is designed to capture shopper’s attention and to illustrate safety information in an easy to understand format, even with the sound turned down.
3. What is Keeping Babies Safe?
Keeping Babies Safe is a non-profit 501 (c) (3) organization that provides education and leadership in keeping babies safe from preventable injuries and deaths associated with unsafe cribs, dangerous infant products and unsafe sleep environments. Its goals are to educate, generate awareness and to distribute cribs through the program Project Safe Crib.
Project Safe Crib is designed to help parents from economically challenged environments obtain safe cribs through human service organizations around the country. Keeping Babies Safe purchases safe cribs at an industry discount and offers them to health and human service organizations that have demonstrated a thorough training in safe crib practices. Keeping Babies Safe conducts these training seminars to healthcare professionals as part of the services of Project Safe Crib.
Keeping Babies Safe and Project Safe Crib were launched after Garret, the son of Jack Walsh, director emeritus of Keeping Babies Safe, passed away because of an unsafe sleep environment. Safe cribs and crib safety knowledge is the best defense against unsafe cribs and sleeping conditions.
In the past two years more than 5 million cribs, bassinets and play yards have been recalled. It is mission of Keeping Babies Safe to provide information and education to the general public so they can stay better informed against crib and sleeping environment dangers.
The organization will continue to work as an advocate and information resource for parents to ensure that cribs and sleeping environments for children remain safe, according to Walsh. “We will work tirelessly so that no one will loose a child due to an unsafe crib and sleeping environment.”
Keeping Babies Safe is committed to expanding its educating efforts and Project Safe Crib program to the general public. In the past year, more than 500 families participated in fundraising events and the organization raised more than $100,000. In 2008, 350 cribs were donated to families nationwide and the group intends to expand that number in 2009 and 2010.
In April 2009, Keeping Babies Safe launched a co-branded safe sleeping poster in tandem with the Consumer Product Safety Commission. It features a safe sleeping checklist for parents that demonstrates easy-to-follow guidelines for safe sleeping practices. The website (www.keepingbabiessafe.org) is linked with the CPSC to include all crib and child product safety recalls on the Keeping Babies Safe website.
Here are the findings from a National Fire Protection Association report on smoke alarms in U.S. home fires, written by Marty Ahrens of the group’s Fire Analysis and Research Division. This Executive Summary is from September 2009.
For more information, go to http://www.nfpa.org/assets/files/PDF/OS.SmokeAlarms.pdf.
Executive Summary
Smoke alarms have become such a common feature in U.S. homes that it is easy to take them for granted. Newspapers often report fires in which blaring smoke alarms alerted sleeping occupants to danger. These devices alert countless others to fires just as they are starting. A 2008 survey conducted for NFPA by Harris Interactive found that 24 of every 25 (96%) U.S. homes had at least one smoke alarm. Homes include one- and two-family homes, apartments, and manufactured housing.
Almost two-thirds of home fire deaths resulted from fires in properties without sounding smoke alarms.
In 2003-2006, smoke alarms were present in roughly two-thirds (69%) of reported home fires and sounded in roughly half (47%) of the home fires reported to U.S. fire departments. Forty percent of home fire deaths resulted from fires in which no smoke alarms were present at all. Twenty three percent of the deaths were caused by fires in properties in which smoke alarms were present and but failed to operate. Smoke alarms operated in fires that caused 37% of the deaths. One percent of the deaths resulted from fires that were too small to activate the smoke alarm.
Smoke alarm failures usually result from missing, disconnected, or dead batteries.
When smoke alarms fail to operate, it is usually because batteries are missing, disconnected or dead. People are most likely to remove or disconnect batteries because of nuisance activations. Sometimes the chirping to warn of a low battery is interpreted as a nuisance alarm.
Smoke alarms should be tested at least once every month to ensure that both the batteries and the units themselves are still working. Replaceable batteries should be replaced in accordance with the manufacturer’s instructions, at least once every year.
In one-fifth of all homes with smoke alarms, none were working.
In 1992, the U.S. Consumer Product Safety Commission (CPSC) sent surveyors to people’s homes to find out how common smoke alarms were and what portion of these devices were working in the general population's homes. In one of every five homes that had at least one smoke alarm installed, not a single one was working. Including homes without smoke alarms and homes with only non-working alarms, one-quarter of U.S. households do not have the protection of even one working smoke alarm.
