APPENDIX E: Voluntary Standards
Activities


Date Firm and Product Alleged Hazard Remedy
06/98 Alfred Dunhill (North The lighter may leak fuel The firm
America) Lid. presenting a fire hazard. unplemented a
New York, NY consumer level recall.
Cigarette lighter, model
Unique Sports Lighter
06/98 Consolidated Sales Int'l. The children's toy rolling The firm recalled the
Corp. ball contains petroleum product.
Columbus, OH distillates.
Bubble Beauties Plastic
Balls, model 2801
06/98 Dura Pro Systems, Inc. The hose may detach The firm recalled the
Homosassa, FL from the BCD causing product and offered
the diver to panic. consumers a
Low pressure BCD hose replacement
on Dura-Pro program.
Systems-302-LP
06/98 Kraft Foods, Inc. The children's pedal car The firm will replace
Northfield, IL has decals containing the decals containing

Wienermobile pedal car,
mode] Oscar Meyer

lead.

lead with lead-free
decals and offer
consumers $9.00
worth of coupons.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-47


TABLE 3

Estimates of the Cost of Emergency Room Treated
Consumer Product Injuries
October 1, 1997 - September 30, 1998
(in millions of dollars)

Source: CPSC Revised Injury Cost Model‘ as Applied to NEISS Injury Data for the
Period. Estimates are not comparable to estimates in previous Annual
Reports because of changes in data and methodology.

AGE GROUP?
65 and
Product group! Total Under 5 5-24 25-64 over
1. Child Nursery Equipment and
Supplies 1,618 1,419 83 84 32
2. Toys 1,808 807 652 315 34
3 Sports and Recreational
Activities and Equipment 72,301 3,844 45,308 21,562 1,588
4. Home Communication,
Entertainment and Hobby
Equipment 1,799 392 477 614 316
5. Personal Use Items 6,177 1,813 1,676 1,891 798
6. Packaging and Containers for
Household Products 4,284 533 1,226 2,129 397
7. Yard and Garden Equipment 4,400 183 718 2,733 766
8. Home Workshop Apparatus,
Tools and Attachments 5,875 166 1,115 3,954 641
9. Home and Family Maintenance
Products 1,765 390 404 812 160
10. General Household Appliances 2,660 227 448 1,093 392
11. Space Heating, Cooling and
Ventilating Appliances 2,121 508 472 908 234
12. Housewares 8,648 714 2,668 4,631 S75
13. Home Furnishings and
Fixtures 38,712 8,149 6,138 13,479 10,946
14, Home Structures and
Construction Materials 64,102 8,863 12,611 23,168 19,460
15. Miscellaneous 4,337 1,011 1,668 1,269 390

A-6


APPENDIX H: Index of Products Regulated
by CPSC


shipment, (f) the issue of non-random sampling is reserved for trial, (g) Shelton's due
process arguments lack merit, (h) the statistical validity of a sample that disregards the
size of the shipment is reserved for trial, (i) Shelton's claim that fuse burn values of
2.51 and higher must be rounded up to 3 are not adopted, (j) Shelton's claim about the
labeling of small festival balls is wrong, (k) Shelton's arguments about the corporate
and individual distinctiveness of the three importers are reserved for trial, (1) CPSC's
assertion that Shelton acted “knowingly” is reserved for trial, (m) there is jurisdiction
over the NFA case, and (n) there is no evidence to support Shelton's claim that CPSC
took "unjustified actions and threats" against Shelton. From May 11-15, 1998, the
parties presented evidence at a bench trial (a non-jury trial before the judge). Both
sides filed post-trial briefs on August 3, 1998. The court scheduled an oral argument
for November 5, 1998.

Warrant Case

In the Matter of Establishment Inspection of Royal Sovereign, Inc., No. 97-7218
(D.N.5.). CPSC staff inspected Royal Sovereign's place of business of October 25,
1995. Later, CPSC learned that the company may have withheld some information
during that inspection, and decided to follow up. On October 8, 1997, a U.S.
Magistrate issued a Warrant for Inspection. The CPSC executed the warrant on
October 15, 1997 and completed its second investigation of Royal Sovereign. On
October 27, 1997, the government filed a return with the court

Cases Against the Commission

Douma, et al. v. F.W. Enterprises, et al., No. CV 96-73-Bu-JDS (D. Mont.). On
March 7, 1994, Commission staff notified F.W. Enterprises that fireworks it imported
were banned hazardous substances. On April 28, 1994, Commission staff approved
F.W. Enterprises’ application for authorization to destroy the fireworks by having them
crushed by a bulldozer and then buried. The destruction took place on August 8, 1994
and was witnessed by a U.S. Customs Service agent. While plaintiff Martin Douma
ran over the fireworks with the bulldozer, they ignited and burned him. He brought
this action under the Federal Tort Claims Act, serving a complaint on the government
on July 19, 1996. The government filed its answer on September 17, 1996.

Following some discovery and a July 22, 1997 settlement conference with a
magistrate, the government agreed to settle the claim against it for $1.65 million. On
September 10, 1997, the parties signed a Stipulation for Compromise Settlement. On
October 9, 1997, the court ordered dismissal of the case (an October 14, 1997 order
amended the October 9 order by setting a trial date for the remaining defendant,
Gallatin County).

Daisy Manufacturing Company, Inc, y. CPSC, No. 96-5152 (W.D. Ark.) and No.
97-1458 (8th Cir.). In February 1996 Capital Cities/ABC filed a Freedom of

G-4


Ann Brown
Chauman

Thomas H. Moore
Tree-Chau man

Mary Sheila Gall

Commissioner



Date

Firm and Product

Alleged Hazard

Remedy

05/98

05/98

05/98

05/98

- Lhe_Peerless Heater

Company
Boyertown, PA

Commercial gas boiler,
model 211

Schutt Manufacturing Co.

Litchfield, IL
Baseball and softball

"Striker" batting practice
device

Conair Corporation
Stanford, CT

Sears Back Massage

System with Heat, model

#SR4503

Sony Elecronics Inc.
Park Ridge, NJ

AA alkaline dry cell
batteries, "Stamina"
brand

Certain units may
produce excessive levels
of carbon monoxide.

The baseball or softball
separates from its tether
cord when struck by a
bat. The ball strikes the
user or bystanders in the
eye or elsewhere.

Use of the product
presents a potential fire
hazard.

Some of the batteries
leak electrolytic fluid
which could cause

irritation or rash to the
skin.

The firm stopped
sales 3/13/98,
notified LAS (AGA),
inspected, adjusted,
and replaced the
rating plates.

Schutt recalled all the
subject units and
offered consumers
and distributors a full
refund or credit.

The firm provided
consumers a full
refund of the
purchase price.

The firm set up a
toll-free number for
consumers to receive
replacement batteries.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F43


17. Furnaces, Gas-Fired Central

Purpose - To: (1) strengthen the user instruction provisions in the "Gas-Fired Central
Furnaces (ANSI Z21.47)" standard and user manuals, (2) strengthen the ANSI Z21.47 Gas-
Fired Central Furnaces standard to include furnace shutoff requirements to prevent
combustion product emissions when the vent becomes disconnected, (3) assess in-house fire
incident information associated with gas and liquid fueled furnaces, (4) determine if
addressable failure trends exist, and (5) make recommendations to appropriate codes and
standards groups.

Highlights - The ANSI Z21.47 Subcommittee approved revisions to the user and
installation manual provisions in the central furnace standard. The revisions were forwarded
to the ANSI Z21 Committee for final approval. Before committing to explore and develop
disconnected vent shutoff technology, the subcommittee decided to have the Gas Research
Institute conduct additional analysis of CPSC incident data. CPSC staff 1s conducting
emissions testing of furnaces to strengthen its original proposal that the subcommittee adopt
disconnected vent coverage.

18. Furniture Tipover

Purpose - To create a new national consensus safety standard for furniture to prevent
deaths and injuries associated with furniture tipover involving dressers and chests of drawers.

Highlights - A new provisional standard, "Provisional Safety Specification for Chests,
Door Chests and Dressers (ASTM PS110-98)" was approved on 2/10/98.

