Safety Testing:Beyond the Statutes

I C P H S OFebruary 23, 2011

Safety Testing: Beyond The Statutes

• Moderator: Marc Schoem, CPSC• Moderator: Wayne Morris, AHAM

• Panel Members– Larry Bell, BSH Home Appliances– Malcolm Denniss, SGS Consumer Testing Services– Kathy Guerra, Sears Holding Company– Bill Kitzes, Consumer Safety Associates

• This panel will discuss testing requirements that are implemented by private safety organizations, manufacturer’s requirements, retailers, or encouraged by the marketplace. The panel will explore the role of government in the private safety standards area, the role of standards to enhance public confidence testing to reduce risk assessment, establishing safety consistency in the marketplace, and harmonization of testing standards.

Why should I have to pay extra for a safer product?

Should consumers be given a choice as to what level of safety they have in a product?

• Is it Fair or Reasonable for retailers to require suppliers to meet consensus standards that go beyond the federal requirements?

• Is it reasonable and productive for retailers to set standards that are separate from the consensus standards in safety?

• Is it fair or reasonable for States to pass legislation requiring more stringent safety requirements than that required by federal law?

• How do you justify meeting only the consensus standard? Is that the minimum requirement or is that really the extent of how far industry needs to go?

• In private lawsuits, how is liability of suppliers impacted if they meet only the “minimum” requirements?

• How does a consumer know what requirements are being met and is it important for them to have that information?

• How do consumers know whether the product they are buying just barely met the standard or went well beyond the “minimum” standard? Do they care?

• How do retailers know whether the products they buy just meet the minimum safety standards or go beyond the minimum?

• Can meeting standards provide defense to the gov’t regulator and/or private cause of action against a 1) retailer; 2) supplier?

• If we push the standards to meet the

precautionary principle, what separates one product from another? Why should a consumer buy from one company?

• What is the responsibility of a test lab if they discover a hazard outside the standard or Protocol they have been requested to test?

If a product fails to comply with a voluntary standard and the manufacturer or retailer then decides that in fact that provision does not apply to the product, can the lab pass the product based on the revised test protocol?

Thank you