In follow-up visits after smoke alarm installation
programs, typically a substantial portion of the installed alarms were not working.
Most homes do not yet have the protection recommended in the 2007 edition of NFPA 72.
The 2007 edition of NFPA 72, National Fire Alarm Code® required smoke alarms in every bedroom, outside each sleeping area, and on every level. They should also be interconnected so
that when one sounds, they all sound. Most homes do not have this level of protection.
The CPSC’s 2004-2005 Residential Fire Survey asked about all fires, including incidents that were not attended by the fire service. Based on respondents’ reports, 82% of the households that had fires and 84% of non-fire households had smoke alarms on every level. Only 22% of fire households had smoke alarms in all bedrooms compared to 31% of households without fires.
Thirteen percent of the fire households and 19% of the non-fire households had interconnected smoke alarms. When interconnected smoke alarms were present, they operated in 53% of the incidents and provided the only alert in 26% of the fires. In many cases, people are in the room or nearby when a fire starts and notice it before the smoke alarm sounds. In cases where the smoke alarms provided the only alert, the occupants had not been aware of the fire until the smoke alarm sounded.
When the smoke alarms were not interconnected, they operated in only
27% of the fires and provided the only alert in 8%. When smoke alarms did not operate, it was typically reported that smoke did not reach the alarm.
Most homes still have smoke alarms powered by batteries only.
In the 2007 American Housing Survey (AHS), 67% of the respondents who reported having smoke alarms said their alarms were powered by batteries only, 24% said their alarms were powered by electricity and batteries, and 9% by electricity only. For many years, NFPA 72 has required smoke alarms in new construction to be hardwired with battery backup. Yet the AHS found that in 37% of homes less than five years old that had working smoke alarms, the smoke alarms were powered by battery only. To be effective, the codes must be adopted and enforced.
People 55 or older were more likely to have smoke alarms that were more than 10 years old.
NFPA has long recommended that smoke alarms be replaced every 10 years. The previously mentioned 2008 survey Harris Interactive survey found that, among households with smoke alarms, 10% of respondents of all ages and 17% of those at least 55 years old reported that their smoke alarms were more than 10 years old.
The same survey asked for perceptions of how often smoke alarms should be replaced. Only 12% reported that smoke alarms should be replaced every 10 years. Thirty-five percent simply did not know or refused to answer the question. Four percent thought these devices never need replacing. Roughly two in five believe that smoke alarms should be replaced at least every 4-6 years, if not more often.
Some of the confusion about how often smoke alarms should be replaced is likely due to different recommendations for replacement schedules of devices that detect smoke and carbon monoxide. Manufacturers of carbon monoxide alarms and combination smoke/carbon monoxide alarms often recommend more frequent replacement.
Fire Protection Research Foundation study found that strobe lights, used alone, were ineffective in waking people who were hard of hearing.
The Fire Protection Research Foundation studied the waking effectiveness of different types of alarm signals for various high risk groups. The authors of the 2007 report found that a loud low frequency square wave auditory signal was most effective in waking those with moderate to severe hearing loss. This signal performed better than bed or pillow shakers and strobe lights. Strobe lights, when used alone, were not effective in waking this population.
The renamed 2010 edition of NFPA 72, National Fire Alarm and Signaling Code, will require that audible notification appliances used in bedrooms for those with mild to severe hearing loss produce a low frequency signal. Another new provision will require tactile notification appliances in addition to strobes for individuals with profound hearing loss. These provisions will take effect immediately upon adoption of the new code.
Follow these tips.
The Educational Messages Advisory Committee (EMAC) to NFPA’s Public Education Division developed the following tips for the testing and maintenance of smoke alarms.
• Choose a smoke alarm that bears the label of a recognized testing laboratory.
• Install a smoke alarm in every bedroom, outside each sleeping area, and on every level of your home, including the basement.
• Interconnect all smoke alarms throughout the home. When one sounds, they all sound.
• Replace batteries in all smoke alarms at least once a year. If an alarm “chirps,” warning the battery is low, replace the battery right away.
• Replace all smoke alarms, including alarms that use 10-year batteries and hard-wired alarms, when they are 10 years old or sooner if they do not respond properly when tested.