19. Garage Door & Gate Operators

Purpose - (1) To monitor changes to the entrapment provisions of the "Door, Drapery,
Gate, Louver, and Window Operators and Systems (UL 325)" voluntary safety standard for
garage door operators, which affect the CPSC mandatory standard on garage door operators,
16 CFR 1211. (2)To revise the ANSI/Door and Access Systems Manufacturers Association
(DASMA) standard to address injuries from hand/finger entrapment and from springs. (3) To
revise the gate operator provisions to address entrapment injuries.

Highlights - UL revised the standard utilizing CPSC staff comments to include new
provisions for gate operators. These provisions include a primary entrapment protection
device and a secondary back-up device. Staff attended a 5/98 meeting to discuss the
provisions, which were published in 9/98. Industry reviewed the ANSI/DASMA standard on
sectional garage doors to address finger and spring injuries in response to CPSC comments.

E-ll


replied to plaintiffs motion on December 3, 1997, and the plaintiffs replied to the
government's motion on December 9, 1997. On December 15, 1997, the court granted
the government's motion to dismiss the complaint for improper venue, without
prejudice.

Handlery Hotels, Inc., Fireman's Fund Insurance Companies, and Peter A. Lynch
v. CPSC, No. 97cv2295R (LAB) (S. D. Calif). Begining in July 1996, an attomney
representing Fireman's Fund Insurance Company requested information from CPSC.
In September 1996 and April 1997, CPSC disclosed some of the information and
withheld other information. On April 10, 1997, the attorney appealed the decision of
the CPSC's Freedom of Information Officer to withhold some information. On May
14, 1997, the CPSC's General Counsel affirmed the FOI Officer's decision. On
December 23, 1997, the plaintiffs filed a complaint. On April 28, 1998, the parties
settled the case: The government pays $4000, a portion of the plaintiffs' attomeys
fees, but will disclose no additional documents.

Edwin P. Krieger v. CPSC, et al. No. 97-2656-CIV-T-99A (M. D. Fla.). Beginning
in October 1996, an attorney representing an injured person requested information
from CPSC, under the Freedom of Information Act, on Candle-Lite candies. In July
1997, CPSC's Freedom of Information Officer disclosed some information and
withheld other information. On July 21, 1997, the requester appealed to the CPSC's
General Counsel. On August 5, 1997, the General Counsel affirmed the FOI Officer's
decision. On October 31, 1997, the requester filed a complaint seeking the withheld
information, and on December 1, 1997 the government filed an answer. On December
16, 1997, the court granted the government's motion to dismiss General Counsel
Jeffrey Bromme and FOI Officer Todd Stevenson as parties. On February 18, 1998,
Mr. Krieger moved for summary judgment. On March 13, 1998, the government
moved for summary judgment and opposed Mr. Krieger motion. On April 2, 1998,
Mr. Krieger moved for leave to supplement his motion, and the court denied it without
prejudice on April 8, 1998. Also on April 8, the court referred the case to a mediator
and ordered the parties to pay the mediator. On April 28, 1998, the government
moved for reconsideration of the mediation order, based on the court's lack of
authority to order the government to pay a mediator. On May 4, 1998, the court
granted the government's motion and withdrew its order referring the case to a
mediator. On May 5, 1998, the government moved for partial summary judgment on
Mr. Krieger's entitlement to attorney fees and costs. On August 3, 1998, the case was
dismissed based on a settlement between the parties: In return for Mr. Krieger's
withdrawing the case, CPSC agreed to process a different Freedom of Information Act

request from Mr. Krieger.


Voluntary Corrective Action Plans and Product Recalls

Subsection A: Voluntary Corrective Action Plans and Recall of Products
Subject to Product Safety Standards and Other Specific Regulations
Exclusive of Section 15 of the Consumer Product Safety Act

The Office of Compliance and the Regional Offices are jointly responsible for
identification of consumer products that fail to comply with a specific product safety standard
or the CPSC product-related requirements mandated by statute or regulation. CPSC worked
cooperatively with the responsible companies to obtain voluntary corrective action plans
monitored by the commission during Fiscal Year 1998.

Consumers may find products on the market that resemble those appearing on this list.
After manufacturers and importers correct violations, they may distribute complying versions
of products which were recalled. CPSC monitors recalls to ensure that the noncomplying
products have been removed from the market. It is unfair to responsible manufacturers and
importers to conclude that toys and children's products on the list are still offered for sale.


Field Activities

The CPSC field staff, located in 39 cities across the country, performs investigative,
liaison, and consumer information activities to support the full range of agency programs.
During fiscal year 1998, the CPSC field staff investigated over 3,200 injunes, deaths and
other product-related incidents; collected over 3,000 product samples for testing or other
evaluation; conducted 936 inspections of factories, stores or other business establishments;
and identified and assured the correction of 888 violations of CPSC mandatory regulations
and standards. The field staff works with local news media to publicize CPSC recalls and
provide vital safety information to the public and participates in a wide range of partnerships
with state and local governments and other organizations.

Telecommuting and Automation

CPSC initiated its telecommuting program in 1995. The majority of CPSC's field staff
members now work out of their homes. Telecommuting has enabled CPSC to close many of
its smaller offices and significantly reduce space in larger offices. The program has reduced
costs and improved efficiency In recognition of the success of telecommuting, CPSC was
given a "Hammer Award" by Vice President Al Gore in 1996.

Automation made telecommuting possible. Continued advances in fully automating the
field have resulted in even greater efficiency. CPSC’s field investigators now receive their
assignments electronically and file electronic, or "paperless," investigative reports including
photographs and documents. They have access to the Internet and to a vast reference system
of CPSC records, documents, press releases, procedural manuals and other information.

Recall Round-Up

For a second year in a row, CPSC successfully conducted a nationwide Recall Round-
Up campaign to get dangerous products out of consumers’ homes. The purpose of Recall
Round-Up is to publicize previously recalled consumer products and urge people to remove
them from their homes. The campaign focuses on products that present a danger to children,
such as cribs and playpens.

President Bill Clinton issued a proclamation declaring April 16, 1998 as Recall Round-
Up Day. All 50 states, territories, many local governments, and dozens of national non-profit
organizations joined with CPSC. A 40 percent increase in state and local participants over the
previous year helped to create a significant multiplier effect. Hundreds of health and safety
agencies, thousands of state and local officials, national and grassroots organizations, and
many businesses participated.

13


WESTERN REGION (Continued)

Hawaii

Ms. Jo Ann M. Uchida

Executive Director

Office of Consumer Protection

Department of Commerce and Consumer Affairs
235 S. Beretania Street - Room 801

Honolulu, Hawaii 96813-2437

(808) 586-2636

FAX: (808) 586-2640

Idaho

Ms. Michelle Christian
Consumer Specialist
Consumer Protection Unit
Office of Attorney General
P.O. Box 83720

Boise, Idaho 83720-0010
(208) 334-4550

FAX: (208) 334-2830

Louisiana

Dr. Louis Trachtman

Assistant State Health Officer

Office of Public Health

Room 518

P.O. Box 60630

New Orleans, Louisiana 70160-0630
(504) 568-5048

FAX: (504) 599-0734

Montana

Ms. Mitzi A. Schwab

Chief, Food and Consumer Safety Bureau
Department of Health and

” Human Services

Cogswell Building

1400 Broadway

Helena, Montana 59620

(406) 444-5306

FAX: (406) 444-4135

Nevada

Ms. Patricia Morse Jarman
Commissioner

Department of Business and Industry
Consumer Affairs Division

1850 East Sahara - Suite 120

Las Vegas, Nevada 89104

(702) 486-7355

FAX: (702) 486-7371

New Mexico

Mr. John McPhee

Childhood Injury Prevention
Coordinator

Public Health Division
Department of Health

1190 St. Francis Drive

Santa Fe, New Mexico 87502
(505) 827-0095

FAX: (50S) 827-0021


products. In addition, it provides advice and guidance to regulated industries on regulated
industries on complying with Commission rules and regulations.

