Product Hazards


April 13, 2013     By Howard Roitman & Associates

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Identifying product hazards that cause injury
Identifying product hazards
As globalization and technological advances expand the range of products on the market, the challenge of overseeing and regulating the thousands of product types becomes all the more complex. Some risks include the growth of global supply chains that assemble products across a vast web of interconnected geographies as well as the difficulty of identifying product hazards among hundreds of containers entering U.S. ports. According to CPSC, the value of U.S. imports under its jurisdiction reached about $637 billion in 2010 and about four out of five consumer product recalls involved imported products, making imports a critical focus of the agency. These challenges are likely to grow in the future. In response to the growing concerns about unsafe consumer products.
2
Flammable Fabrics Act
the Flammable Fabrics Act, which among other things, authorizes CPSC to prescribe flammability standards for clothing, upholstery, and other fabrics;
3
Federal Hazardous Substances Act
the Federal Hazardous Substances Act, which establishes the framework for the regulation of substances that are toxic, corrosive, combustible, or otherwise hazardous;
4
Poison Prevention Packaging Act
The Poison Prevention Packaging Act of 1970, which authorizes CPSC to prescribe special packaging requirements to protect children from injury resulting from handling, using, or ingesting certain drugs and other household substances
5
The Refrigerator Safety Act
the Refrigerator Safety Act of 1956, which mandates CPSC to prescribe safety standards for household refrigerators to ensure that the doors can be opened easily from the inside;
6
Pool and Spa Safety Act
the Virginia Graeme Baker Pool and Spa Safety Act of 2007, which establishes mandatory safety standards for swimming pool and spa drain covers, as well as a grant program to provide states with incentives to adopt pool and spa safety standards
7
Children’s Gasoline Burn Prevention Act
the Children’s Gasoline Burn Prevention Act of 2008, which establishes safety standards for child-resistant closures on all portable gasoline containers.
8
The Child Safety Protection Act
the Child Safety Protection Act of 1994, which requires the banning or labeling of toys that pose a choking risk to small children and the reporting of certain choking incidents to the CPSC.
9
Potential hazards
CPSC has established criteria for setting agency priorities and selecting potential hazards to address.19 These criteria, which are incorporated into the agency regulations, include the following: • the frequency and severity of injuries resulting from the hazard; • the cause of the hazard, which should be analyzed to help determine the extent to which injuries can reasonably be expected to be reduced or eliminated through CPSC action; • the number of chronic illnesses and future injuries predicted to result from the hazard; • preliminary estimates of costs and benefits to society resulting from CPSC action; • unforeseen nature of the risk, which refers to the degree to which consumers are aware of the hazard and its consequences; • vulnerability of the population at risk (such as children and the elderly); • probability of consumer exposure to the product hazard; and • other additional criteria to be considered at the discretion of CPSC.

AUTHOR: HOward Roitman, Las Vegas Lawyer

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.