• Test your smoke alarms at least every month, using the test button or an approved smoke substitute and clean the units, both in accordance with the manufacturers’ instructions.
• An ionization smoke alarm is generally more responsive to flaming fires and a photoelectric smoke alarm is generally more responsive to smoldering fires. For the best protection, both types of alarms, or a combination alarm (photoelectric and ionization), should be installed in homes.
The households with smoke alarms that don’t work now outnumber the households with no alarms by a substantial margin. Any program to ensure adequate protection must include smoke alarm maintenance. Only one in four people reported testing their smoke alarms at least once a month. Although most homes have at least one smoke alarm, many homes do not have a unit on every floor. It is easy to forget that a smoke alarm’s sole function is to sound the warning.
People need to develop and practice escape plans so that if the alarm sounds, they can get out quickly. Because smoke alarms alert occupants to fires that are still relatively small, some people attempt to fight these fires themselves. Unfortunately, some of these attempts are unsuccessful due to either rapid fire spread or inappropriate methods of fire control. Meanwhile, precious escape time is lost.
5. Consumer ReportsPartners with Education Groups to Distribute Child Product Safety Information
Consumer Reports® is teaming up with the National Parent Teacher Association (PTA) and the National School Boards Association (NSBA) to deliver critical and time-sensitive information on recalled and defective products to millions of parents and educators across the United States. The web-based Consumer Reports School Safety Alert Program will distribute safety alerts and recall notices on children’s products including toys, foods and furniture.
Consumer Reports has created a micro site, www.ConsumerReports.org/schoolsafety that will contain news and videos on the latest product recalls from the federal Consumer Product Safety Commission and Food & Drug Administration impacting children. The PTA and NSBA have agreed to distribute and help promote the online resource to their millions of members.
The School Safety Alert Program was formally launched in mid-October. The National PTA is distributing the link to the site through the e-mail newsletters sent to its members every two weeks. The National School Boards Association is asking individual school boards across the country to incorporate the link onto school district websites.
“Time and time again, we’ve seen incidents of recalled products including bassinets, window blind chords, and toys killing or injuring children.” said Jim Guest, President and CEO of Consumers Union, the publisher of Consumer Reports. “The goal of the School Safety Alert Program is to get key recall and safety information to parents and prevent those tragedies. The National PTA and NSBA are ideal partners given their incomparable reach and impeccable reputations as trustworthy resources for educators and families.”
Tens of millions of children each year are needlessly exposed to unsafe products, toys and foods that been recalled by the U.S. Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA). Each year, approximately 50 children are killed, hundreds are sickened and thousands of others are injured by these products. According to an analysis by Consumers Union, in Fiscal Year 2008 the CPSC issued a record 563 recalls for 43 million unsafe products (up 19% from the previous year.) Two-thirds, or 29 million were toys, clothing or other children’s products, posing such dangers as strangulation, poisoning, or choking.
The significant scope of each of the partners’ networks is essential to the program’s goal of widespread information dissemination. Consumer Reports® reaches more than 4 million subscribers, and www.ConsumerReports.org is the largest paid subscriber site in the world with more than 3.3 million paid Web subscribers. The National PTA is the largest volunteer organization in the country with over 5 million members, and NSBA can reach up to half of the school-aged children in the United States in Grades K-12.
“National PTA prides itself on being a resource for parents and child advocates. For decades families have relied on PTA for information important to them. That’s why we’re proud to serve as a key partner with Consumer Reports and the NSBA to help keep children and families safe by providing them timely and relevant information,” said Chuck Saylors, National PTA President.
“Working with our communities – with parents and businesses – and by using the communications tools that are available to us is the best way for school boards to make sure that this kind of message reaches the public,” said C.H. “Sonny” Savoie, President of NSBA. “NSBA is proud to be working with the Consumer’s Union and PTA on this unique partnership.”
“Public programs that place safety information directly into the hands of educators, school children and their parents resonate with my life’s work,” said Inez Tenenbaum, Chairman, US Consumer Product Safety Commission. “In turn, I want to recognize the accomplishment of Consumers Union as they launch an exciting new initiative aimed at providing recall notices and alerts about dangerous products to members of the National Parent Teacher Association and National School Boards Association.”