The Office of Hazard Identification and Reduction manages the Commission's
Hazard Identification and Analysis Program and its Hazard Assessment and Reduction
Program. The office develops strategies for and implements the agency's operating plan for
these two hazard programs. The office reports to the Executive Director, and has line
authority over the Directorates for Epidemiology and Health Sciences, Economic Analysis,
Engineering Sciences, and Laboratory Sciences. The office's responsibilities include the
collecting and analyzing of data to identify hazards and hazard patterns, the carrying out of the
Commission's regulatory and voluntary standards development projects, and providing
coordination of international activities related to consumer product safety. This office also
provides technical and economic support for the Commission's compliance activities. The
office assures that relevant technical, environmental and economic impacts of projects are
comprehensively and objectively presented to the Commission for decision. The office also
evaluates rulemaking petitions received by the Commission.

The Office of Human Resources Management provides human resources management
support to the Commission in the areas of recruitment and placement, position classification,
training and executive development, employee and labor relations, employee benefits and
retirement assistance, employee assistance programs, drug testing, leave administration,
disciplinary and adverse actions, grievances and appeals, and performance management.

The Office of Information Services is responsible for policy and operations relating to
agency collection, use, and dissemination of information. The Office provides information
technology support for data collection, information retrieval, report generation, and statistical
and mathematical operations of the agency. The Office maintains the agency's local area
networks and develops and supports other network applications such as electronic mail. The
Office manages the agency's toll-free Hotline, Internet and fax-on-demand services. The
Office is responsible for the agency's injury information clearinghouse, information resources
management (including records management), and managing the agency's directive system.

The Directorate for Field Operations is responsible for al! Commission field
operations. The Commission's 130 member field staff, located in 38 cities across the country,
supports the full range of CPSC programs. The field staff conducts in-depth investigations of
injuries and deaths, provides local support for the hospitals that report through the NEISS
system, and collects reports of product-related incidents. Field investigators inspect
manufacturers, importers, distributors, and retailers and collect product samples for testing or
evaluation to determine violations of safety regulations and possible substantial product
hazards. The field staff ensures that appropriate action is taken to correct any violations. It
also negotiates and monitors recalls of hazardous products and provides advice and guidance to
industry. The field staff implements national safety education campaigns, responds to
inquiries, and works with the press and local organizations to bring product safety information

J-5


State or Commonwealth Department

Western Region

Alaska Deparanent of Heaith
and Social Services

Arizona Board of Pharmacy

Arkansas Department of Health
Board of Pharmacy

California Department of Health
Food & Drug Section
Bureau of Home
Furnishing

Colorado Department of Health

Idaho Board of Pharmacy

Louisiana Board of Pharmacy

Montana Department of Health &
Environmental Services
Board of Pharmacy

New Mexico Health & Environment
Department

Oklahoma State Department
of Health

Oregon Office of State Fire Marshal
Board of Pharmacy

Texas Department of Health
Board of Pharmacy

Washington Board of Pharmacy

Wyoming Board of Pharmacy


Arkansas
Department of Health
Recall Checks
In-depth Investigations
ATV Monitoring
California
Department of Health Services
Recall Checks
In-depth Investigations
ATV Monitoring
Bureau of Home Fumishings
Recall Checks
Colorado
Department of Health
Recall Checks
In-depth Investigations
ATV Monitoring
Tri-County Health Department
In-depth Investigations
Idaho
S.E. District Health Department
Recall Checks
ATV Monitoring
S W. District Health Department
Recall Checks
ATV Monitoring
Central District Health Department
Recall Checks
ATV Monitoring

Western Region

Louisiana

Department of Justice
Recall Checks

Montanta

Department of Health and
Human Services
Recall Checks

Oklahoma

Department of Health
Recall Checks
In-depth Investigations
ATV Monitoring

Oregon
ATV Monitoring
Texas

Department of Health
Recall Checks

In-depth Investigations

ATV Monitoring
Wyoming

Recall Checks


Highlights - The ASTM F15.36 Subcommittee developed safety provisions for general
performance requirements, materials, equipment, outside areas, structural integrity,
maintenance, fire safety, evacuation and accessibility. A new safety standard for soft
contained play equipment (ASTM F1918-98) was at the final approval stage at the end of FY
1998 and subsequently approved on 10/10/98.

36. Protective Padding

Purpose - To develop a national consensus safety standard to reduce deaths and
injuries associated with baseball chest-impact incidents to children.

Highlights - CPSC staff deferred action on this issue. At the end of FY 1998,
medical investigators were conducting further studies.

37. Saws, Chain

Purpose - To monitor changes to the kickback provisions of the ANSI B175.1 safety
standard for chain saws.

Highlights - Staff attended a meeting of the ANSI subcommittee in FY 1998 to
discuss proposed changes to the safety standard for gasoline-powered chain saws. It was
anticipated that proposed CPSC staff changes would be forwarded to ANSI for public
comment.

38. Saws, Table

Purpose - To revise the "Standard for Stationary and Fixed Electric Tools (UL 987)"
to reduce the risk of laceration and amputation hazards associated with table saw blade
contact.

Highlights - During FY 1998, CPSC staff prepared for an UL Industry Advisory
Conference (IAC) on power tools to be held subsequent to the end of the reporting period on
10/13/98. At that meeting, staff planned to present injury data which indicated that current-
design blade guards, which should prevent contact with a blade, may be inadequate. Staff
also planned to suggest that performance requirements which address the inadequacies be
incorporated into the standard.

E-17


Policies, Final Regulations, And Proposed Regulations

Description Proposed Final + Effective
Date

- ~Resource

Consumer Product Safety Act
Final Action:

Issuance of safety 08/15/94 03/10/98 03/10/99
standard for bicycle
helmets

Proposed Action:

Extension of period 01/08/98
for issuing a notice of

proposed rulemaking

for multi-purpose

lighters

Request for 09/09/98
comments on a

proposed Commission

resolution that

responds to action

plans that certain

members of the

all terrain vehicle

industry will

undertake

Proposal to issue 09/30/98
a safety standard

for multi-purpose

lighters to reduce

tisks of injury that

are associated with

the lighters because

they can be operated

by young children

63 FR 11712

63 FR 1077

63 FR 48199

63 FR 52394


Date Firm and Product

Alleged Hazard

Remedy

12/97 Cosco, Inc.
Columbus, IN

Cosco Voyager 4-in-! car
seat/carrier/stroller

12/97 Toys R Us, Inc.
Paramus, NJ

Arts & Crafts by Alex,
Baskets of Bubbles, soap
molding set

12/97 Gump's By Mail
Weehawken, NJ

Three wick wax candle in
bowl, item 91-637

12/97 Tommy Hilfiger, U.S.A.
New York, NY

Tommy Hilfiger jackets
and snowsuits with ribbon
pulls on the zippers

The car seat and infant
may fall from the stroller
frame.

Because of a mistake in
the instructions,
consumers may overheat
the soap in a microwave.
The soap could ignite in
the microwave.

The candle has a
potential to generate
high flames that present
a fire hazard.

A detached ribbon may
present a choking nsk of

injury.

The firm provided
consumers with
repair instructions for
the stroller frame.
The problem does
not affect the
product's use as a car
seat or carrier.

Consumers are to
return the product to
any Toys R Us store
for a full refund.

The firm recalled the
candle offering
owners a credit or
refund of the
purchase price.

The firm removed
the ribbon pulls from
all inventory,
including retail.
Provided instructions
to consumers to
remove ribbons.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-27


Abbreviations

We have used the following abbreviations:

CPSA
CPSC
EC
EH
ES

Consumer Product Safety Act

Consumer Product Safety Commission
Directorate for Economic Analysis

Directorate for Epidemiology and Health Sciences
Directorate for Engineering Sciences

Office of Compliance

Office of Hazard Identification and Reduction
Office of Information and Public Affairs
Directorate for Field Operations

Directorate for Laboratory Sciences

National Electronic Injury Surveillance System
Office of Congressional Relations

Office of the General Counsel

Office of the Executive Director

Poison Prevention Packaging Act

C4


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Lead in paint HSA ban pod 0.5% (pre- 1500.17(a)(6)
CPSA ban over 0.06% (1978 1303
and later)
Lidocaine PPPA special packaging 1700.14(a)(23)
Lighter fluid, etc. PPPA special packaging 1700.14(a)(7)
Lunar caustic (silver nitrate) HSA labeling 1500.129(k)
Lye HSA labeling 1500.129¢j)
PPPA special packaging 1700.14(a)(5)
Matchbooks CPSA stan 1202
Matches HSA exemption from flamma- 1500.83(a)(2)
bility labeling
Mattresses FFA standard (FF 4-72) 1632
Mebendazole PPPA exemption from special 1700.14(a)(10)(xiif)
packaging
Medroxyprogesterone acetate PPPA exemption from special 1700.14(a)(10){xix)
tablets packaging
Methyl alcohol (methanol) HSA exemption from labeling 1500.83(a)(10)
labeling . 1500.14 (@)(4),(o)(4)
exemption from labeling topo aNtaa)
exemption from labeling 1500.83(a)(34)
PPPA special packaging 1700.14(a)(8)
Methylprednisolone PPPA exemption from special 1700.14{a)(10)(xiv)
packaging
Methyl salicylate PPPA special packaging 1700.14(@)G)
Mineral oil (in toys) HSA exemption from labeling 1500.83(a)(33)
Mineral seal oil HSA labeling 1500.14(a\(3)
special labeling 1500.14(6)(3)
PPPA special packaging 1700-142)
Mineral spirits HSA labeling 1500.14{ay(3,
special labeling 1500.14(6)(3)
special packaging 1700.14(a)(15)
Mirrors CPSA exemption from lead 1303.3(c)(2)
limit

H-12


Highlights - A revised standard, "Single and Multiple Station Carbon Monoxide
Detectors (UL 2034)" was published in 10/97, with an effective date of 10/1/98. The NFPA
720 Committee's "Recommended Practice for the Installation of Household CO Warning
Equipment" was presented for a vote at the NFPA Fall Meeting in 11/97 and was issued by
the Standards Council on 1/16/98, with an effective date of 2/6/98.

7. Chairs, High

Purpose - To: (1) revise an existing safety standard (ASTM F404) in order to provide
a passive means to prevent strangulation due to children slipping down in the seat and
becoming entrapped by the head in the space between seat and tray, and (2) develop a
dynamic test for structural integrity.

Highlights - A final ballot of a provision for a passive crotch restraint closed on
5/8/98. One negative vote received in that ballot was ruled persuasive at an 8/24/98
subcommittee meeting and a change was made to the provision. The passive crotch restraint
provision will be sent out for a concurrent reballot to the subcommittee and the F15
Committee. A final ballot of a provision for a dynamic test for structural integrity closed on
8/6/98. One negative vote was ruled non-persuasive at an 8/24/98 subcommittee meeting.

8 Child-Resistant Packaging

Purpose - To develop voluntary national consensus quality assurance safety standards
for child-resistant packaging (CRP.)

Highlights - Final approval of five ASTM revised child resistant packaging quality
assurance safety standards was announced at the beginning of FY 1998 (with predated
approval of 9/10/97):

(1) Application and Removal Torque of Threaded or Lug-Style Closures
(ASTM D3198-97),

(2) Reverse-Ratchet Torque of Type IA CRC That Are Activated by Two
Simultaneous Dissimilar Motions (ASTM D3472-97),

(3) Shelling Two-Piece CRC That Are Activated by Two Simultaneous
Dissimilar Motions (ASTM D3481-97) ,

(4) Minimum Application Torque of Type Ia CRC (ASTM D3810-97) , and
(5) Monitoring of Rotational Torque of Type ILA CRC (ASTM D3968-97).

E-7


Litigation and Settlements

_ Part I of this appendix summarizes the federal court cases, categorized by type, to
which the Commission was a party during fiscal year 1998 Part II summarizes the civil
penalty settlement agreements accepted by the Commission during fiscal year 1998.

Part I. Federal Court Cases

Criminal Case

US. v. UtilityFree, Inc. and John D'Angelo, No. 97-CR-312 (D. Colo.). In July
1993 John D'Angelo, president of UtilityFree, delivered to John Lawrence a bottle of
potassium hydroxide solution as part of an order. Under federal laws administered by
CPSC such solution, a highly corrosive clear liquid, must be packaged in child-
resistant containers with specified labeling information, and may not be packaged in
reused food containers. Mr. Lawrence, an electrician, planned to use the solution in
his "sideline" job as an installer of photoelectric batteries in homes. After using some
of the solution, Mr. Lawrence retained the rest for later use, on the advice of
UtilityFree. In December 1993 Mr. Lawrence was transporting the solution and other
possessions to a rented storage facility near his new home. He agreed to let 15-year-
old Justin Pulliam help. Justin drank some of the solution and died 13 days later. On
September 30, 1997, John D'Angelo pleaded guilty to fifteen counts of shipping
potassium hydroxide in reused milk and water jugs and shipping other chemicals in
violation of the Federal Hazardous Substances Act and the Poison Prevention
Packaging Act. On January 27, 1998, Mr. D'Angelo was sentenced to 700 days in jail,
to be followed by one year of supervised release.

Civil Penalty/Injunction Case

U.S. v. Shelton Fireworks, No. 96-6131-CV-SJ-1 (W. D. Mo.). Over a four-year
period, Shelton Fireworks imported 23 different shipments of fireworks that failed to
comply with CPSC's regulations and with the Federal Hazardous Substances Act. On
October 2, 1996 the government filed a complaint seeking a civil penalty and
injunction. Shelton filed an answer on November 29, 1996. Between July 1997 and
April 1998, the parties engaged in discovery, including depositions, interrogatories,
and document production. The government moved for summary judgment on
February 13, 1998, and Shelton moved for summary judgment on March 3, 1998. On
April 28, 1998, the court ruled on the cross motions for summary judgment and found
that: (a) CPSC has jurisdiction to regulate fireworks, (b) Shelton's products were in
interstate commerce, (c) the doctrine of laches does not preclude CPSC from seeking
civil penalties, (d) CPSC may rely for injunctive relief on violative fireworks that it
permitted Shelton to sell, (¢) CPSC may use sampling to condemn a whole fireworks

G-3


Description Proposed

Final

Effective
Date

Resource

Proposed Action:

Proposal to amend the
flammability standards
for children's sleepwear
in sizes 0 through 6X
and 7 through 14 to
make several technical
changes that would
correct the definition
of “tight-fitting
garment"

Proposal to amend

the policy statements
on the flammability of
children's sleepwear so
that infant garments
(sized for a child nine
months and under)
and "tight-fitting"
garments (as defined
in the sleepwear
standards) can be
marketed and
promoted with other
sleepwear

Correction in a table
in a proposed rule
regarding technical
changes to the
flammability standard
for children's
sleepwear

05/21/98

05/21/98

06/11/98

63 FR 27877

63 FR 27885

63 FR 31950


14. Extension Cords

Purpose - To integrate the essential electrical safety requirements for common
household extension cords from several voluntary safety standards into a single document that
may be used as a reference by extension cord manufacturers, distributors, importers, and
retailers.

Highlights - A guide for general-use, indoor cord sets (extension cords) was published
by UL in 9/98. This guide is intended to be used as a reference document and is designed to
provide assistance in the application of the UL safety requirements for this product.

15. Fireworks Devices

Purpose - To monitor the development of industry fireworks safety standards,
fireworks testing, and certification programs in order to reduce the risks of injury associated
with consumer fireworks devices.

Highlights -

° In the beginning of FY 1998, the American Fireworks Standards Laboratory
(AFSL) began implementing its revised "Standards for Consumer Fireworks”
which were approved in 8/97; these standards contained additional safety
provisions for consumer protection.

° 778,828 cases of fireworks were tested under the AFSL's China Fireworks
Quality Improvement Program dung the first half of calendar 1998. Eighty-
four percent of the cases tested complied with all of the AFSL and CPSC
requirements.

16. Fun Karts

Purpose - To develop a new voluntary safety standard to address deaths and injuries
associated with fun karts.

Highlights - A new ASTM provisional standard,"Guide for Consumer Recreational
Use of Fun Karts (ASTM PS97-97)" was approved on 10/10/97. A new ASTM provisional
standard, "Safety Performance Specifications for Fun Karts (ASTM PS80-98)" was approved
on 9/10/98.