The Consumer Reports School Safety Alert micro site, www.ConsumerReports.org/schoolsafety, will include information on the latest product safety news, including recall notices from the CPSC and FDA, and safety videos created by the product testing and safety experts at Consumer Reports. Among the recalls that are currently posted are those involving toys with lead paint hazards, Roman shades that pose a strangulation hazard, and entertainment stands for television sets that may pose a tip-over hazard. The page and safety information can also be found at www.pta.org/safetyalert.
6. The CTC Group Achieves ISO and CPSC Accreditation
The CTC Group, an independent consumer products testing laboratory, has announced its quality management system has achieved compliance with ISO/IEC 17025:2005, granted by the ILAC-MRA signatory accrediting body, ACLASS. The CTC Group also announces CPSIA Third Party Testing Laboratory approval, by the U.S. Consumer Product Safety Commission.
Laboratories testing children’s products for conformity to specified sections of the Consumer Product Safety Improvement Act of 2008 must be accredited to ISO 17025-General Requirements for the Competence of Testing and Calibration Laboratories, prior to seeking CPSIA Third Party Testing Laboratory status. Laboratories accredited to ISO 17025 undergo a rigorous independent auditing process to ensure all procedures influencing the quality of their analyses and evaluations conform to this demanding global quality standard.
“We are proud to achieve this important milestone as it truly demonstrates CTC’s commitment to quality and service. Our accreditation will allow us to better serve our clients in their efforts to comply with the CPSIA requirements,” said Dr. Angelo Fatta, co-founder.
“As the CPSC continues to expand the Third Party testing requirements under CPSIA, we too will continue to broaden the scope of our CPSC approval,” said Sean Flaherty, co-founder.
Founded in 2008 by Fatta and Flaherty, The CTC Group, with offices in Chicago, Ill., and Buffalo, N.Y., offers testing and safety consulting services to leading toy and consumer products manufacturers, licensees and premium distributors as well as start-ups and boutique retailers.
FROM THE CPSC: Inez Tenenbaum Provides a Vision of the Future
(The following is the text of her statement before the Subcommittee on Commerce, Trade, and Consumer Protection on Sept. 10, 2009, titled “The Consumer Product Safety Commission: Current Issues and a Vision for the Future.”)
“Good morning, Chairman Rush, Ranking Member Radanovich, and Members of the Subcommittee on Commerce, Trade, and Consumer Protection. I am pleased to be here today to inform you of the actions we are taking at the U.S. Consumer Product Safety Commission (CPSC) to protect the safety of children and consumers, as well as my vision for the future of this agency.
“Let me begin by saying that I am deeply honored to have the privilege of serving as Chairman at such an important juncture in the Commission’s history. I am also pleased to report to the Subcommittee that CPSC is an agency on the rise.
“My desire to serve as Chairman was deeply influenced by my previous work as an elementary school teacher, a researcher dealing with consumer product safety issues in the South Carolina House of Representatives, and my service as South Carolina’s State Superintendent of Education from 1999 to 2007.
“In all of these positions, I focused on doing my utmost to protect the health and safety of children and families – and have made this approach a key focus of the CPSC’s move to modernize and address new regulatory challenges.
“It is no secret that the Consumer Product Safety Commission has faced numerous impediments in recent years. In 1981, the Commission had nearly 900 full-time employees. By 2008, that number had dropped to below 400. Similarly, years of budget cuts severely impacted the Commission’s ability to modernize or, in some cases, even maintain its basic infrastructure.
“Last year, this Subcommittee and the Congress as a whole recognized the need to reinvigorate the Consumer Product Safety Commission by passing the Consumer Product Safety Improvement Act of 2008 (CPSIA). Among other things, the CPSIA gave the Commission substantial new enforcement authority, authorized increased staffing, increased public disclosure of emerging product safety issues, and provided new mandatory standards for children’s toys and juvenile products.
“Mr. Chairman, I applaud your leadership and that of other members of this Subcommittee in crafting the CPSIA. The CPSIA recognizes many of the challenges this agency has faced over the years – and demands that we rebuild the Commission to adapt to an era of consumer products that come from all over the world, and the need to take proactive measures to protect consumers from new and emerging hazards.
“In my first two months leading the CPSC, I have focused on three key goals: transparency and openness to those we serve; a renewed focus on education and advocacy to all American consumers; and fair, but firm enforcement of the product safety laws we oversee.
Today, I hope to provide a clear assessment of what the Commission has accomplished so far and my vision for the future.