E-10


LIST OF STATE DESIGNEES

State Designees are the Commussion's primary liaison with state and local officials. State
Designees are appointed, at the Commission's request, by the Governor of each state. This
individual serves as a liaison for product safety efforts within the state.

EASTERN REGION

Connecticut
Commussioner Mark Shiffrin

Department of Consumer Protection

State Office Building

Room 103

165 Capitol Avenue
Hartford, Connecticut 06106
(860) 566-4999

FAX: (860) 566-7630

Florida

Mr. J. R. Kelly, Director

Consumer Services Division

Department of Agriculture and
Consumer Services

235 Mayo Building, 2nd Floor

Tallahassee, Florida 32399-0800

(850) 922-2967

FAX: (850) 487-4177

Maine
Mr. Clough Toppan

Director, Division of

Health Engineering
Department of Human Services
Bureau of Health

157 Capitol Street, Station 10
Augusta, Maine 04433

(207) 287-5686

FAX: (207) 287-4172

Massachusetts

Ms. Cynthia Rogers

Co-Director, Injury Prevention
and Control Program

Department of Public Health

250 Washington Street - 4th Floor
Boston, Massachusetts 02108-4619
(617) 624-5424

FAX: (617) 624-5075

New Hampshire

Ms. Marie Kiely

Chief, Injury Prevention Program
Bureau of Maternal & Child Health
Department of Health & Human
Services

6 Hazen Drive

Concord, New Hampshire 03301

(603) 271-4520

FAX: (603)271-3827

New Jersey
Mr. Mark S. Herr

Director, Division of Consumer Affairs

Department of Law and Public Safety
124 Halsey Street, 7th Floor
P.O. Box 45027

Newark, New Jersey 07101
(973) 504-6320

FAX: (973) 648-3538


Date Firm and Product Alleged Hazard Remedy

12/97 Spectrum Fitness The treadmill's speed The firm provided
Loveland, OH may unexpec.edly new corttrollers to

increase causing the user owners.

Treadmill, model E-2000 to fall.

01/98 Lollipop Import & Export Use of the lights presents The lights were not
Brooklyn, NY a fire hazard. distributed in

commerce.

Chnistmas Tree
Lights,140 Musical Set
and 138 Musical
Multi-Function Set

01/98 Meyer Corporation The whisk has a plastic The firm recalled the
Vallejo, CA pin that can detach product offering

during use and fall into consumers a refund

Circulon kitchen wire food, presenting an of the purchase price.
whisk ingestion hazard.

01/98 Island Recreation The lights present a The firm recalled the
Farmingdale, NY shock hazard. tree lights.
Christmas tree lights, item
#85100

01/98 Velasco Alonso, Inc. Use of the bassinet The firm recalled the

Arecibo, PR

Mesh sided bassinet, item
#AM-5020

presents suffocation and
entrapment hazards.

bassinet.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-28


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Prednisone PPPA exemption from 1700.14(a)(10)(x)
special packaging
Pressure-generating substances HSA definition 1500.3(¢)(7()
Primary irritant HSA definition 1500.3(g)(2,

7 testing method 00.4 )
Propellant devices for model rockets HSA exemption from banning 1600 S0@.0112)
Radiator cleaners HSA as household substance 1500.3(¢)(10)()
Radioactive substances HSA defined exemption 1500.3(b)(11),(c)(8)
Refrigerator doors RSA standard to permit 1750

opening from inside
Refuse bins, unstable CPSA ban 1301
Roof coatings HSA exemption from labeling 1500.83(a)(13), (34)
Rope, cord, string, etc. HSA exemption from labeling 1500.83(a)(4)
Rugs (see Carpets) .
Rubber vulcanizing HSA exemption from labeling 1500.83(a)(13)
Salt (sodium chloride) HSA exemption from labeling 1500.83(a)(1)
Self-pressurized products HSA exemption from full 1500.83(a)(1)
labeling
testing method for 1500.45,46
flammable or extremely
flammable contents
information statements 1500.130
required
containing chlorofluorocarbons CPSA labeling requirement 1401
containing vinyl! chlorides HSA ban 1500.17(a)(10)
Sensitizers HSA definitions 1500.3(6)(9), (cS)
Signal words HSA labeling requirements 1500.121
Silver nitrate (lunar caustic) HSA labeling 1500.129(k)


Date Firm and Product Alleged Hazard Remedy
06/98 Stiffel Company The chandeliers may fall The firm directly
Chicago, IL presenting a potential for _ notified consumers
injury. and distributers to
Chandelier models 1127, arrange for a part
1131, 1132 replacement at no
cost.
06/98 Davidson Ladders, Inc While in use, the rivets The hinge on the
Smyrna, TN in the ladder’s hinge may _ladders/stairways has
shear causing the user to _ been redesigned.
Aluminum/wood attic fall possibly resulting in Davidson will make
ladders, models AS224P, fractures, sprains and arrangements to
AL224P, AS254P, bruises. replace all affected
AL254P ladders with new
redesigned ones at no
cost to the consumer.
06/98 A.H. Equipment The water in the hot tub The firm redesigned
Anaheim, CA may overheat resulting in _ the wiring of the
thermal burns to bathers. subject hot tubs and.
Hot tubs and spas spas to prevent the
problem of
overheating.
06/98 EKCO Housewares, Inc. The hot contents of the The firm recalled the

Franklin Park, IL

Two 12-Inch Stainless
Steel Skillet, Eterna
#1176533; Endura
#1176503

skillets may spill onto
consumers.

skillets from
consumers.

Certain corrective actions may not nse to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-50


Flammable Fabrics Act (FFA)Task Force

March 10 EXC & other CPSC staff: the development of a voluntary program
which would help assure that garments sold in the U.S. are in
compliance with the standard for the flammability of clothing textiles

April 7 EXC & other CPSC staff: the development of a voluntary program
which would help assure garments sold in fhe U.S. are in compliance
with the standard for the flammability of clothing textiles

Forensic Packaging Concepts, Inc.

April 23 EH: child-resistant packaging
GAP Representatives
December 2 ES & other CPSC staff: design of "tight-fitting" sleepwear

Garage Door Industry Representatives
April 3 EXHR, ES, EXC & other CPSC staff: garage door safety
Gary Pool, Inc.
February 11 ES: pool and spa suction entrapment
Gas Appliance Manufacturers Association (GAMA)
January 13 EXHR: ongoing and prospective CPSC programs/projects relative to
gas appliances
September 23-24 ES: revisions to the CPSC staff's furnace Vent System Test Plan
Gas Furnace Industry Representatives
August 18 ES: gas furnace vent test plan developed by CPSC staff
Gas Research Institute (GRI)
July 30 ES: CO emissions testing of gas-fired ranges
September 24 ES: to witness testing of proprietary technology designs to address the
hazard of water heater ignition of flammable vapors

Great Lakes Chemical Corporation

February 5 ES: technical information on the flammability of appliance enclosures

C-10


Date Product/ Model Violation Manufacturer/Imp.
09/05/1998  Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB112 16 CFR 1501 New York, NY 10018
09/05/1998 | Neck/bracelet Set Small parts Almar Sales Co. Inc.
‘NBi37 16 CFR 1501 New York, NY 10018
09/05/1998 | Keroppi (Frog) Small parts Sanrio, Inc.
014389 16 CFR 1501 South San Francisco, CA
94080
09/05/1998 | Pochacco (Dog) Small parts Sanrio, Inc.
014390 16 CFR 1501 South San Francisco, CA
94080
09/05/1998 Hello Kitty (Cat) Small parts Sanrio, Inc.
014388 16 CFR 1501 South San Francisco, CA
94080
09/05/1998 Badtz Maru (Penguin) Small parts Sanrio, Inc.
014391 16 CFR 1501 South San Francisco, CA
94080
09/15/1998 Pajama Set Sleepwear Mast Industries, Inc
1056 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/15/1998 Pajama Set Sleepwear Mast Industries, Inc
2001 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/15/1998 Girl's Pajama Set Sleepwear Mast Industries, Inc
1106 Flammability Failure § Andover, MA 01810
16 CFR 1615/16
09/15/1998 — Girl's Pajama Set Sleepwear Mast Industries, Inc
2004 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/15/1998 Girl's Pajama Set Sleepwear Mast Industries, Inc

2005

Flammability Failure
16 CFR 1615/16

F-11

Andover, MA 01810


Voluntary Standards

To help create safer products in the marketplace, and to help reduce the cost to the
federal government for developing and maintaining its own safety standards, CPSC provides
technical support to the development of selected voluntary safety standards. In 1998, CPSC
provided technical support for 50 voluntary standards projects, and 21 new, revised or
reaffirmed standards/guides were completed.