Implementation of the CPSIA
“My top priority since assuming the Chair of the Commission has been meeting the statutory deadlines for rules and reports required by the CPSIA. Through the hard work of CPSC staff, I am pleased to announce that 12 substantive rules and policy guidance documents have been released since I was sworn in on June 23, 2009, including the following items:
Proposed Rule for Registration of Durable Infant and Toddler Products: On June 29, 2009, the Commission issued proposed rules for consumer registration of durable infant and toddler products, as required by the Danny Keysar Child Product Safety Notification Act, Section 104(b) of the CPSIA.
Tracking Label Guidance: On July 20, 2009, the Commission issued policy guidance for the tracking label requirement contained in Section 103 of the CPSIA. The policy guidance announced the Commission’s interpretation of key features of the tracking label provision, and explained how the Commission would approach enforcement.
Mandatory Toy Standards: On July 21, 2009, the Commission issued a Notice of Consultation, pursuant to Section 106(b) of the CPSIA, to solicit input from all stakeholders on the effectiveness of the current mandatory toy standard (ASTM F963), and possible ways in which this standard could be improved to further reduce the risk of injuries from toys.
Lead Inaccessibility Rule: On Aug. 10, 2009, the Commission issued a final rule explaining under what circumstances children’s products may contain parts that exceed the Congressionally-mandated lead limits, and describing when those internal lead parts are inaccessible to children.
Audits for Third-Party Testing Labs: On Aug. 13, 2009, the Commission issued a proposed rule specifying audit requirements for third-party testing labs pursuant to Section 102 of the CPSIA.
Phthalates Testing Guidance: On Aug. 17, 2009, the Commission issued testing guidance for children’s toys and child care articles. This testing guidance only requires testing on component parts likely to contain phthalates, and not the entire article. Comments received on this guidance will also be integrated into a Notice of Proposed Rulemaking on the issue.
Lead Testing Component Exemptions: On Aug. 26, 2009, the Commission issued a final rule on lead level determinations that exempts certain component parts, including dyed and undyed textiles, polyester, cotton and papers, inks and inaccessible bindings in books from third-party testing requirements.
Civil Penalties Interpretative Rule: On Sept. 1, 2009, the Commission issued an interim final rule providing notice of the increase in civil fines pursuant to Section 115 of the CPSIA, and provided guidance on how the Commission will now negotiate civil penalties.
Durable Nursery Goods Rulemaking: On Sept. 3, 2009, the Commission issued proposed rules for infant walkers and bath seats pursuant to the Danny Keysar Child Product Safety Notification Act, Section 104(b) of the CPSIA. Both proposed rules strengthen the existing voluntary standards for those products. In February 2010, the Commission will issue proposed rules for bassinets and toddler beds.
“In each of these rulemaking proceedings, I have directed Commission staff to work closely with all impacted stakeholders to ensure that the rules we implement remain true to the statutory intent of the CPSIA, while also minimizing undue burdens on small businesses and other stakeholders.
“In the near future, the Commission will publish additional rules clarifying the third-party testing process and the testing of component parts. As we move forward, I assure the Subcommittee that we will continue to solicit feedback from all involved parties, and work to implement common-sense rules that are squarely focused on maximizing product safety and reducing administrative burdens.
Rebuilding the CPSC’s Internal Business Processes
“The Commission’s information technology systems are truly the lifeblood of this agency. Sadly, these systems were neglected for far too long. The result is a patchwork of systems that make it very difficult for CPSC staff to “connect the dots” between different incidents, identify patterns of defects, and respond quickly to emerging hazards. This has led to a situation where the Commission is constantly in the position of reacting to events – rather than receiving new hazard information and proactively targeting harmful products before they flow into the stream of commerce.
“Congress recognized the critical need for infrastructure modernization in the CPSIA, and directed the Commission to upgrade its infrastructure and create a product incident database that is easily searchable by the public. In response to that mandate, the agency is developing a single, integrated web-based environment, the Risk Management System (RMS), and an associated public database that will allow access to consumer product safety information.
Earlier today, the Commission submitted a plan to Congress detailing Phase I of the modernization initiative, which is implementation of the searchable product information database required by Section 212 of the CPSIA by March 11, 2011. As detailed in the report, the new web portal will be specifically designed to be easily accessible and usable by all Americans. Furthermore, the Commission plans a major public awareness campaign as the database is rolled out to ensure that all Americans are aware of the database, and its utility in ensuring the safety of consumers.
:However, this initial phase of the RMS is only one component of the Commission’s overall effort to improve its infrastructure. CPSC continues to look at its business processes in order to identify improvements that will provide the agency with the tools necessary for identification of emerging hazards, such as using predictive data-mining technologies to analyze the increasing amount of information the agency receives, and identifying emerging hazards in real-time.
“It is impossible to understate the absolutely essential nature of these improvements and their ability to transform the way this agency receives, reviews, and acts on new and emerging threats. By forming partnerships with industry and government entities to expand import surveillance and data exchanges, greater consumer involvement through user-friendly reporting and search tools, and the use of new advanced information-management technologies, CPSC can take the truly proactive approaches necessary to protect public health and safety.
Consumer Education
“Notice of recalls and other hazards are only effective when all impacted consumers actually hear about them and respond to our alerts. Through network television appearances and newspaper interviews, I have worked to reach millions of families with information about dangerous cribs, bassinets, and window blinds. These are products that have killed young children, and we are working tirelessly to inform parents and caregivers about recalled products that need to be removed from homes or repaired to keep kids safe.
“Last month, the Government Accountability Office (GAO) released a report noting that the Commission could do a better job of reaching out to poor and minority communities that often do not receive critical consumer product safety information.
“Chairman Rush, I know this is a key priority of yours and I want to assure you that it is also a key priority of mine. To that end, I have directed Commission staff to expand our education and consumer outreach efforts to underserved Americans.
“One example of this is the Commission’s effort to communicate with populations that are sometimes difficult to reach through traditional media. We are planning a “Minority Outreach Day” to increase awareness of product safety in certain targeted markets. We also have a successful grassroots program called the Neighborhood Safety Networks that has 5,600 members who are community leaders and who pass on vital safety information to their constituents. These members include tribal leaders, fire chiefs, healthcare workers, and child safety advocates. We plan to expand this program and target our materials to specific hard-to-reach populations that the Neighborhood Safety Network aims to serve.
“Later this month, CPSC also plans to launch a social networking, social engagement program that will establish CPSC’s presence on various new media sites, including Facebook, Twitter, and YouTube. This is an exciting new effort that, once launched, will reach a great number of consumers who may not know about us right now, but will know about us soon.
Increased Port Monitoring
“From 1998 to 2007, the value of consumer products imported into the United States increased over 100%. During that time period, imports from China nearly quadrupled – and now constitute over 40% of all imported consumer goods.
“Pursuant to Section 225 of the CPSIA, the GAO recently released a study that audited and analyzed the agency’s efforts to police imports, and prevent the entry of unsafe products into the U.S. market. In the report, the GAO found that increased agency staffing at ports, combined with revised information sharing agreements with U.S. Customs and Border Protection (CBP) would allow the agency to better detect faulty products before they enter the country – not after they enter the stream of commerce.
“I agree with these recommendations, and have directed Commission staff to update agreements with CBP to allow better information sharing. This information sharing would include use of CBP’s Automated Targeting System (ATS), which contains advance manifest information for shipments entering the United States.
“To access the ATS information, the Commission is in the process of hiring an employee that will be resident in CBP’s Commercial Targeting Analysis Center (CTAC) when it becomes operational on Oct. 1, 2009. This employee will be able to provide CPSC with real-time advance cargo manifest information, and allow other CPSC staff to make cargo risk assessments as shipments arrive, not after they leave port areas.
Foreign Outreach
“Since assuming the Chair of the Commission, I have made a number of efforts to reach out to foreign governments and manufacturers to inform them of new Commission regulations, and to emphasize this agency’s commitment to ensuring the safety of imported consumer products.
“In late July and early August, I traveled to Asia to meet with industry and government leaders in Hong Kong and Vietnam to discuss the CPSC’s new priorities. I also gave a keynote speech at the APEC Conference in Singapore, where I stressed the importance of foreign manufacturer compliance with the CPSIA, the importance of foreign economies building safety into their products, and the relationship between trade and safety.