Fire and Electrical Hazards
Extension Cords

At the urging of CPSC, Underwriters Laboratories Inc. (UL) issued consolidated safety
guidelines for household indoor extension cords. These consolidated guidelines will make it
easier for manufacturers, importers, distributors and retailers to identify substandard cords.

Fire Safety Products

In response to CPSC recommendations, ASTM (American Society for Testing and
Materials) began development of new standards for fire blankets and portable fire escape
ladders, both of which are relatively new products marketed to consumers to deal with
residential fires.

National Electrical Code

The National Electrical Code, 1999 edition, was adopted in May 1998 and
incorporated several significant improvements supported by CPSC. The code now requires an
emergency shutoff switch accessible to the users of spas and hot tubs to shut off the system
in the event of an entrapment incident. A provision was added to require receptacle outlets in
bedrooms of homes to be protected with arc-fault circuit interrupters, relatively new
electronic devices designed to reduce the risk of electrical fires.

Halogen Torchiere Floor Lamps

At the urging of CPSC, the UL standard for lamps was upgraded. The upgraded
standard includes new performance requirements for torchiere-style floor lamps with tubular
halogen bulbs to guard against ignition of nearby household materials.


CONTENTS

CPSC Highlights ... 0 62... 1 ee eee ee
Poison Prevention ..... te ee ee
Imported Fireworks Surveillance beet eee e eee
Baby Walkers .............-
Fast Track Product Recall Program .
Recall Round-Up .........
Recall Litigation ..........
New Radio and Video Access ..........-..

CPSC Activities ............. eee Oe Cae e eee cree m eran ee eereeines

Hazard Identification and Reduction . bee eee eee eens
Data Collection’ National Electronic Injury Surveillance System .
Studies 2... cc teen eee e teen ene eeeee
Mandatory Standards 2... 0... eee cee ee tenn eee e eens
Voluntary Standards
Conferences 2.0.6... ccc eee ee teen eee teen eens

Enforcement and Compliance Activities ....
Import Surveillance . 2.2... 2. eee eee
Enforcing Product Regulations .
Corrective Actions Under Section 15 ...
Civil Penalties ...............-2
Fast Track Product Recall Program .
Litigation
Small Business Ombudsman .... 0.0... ce cece cece eee ee ee eee eee

Field Activities 0.0... ccc ee ee eee tee tena e eee e en eee 13
Telecommuting and Automation ........... 0... e ccc cence eee eee 13
Recall Round-up .. 0... cece cee cece eee eee t ete eect ee ees 13-14

Public Information Programs ......... 0... e ee cette ee eee ee ee tee eee ee nee
New Radio Access .............
Safety Partnerships.............
Chairman's Commendations
Publications ...........- -
Media Relations 2.0.2... cee ccc eee ee eee eee eee e eens

Information Services «1... 0... ccc cee cee eee tent e ee eeeevee
Hotline .............00-
Information Technology . .
Internet... ...-....20005 :
Clearinghouse 2.0.0... cece eee cece eee ee eee en eenee



Information Act request for information on the Commussion's investigation of an
alleged defect with Daisy BB guns. After the Commission closed its investigation, it
decided that some information in its file could be disclosed. On April 12, 1996, Daisy
objected to such disclosure. On May 16, 1996, the Commission's Freedom of
Information Officer decided not to disclose any information. On July 19, 1996, ABC
appealed that decision to the Commission's General Counsel On August 30, 1996, the
General Counsel informed ABC that the FOI Officer has reconsidered his decision and
was prepared to disclose some information. On the same day, the FOI Officer
informed Daisy that the information would be disclosed in 10 days. Daisy sought and
obtained an extension of that 10-day period until September 30, 1996. On September
26, 1996 Daisy filed a complaint seeking an injunction preventing the Commission
from disclosing the information On November 15, 1996, ABC filed a motion to
intervene, which the court granted on December 3, 1996. After the three parties filed
briefs, the court found no error in CPSC's decision to disclose the disputed
information. On February 5, 1997 the court denied Daisy's request for an injunction
and dismissed the case. Daisy appealed the court's decision to the U.S. Court of
Appeals for the Eighth Circuit. Daisy filed its appellate brief on April 4, 1997, and
the government filed its responsive brief on May 7, 1997. After hearing oral argument
on September 8, 1997, the appellate court on January 14, 1998 affirmed the district
court's order denying injunctive relief and held that: (1) CPSC did not violate section
6(b) of the Consumer Product Safety Act and (2) CPSC's decision to disclose the
contested documents was not arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with the law.

Dorr v. Ann Brown, Chairman, CPSC, No. AW-96-3936 (D. Md.). This case seeks
injunctive relief and compensatory damages for illegal discrimination in violation of
Title VII of the Civil Rights Act of 1964. In a complaint filed on December 23, 1996,
CPSC employee Young Soon Dorr alleged that CPSC created a hostile work
environment by publicly humiliating her, interfering with her work performance, and
denying her a promotion. On February 21, 1997, the government filed a motion to
dismiss or to grant summary judgment. On April 7, 1997, the court granted the
motion as to the claim of failure to promote and denied it as to the claim of hostile
work environment. On April 8, 1997, Ms. Dorr filed an amended complaint. The
government filed a motion to dismiss or to grant summary judgment on the amended
complaint, which the court denied on May 27, 1997. On June 5, 1998, the
government again moved to dismiss or to grant summary judgment on the amended
complaint. Ms. Dorr opposed the government's motion on July 30, 1998, and the
government replied on August 11, 1998. On September 17, 1998, the court granted
the government's motion.

Shelton and National Fireworks Association, Ltd. v. CPSC, No. 97-6021-CV-SJ-4-6
(W. D. Mo.). Since 1969, the Federal Hazardous Substances Act has imposed
statutory restrictions on the distribution of certain fireworks devices. Under
regulations of the Food and Drug Administration and CPSC, additional restrictions

G-5


Aronstein, Jesse Dr.

Consulting Engineer

October 21

ES- connectors for use with existing installations of solid aluminum
branch circuit conductors

Association of Home Appliance Manufacturers (AHAM)

June 30
July 1

July 22
ASTM

October 14
November 3-6

November 4
November 6
November 13
December 2-3
December 9
December 10
December 10-11
December 11

January 22
January 29

January 29
February 26

March 3-6

March 30

March 30
April 16
April 16

ES & other CPSC staff: rangetop cooking fires

ES & other CPSC staff: gas range/oven emissions testing and observe
test setup

ES: requirements for deep fat fryers

EH: child-resistant packaging

ES & other CPSC staff: provisions in voluntary standards for juvenile
products

ES: baby carriers and baby swings

ES: the development of a performance standard for fun karts

EH: revisions to a draft standard for guards intended to prevent
children from falling out of windows

ES: the development of the ASTM voluntary standard for soft-
contained play equipment

EC: upholstered furniture

ES & EH: labeling of candles

ES: standards development on fitness equipment and recreational
headgear

EXC: the negatives on the trampoline ballot and other trampoline
safety issues

ES & EXC: the development of a mini-hammock voluntary standard
ES & LS: results of tests conducted by CPSC Engineering Laboratory
on crib side panels

ES & other CPSC staff: candle labeling

EH & ES: revisions to draft standards for guards intended to prevent
children from falling out of windows

ES: revisions to voluntary standards for home and public playground
equipment and provisions for a new standard for playground equipment
for children under two years of age

ES & other CPSC staff: E5.15 Subcommittee on Furnishings and
Contents

ES: juvenile products standards development

EH: the multipurpose lighter project

EXC: CPSC compliance activities related to the Safety Standard for
Cigarette Lighters