The Commission is also continuing its efforts to strengthen and deepen our work with the Chinese government and Chinese manufacturers. On Oct. 21-26, 2009, the 3rd Biennial United States – China Consumer Product Safety Summit between the CPSC and its Chinese counterpart agency, the General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) will be held in Wuxi, Jinhua, and Beijing, China.
“The goal of the 2009 Summit is to bring dialogue between the two agencies to a new level, emphasizing the need for commitment to a more comprehensive approach to product safety. With input from U.S. and Chinese stakeholders, CPSC and AQSIQ will identify and discuss measures to ensure that U.S. importers and Chinese suppliers establish a systemic approach to preventing and detecting safety hazards in consumer products – from product design, through the manufacturing process, and to ultimate use of the product by the consumer.
In addition to overarching policy discussions, the Summit agenda will include topical discussions of product safety issues, with toys, lead in children’s products, all terrain vehicles (ATVs), lighters, and fireworks representing specific product areas where we hope to make systemic advances.
“In the coming months, we will continue our outreach efforts with representatives from other foreign governments to ensure that all manufacturers importing products into the United States are aware of the existing CPSC regulations, as well as new requirements that will soon be promulgated pursuant to the CPSIA. We will also be working closely with the U.S. Department of State, pursuant to new authorities under the CPSIA, to develop an information sharing agreement with foreign governments as we investigate mutual product safety concerns, and begin to pursue joint enforcement activities.
Chinese Drywall Investigation
“CPSC continues to vigorously pursue its investigation of imported drywall that has been linked to corrosion of metal components and possible health impacts by homeowners in a number of states. We are fully committed to finding answers and solutions for all the homeowners who are impacted by this serious situation – and the agency is pouring a record amount of money and manpower toward the goal of helping affected families.
“As of Sept. 4, 2009, the Commission had received 1,192 incident reports relating to drywall in 24 states and the District of Columbia. The majority of these reports continue to be from Florida, Louisiana and Virginia.
“In order to provide a comprehensive response to this issue, the Commission has formed an internal drywall task force that works with other federal and state agencies, including the Environmental Protection Agency (EPA), the Centers for Disease Control (CDC), the Department of Housing and Urban Development (HUD), Immigration and Customs Enforcement (ICE), and several state health departments.
“In the last month, the CPSC drywall task force has:
- Made an investigative visit to China to meet with government and industry officials, and collected information and samples relevant to the Chinese drywall manufacturing process;- Conducted principal air sampling field work in 50 homes to determine the air emissions in homes with suspect drywall;
- Sent over 100 letters to drywall importers, distributors, and builders to determine how much drywall may be at issue and in what homes it may have been used;
- Contacted over 500 consumers to request that they update the information provided in initial drywall incident reports;
- Coordinated a rapid response to allegations of radioactive phosphogypsum in Chinese drywall. Upon learning of the allegations, we commissioned a study with our state and federal partners, validated the science with an interagency technical committee, and publicized results that the samples tested did not pose a radiological hazard.
“Later this fall, the federal drywall task force plans to release initial indoor air sampling test results, drywall elemental analysis results, chamber study results, and a preliminary health assessment – and will continue to diligently work on efforts to reach further conclusions on the exact source of contamination in the affected homes. The Commission is also studying the remediation activities of certain builders in an effort to assist its federal and state partners in developing a remediation protocol for impacted homes. Further detail on the federal testing efforts and associated activities is available in our September Drywall Investigation Status Report.
“I understand the personal hardship that this issue has caused impacted homeowners, and want to reassure members of the Subcommittee that effective and efficient completion of this investigation is a key priority for the CPSC and our federal and state partners.
Pool and Spa Safety
“In 2007, Congress passed the Virginia Graeme Baker Pool and Spa Safety Act in response to a series of horrible child injuries and fatalities involving drain entrapments and drownings in pools and spas. CPSC has worked with the Baker family and Taylor family and is pouring its heart and energy into effectively implementing and enforcing this safety law – this is our way of honoring the children who have died or been seriously injured in pools and spas.
Ensuring compliance with this law is a critical priority for me. In the last several months, CPSC has ramped up its outreach and education efforts to ensure that public swimming pool and spa operators are compliant with the law. In July, I conducted an extensive interview with NBC’s Today Show to re-state the need for compliance, and warn public pool operators that they should close their facility if they are not in compliance with the law. In addition, CPSC investigators have inspected over 1,200 pools and spas in 38 states as part of a recently launched enforcement initiative.
“The good news is that CPSC’s public outreach and education efforts seem to be having a positive impact in this area. Recent inspections show that most public pools and spas have installed or have plans to install the new, compliant drains covers and safety equipment in the near future. Let me state again, contrary to some reports, there are many more public pools and spas that have been made safer because of this important law.
“As we approach the end of the summer swimming season, CPSC will continue to work with state Attorneys General, state health departments, and consumer groups to ensure that public pools are in compliance with this important law – and will not hesitate to take action against those that are not.
*****
“Chairman Rush and Ranking Member Radanovich, thank you again for allowing me the opportunity to update the Subcommittee on my vision for the future of the Consumer Product Safety Commission. I believe that CPSC Stands For Safety, especially the safety of children.
With your support, I intend to continue the transformation of this agency from what some have described as a “teething tiger” to the world’s leading lion of consumer protection.
“I now look forward to answering your questions.”
FROM THE ICPSC: Stockholm Conference Addresses Traceability and Tracking
Consumer product safety regulators and stakeholders from around the globe gathered in Stockholm, Sweden, recently to discuss product traceability and tracking labels. The conference, organized by the International Consumer Product Safety Caucus, attracted more than 70 delegates from 20 countries.
The delegates heard about the latest policy and legislative developments from the regulators. Stakeholders had an opportunity to present their concerns and the conference heard from a number of solution providers and from initiatives in different product sectors. The exchange of cutting edge information should help ensure the spread of best practice around the globe and across different sectors. This in turn should help facilitate the implementation of systems for the traceability for consumer products that are effective and efficient in a global market.
The presentations from the conference, a summary prepared by Health Canada and the delegate list are all available at http://www.icpsc.org.
The Stockholm Conference marks another stepping stone in the ICPSC's progress towards a major Workshop on Recall Effectiveness and information exchange to be held in Washington, D.C., on Feb. 15, 2010. The workshop is being organized in conjunction with the Organization for Economic Cooperation and Development, the OECD, and is being held in conjunction with the Annual meeting of ICPHSO, the International Consumer Product Health and Safety Organization. More details will be posted in due course to the ICPSC web site and to the ICPHSO web site http://www.icphso.org.
In the meantime interested stakeholders also can contribute to the Australian Government's Recall Review, the results of which will help form the basis of some of the workshop program. Please see http://icpsc.org/Recall_Effectiveness.html"
(Source: Product Safety Forum)
Who’s Who: STR Hires President of Quality Assurance Division
Mark A. Duffy has joined Specialized Technology Resources, Inc. (STR) as President of its Quality Assurance Division. He will report directly to Dennis Jilot, Chairman and Chief Executive Officer of STR.
Duffy will have full responsibility for all strategic and operational plans for STR's Quality Assurance Division, which has laboratories and offices in more than 30 countries.
Duffy has 25 years of experience in a wide range of consumer products and food ingredients businesses. Most recently, he spent seven years as President of Griffith Laboratories USA. Prior to that, he was the Vice President of Sales, North America, for the Johnson Wax Professional (now JohnsonDiversey), a division of SC Johnson. Previously, he was Director of Sales for Food Service for the Quaker Oats Company, a subsidiary of PepsiCo. He also held several sales and marketing positions of increasing responsibility in the Food Service Division of Nestlé USA.
ICPHSO Annual Meeting and Training Seminar, Feb. 15-18, 2010
Capital Hilton
Washington, D.C.
Check ICPHSO’s Web site for current information and program details in the future.
Thank You, ICPHSO Sponsors and Co-Hosts
ICPHSO is grateful for the support and dedication of its sponsors and co-hosts. Your support helped make the October 2009 conference in Toronto, Canada a success.
ADK Product Safety & Recall Directory
ASTM International
AVERTURE
Bureau Veritas Consumer Products Services, Inc.
Centre Testing International
CSA Group/Canadian Standards Association/OnSpeX/CSA International
Eastman Chemical Company
Electrical Safety Authority
Health Canada
Lowe’s Companies, Inc.
QPS Evaluation Services, Inc.
SGS Consumer Testing Services
Standards Council of Canada
Thermoscientific Niton Analyzers
TUV Rheinland of North America, Inc.
Underwriters Laboratories Inc./Underwriters Laboratories Canada