Product

Act

Type of Regulation

Fabrics

Felt-tip marking devices
Ferrous oxalate
Fertilizers, dry granular

Fire extinguishers

Fireworks

First Aid

Flammable contents of self-
pressurized containers

Flammable solids
Fluoride

Flammable substances
Food

Formaldehyde

FFA
HSA
HSA
HSA
HSA

HSA

HSA

HSA

HSA

PPPA

HSA
HSA

HSA

flammability

labeling exemption
exemption from labeling
exemption from labeling

exemption from labeling
labeling, warning

ban (more than 2 grains
pyrotechnic material
for audible reports)

ban (firecrackers
more than 50 mg.)

exemption from labeling

agricultural exemption

exemption from
classification

special labeling

ban reloadable tube

aerial shells more than
1.7 inches in outer
diameter)

multiple tube mines & shells;
stability test

safety requirements

policy for emesis
labeling

definition

method for determining
flashpoint testing
exemption from labeling

definition
testing method

special packaging

definition

flashpoint testing

exemption from specific
labeling

labeling

~ Reference Sour<
Title 16 CFR
Part Number

1602-1632
1500-83(a)(9)
1500.83(a)(17)
1500 83(a)(21)

1500.83(a)(24
1500.1 Bate

1500.17(a)(3)

1500.17(a\8)&9
1500.83(a)(27)
1300.17}
1500.85(a)(2'

1500.14(b)(7)
1500.17(a)(11)

1500.17(a)(12)
150712 >
1507

1500.134
15003(6X6\ viii)
1500.45
1500.46
1500.83(a)(1)
1500.3
15004
1700.14(a)(27)
17001420 Xvi)
1500.3(c\(6\(ii)

1500.43a
1500.81(a)

1500.13(d)


33. Playground Equipment, Home

Purpose - To revise an existing national consensus safety standard (ASTM F1148) in
order to improve its safety provisions. A 4/24/96 letter from the CPSC staff to the chairman
of ASTM Subcommittee F15 09 requested provisions requiring: (1) a consumer information
sheet on acceptable.surfacing materials, (2) guardrails or barriers on platforms over 30 inches
in height, (3) a test to address injuries resulting from impact by multiple-occupancy swings,
(4) prohibition of free swinging ropes, and (5) stronger language in the instructions on the
need to anchor play sets having one or more swings.

Highlights - A revised safety standard, "Consumer Safety Specification for Home
Playground Equipment (ASTM F1148-98d)" was approved on 9/10/98. The revised standard
included safety provisions addressing items 1, 2, 4 and 5 above. In the absence of injury
data, the subcommittee rejected the CPSC staff request to add a requirement addressing
impact injury associated with multiple-occupancy swings (item 3 above). A CPSC special
study of playground-related injuries will be conducted during FY 1999. If this study reveals
significant injuries associated with multiple-occupancy swing impact, staff will forward this
information to the ASTM F15.09 subcommittee for consideration.

34. Playground Equipment, Public

Purpose - To harmonize the requirements in the ASTM F1487 standard with those in
a Canadian standard for public playground equipment.

Highlights - A revised standard (ASTM F1487-97c) was published in 9/97.
Subsequent to its publication, approval was rescinded. During FY 1998, the ASTM F15.29
Subcommittee held three meetings and approved additional requirements. At the end of FY
1998, approval of a revised standard was anticipated in 12/98. This revised standard would,
if approved, contain many requirements that have been harmonized with those in the
Canadian standard.

35. Playground Equipment, Soft

Purpose - To develop a new voluntary national consensus safety standard for enclosed
playground structures (frequently seen at fast food restaurants) that are significantly different
in design from equipment covered by the ASTM public playground equipment standard
(ASTM F1487).

E-16


Date Product/ Model Violation Manufacturer/Imp.
02/11/1998 ‘Housecoat Clothing Flammability Russell-newman Mfg. Co.
R. Newman Failure Denton, TX 76202
16 CFR 1610
02/11/1998 Fleece House Coat Clothing Flammability Hardwick Knitted Fabrics
98018 Failure Denton, TX 76201
16 CFR 1610
02/11/1998 Fleece House Coat Clothing Flammability Hardwick Knitted Fabrics
98019 Failure West Warren, Mass
16 CFR 1610
02/11/1998 Fleece House Coat Clothing Flammability Hardwick Knitted Fabrics
98019 Failure West Warren, Mass 01092
16 CFR 1610
02/17/1998 100% Silk Blouse Clothing Flammability Gap/banana Republic
724408 Failure San Francisco, CA 94105
16 CFR 1610
02/18/1998 Fabric Other Clothing Coville, Inc.
Brushed 16 CFR 1610 Winston-Salem, NC 27106
02/25/1998 — Blocks/car Toy Small parts Howland Caribbean Corp.
ITEM #604 16 CFR 1501 Hato Rey, Puerto Rico
00919
02/25/1998 — Blocks/car Toy Small parts Howland Caribbean Corp.
ITEM #605 16 CFR 1501 Hato Rey, Puerto Rico
00919
02/25/1998  Blocks/car Toy Smail parts Howland Caribbean Corp.
ITEM #606 16 CFR 1501 Hato Rey, Puerto Rico
00919
02/28/1998 Lamp Oil Kindling/illuminating _Lustrulite of California, Inc.
Lustrulite Packaging Lakeview Terrace, CA
16 CFR 1700.14(a)(7) 91342
03/04/1998 Novelty Lighter Lighter Jacob's Paradise
Caphain Gun Child-Resistance Covina, CA 91722

16 CFR 1210.3(a)

F-6


1998 __
ANNUAL
REPORT

(7. TO CONGRESS

. / United States
Consumer Product
Safety Commission



Date Firm and Product Alleged Hazard Remedy
01/98 LM Import & Export, The lights present fire The entire inventory
-lnr. and shock hazards. of hght were
Miami, FL destroyed under U.S.
Custom supervision.
Christmas Tree Lights,
item #'s 22200, 22201,
and 22202
01/98 American Honda Motor The PTO arm may fail The firm's dealers
Co, Inc. to disengage power from _ offered a replacement
Torrance, CA the attachments which of the PTO arm.
could present an
Riding Lawn amputation hazard.
Tractor,Honda,H2013
02/98 J. B. Research, Inc. The pad may overheat The firm stopped
Los Angeles, CA presenting a fire hazard. sales and offered
consumers a
Deep Knead Seat Topper replacement.
heat and massage pad,
#1001, #1001-1, #10011,
#10012
02/98 Rite Aid Corporation The dol!’s wings may Consumers are to
Camp Hill, PA detach resulting in return the dolls to
serious eye injuries. their retailers for a
Cyber Fighter and Flying full refund.
Angel dolls
02/98 Spiegel, Inc. The armoire can fall The product was

Oakbrook, IL 60522

Armoire, item 2333T

over forward.

redesigned to meet
the voluntary
standard safety test.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-32


State(s) or Commonwealth Department

Commissioned Officers

Central Region (Continued)

Georgia (Continued) Office of Consumer
Affairs

Indiana State Department
of Health

Iowa Department of Public
Health

Kansas Department of Health

and Environment
Bureau of Foods
and Drugs

Pesry:Charles Lunsford
Brenda D. Womack
Tryllis Hallford
Jared J. Smith
Monty D. Mohr
Ruth J. Ormond
Sondra Sue Pitts
Edmund J. Bazar
Alma F. Washington
Pamela Y. Wells
Brad W. Houston
Queen C. Acree
David R. Boucher

Margaret K. Cash

Linda J. Hayman

Debra L. Cooper
Thomas W. Schlife
Michael Magnant
William F Permar

James A. Pyles
Roger E. Ozias

Gary Magathan
Launa Osbourn
Gerald E. Vornholt
Earnest E. Barnes
Stephen N. Paige
David R. Bustos
Melissa d. Lill
Daniel S. Hutchinson
Don Parsons

Mary T. Glassburner
Amy S. Peters
Daryl W. Meierhoff
Mark Lackey




“Reference Source
Title 16 CFR

Product Act Type of Regulation Part Number
Diethylene glycol HSA labeling 1500.14(a)(1)
special labeling 1500.14(b)(1)
exemption from 1500.83(a)(15)
labeling
Diethylenetriamine HSA labeling 1500.13(c)
Diglycidyl ethers HSA labeling 1500.13(c)
Diphenhydramine preparations PPPA special packaging 1700.14(a}(17)
Disclaimer deceptive use of HSA misbranded 100.122
Drain cleaners, liquid HSA ban 1500.17(a)(4)
PPPA special packaging 1700.14{a)(5),(9)
Drugs, controlled PPPA special packaging 1700.14{a)(4)
Drugs, oral prescription PPPA special packaging 1700.14(@)(10)
Except:
Nitroglycerin tablets (sublingual) 1700.14(a)(10)(i)
Isosorbide dinitrate (10 mg. sub- 1700.14{a)(10)(ii)
lingual and chewable tablets)
Erythromycin ethylsuccinate (8 gm 1700.14(@)(10)Gii)

oral suspension and granules
for oral suspensions)

Erythromycin ethylsuccinate
tablets (no more than 16 gm)

Cyclical oral contraceptives

Anhydrous cholestyramine (powder
form)

Potassium supplements (containing
not more 50 MEq potassium
per unit dose package)

Sodium fluoride (264 me. per package
of liquid forms and tablet forms)
Betamethasone (12.6 mg per package)

Pancrelipase in tablet, capsule or

wder form

Prednisone tablets (not more than
105 mg per package)

Mebendazole (600 mg per package)

Methyiprednisolone tablets (not more
than 84 mg per package)

Colestipol ges containing not
more than 5 grams of Powder)

Conjugated estrogens tablets (not
more than 32 mg per package)

1700.14(a)(10)(xvi)

1700.14(a)(10)(iv)
1700.14(a)(10)¢v)

1700.14(a)(10)(vi)

1700.14(a)(10(vii)

1700.14(a)(10)(viii)
1700.14(a)10)(ix)

1700.14(a)(10)(x)

1700.14(a)(10)(xiii>
1700.14(a)(10){xiv)

1700.14(a)(10)(xv)
1700.14(a)(10)@cv"


Message from the President

Congratulations to the men and women of the US Consumer Product
Safety Commission as you celebrate your agency's 25th anniversary

Protecting the safety and well-being of our citizens, especially our
children, is our highest priority as 2 people and as a nation Every day,
the dedicated men and women of the CPSC are on the job, working to
prevent injuries associated with consumer products You fulfill a vital
public health and safety mission, and your efforts have made a positive
difference to the life of our nation for the past 25 years

Under the leadership of Chairman Ann Brown, the CPSC continues to
be a visible and effective force for keeping America’s families safe As
you mark this milestone, | want to express my appreciation, and that of
a grateful nation, for your lasting achievements and for helping to make
America a better place for our children Keep up the good work!

Pins Cee

Bill Clinton


EASTERN REGION (Continued)

New York
Mr. Timothy S Carey

Director of the Board and Executive Director

Consumer Protection Board
5 Empire Piaza - Suite“2101
Albany, New York 12223
(518) 486-3933

FAX: (518) 474-2474

North Carolina

Ms. Jeanne Givens

Head, Injury Prevention Branch
Division of Health Promotion
Department Health

and Human Services

PO Box 29605

Raleigh, North Carolina 27626-0605
(919) 715-6448

(FAX): (919) 733-9575

Puerto Rico

Hon. Jose Antonio Alicea

Secretary

Department of Consumer Affairs (DACO)
P. O. Box 41059 - Minillas Station
Santurce, Puerto Rico 00940

(809) 721-0940

FAX: (809) 726-6570

Rhode Island

Ms.Nancy Libby Fisher

Chief of Primary Prevention

Division of Prevention and Health Services
Department of Health

Three Capito) Hill - Room 408
Providence, Rhode Island 02908-5097
(401) 277-3118

FAX: (401) 277-6953

South Carolina

Mr. Phillip Porter

Director

Department of Consumer Affairs
2801 Devine Street - 2nd Floor
P. O. Box 5757

Columbia, South Carolina 29250
(803) 734-9452

FAX: (803) 734-9365

Vermont

Ms. Deborah Dameron

Health Promotion Specialist
Division of Epidemiology and
Disease Prevention
Department of Health

108 Cherry Street - PO Box 70
Burlington, Vermont 05402
(802) 863-7359

FAX: (802) 863-7425

Virgin Islands

Commissioner Osbert Potter
Department of Licensing

and Consumer Affairs
Golden Rock Shopping Center
Christiansted, St. Croix,
Virgin Islands 00820

(340) 773-7408
FAX: (340) 778-7896

I-21


Date

Firm and Product

Alleged Hazard

Remedy

02/98

02/98

02/98

02/98

03/98

Starlite Industries
Bryn Mawr, PA

Max-e-Therm swimming

pool heater

Sears Roebuck &
Company
Hoffman Estates, IL

Infant thermal union suit
Baby's Dream Furniture
Buena Vista, GA
Full-size Crib,Baby's
Dream Generation Crib
Focus Groups, Inc.
Knoxville, TN

Bow Back Glider rocker
chair, item #62036

Fisher-Price, Inc.
East Aurora, NY

Refrigerator Activity
Magnets, #71126

Use of the pool heater

presents a nsk of carbon
dioxide poisoning.

Use of the union suit
presents possible choking
and ingestion hazards.

Children's fingers can be
trapped in the folding
drop gate and severely
lacerated.

The upper section of the
chair may separate from
the base, causing the
chair's seat to fall
backwards. Occupant of
the chair could be
injured.

The toy presents a
choking/ingestion
hazard.

The firm stopped
sales and repaired
consumer units,

The firm stopped
sales of the item and
offered consumers a
refund of the
purchase price.

Consumers are to call
the firm for a free
repair kit and
installation
instructions.

The firm recalled the
product.

Consumers were
instructed to dispose
of the toy. Free
replacement toy
offered.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-33


"TOTAL" includes mcidents where the age was not recorded Therefore, the aggregated age groups may not
equal the total.

>The NEISS is a probability sample of the hospital emergency departments in the United States and its
territories Consumer product-related injuries reported in the sample hospitals are transmitted via computer to
the Commission on a daily basis The injury estimates shown are provisional, they are based on data reported
to CPSC as of 1/12/98 These injury reports not only provide the means for estimating the magnitude of
consumer product-related injuries in the United States, but also provide a source for gathering further
information concerning the nature and probable cause df the accident

Since the estimates shown in this table are based on a sample of hospital emergency departments rather than
all hospital emergency departments in the United States, they are subject to sampling error. For a description
of the sample design and calculation of the sampling error, write:

National Injury Information Clearinghouse
U.S Consumer Product Safety Commission
Washington, DC 20207-0001

‘Based on the nature of the injury and the body part affected, all nonfatal injuries are classified to a 6-point
scale with injunes ranging from minor to most severe This ranking is based on medical judgment in terms of
expected physical impact, as well as threat to life and potential for permanent impairment. This scale value is
then increased by one if the patient 1s admitted for inpatient hospital care, a seventh point on the scale is
established for those injuries with the most severe classification which require hospitalization. Poisonings are
an exception to the procedure A poisoning case which is treated and released is classified as a "2" on this
scale, while a poisoning case requiring hospitalization is classified as a "6" Deaths are classified as "8" on this
scale, but are grouped with Category 7 in the weighting procedure discussed below.

A geometric inflation factor 1s used to reflect differences in the degrees of severity among the seven scale
categories. Category 1, the least severe category, has been assigned a value of "10." This value is increased
by 20 percent to arrive at a value of "12" for Category 2. Therefore, each succeeding scale category value is
increased by a geometric proportion of the preceding value; i.e., 40 percent, 80 percent, up to a 640 percent
increase for Category 7. These severity values range from 10 to 2,516, based on a combination of three
factors: injury diagnosis, body part involved and disposition of the case. The estimated mean severity is an
average severity value for an estimated number of injuries.

Because the mean severity is based on value judgments, the reader should use caution in interpreting small
differences in these measures between product groups.

‘The estimates in Table 3 of the costs of emergency room treated injuries associated with the use of
consumer products are from the Injury Cost Model (ICM) developed by the Directorate for Economic
Analysis. The ICM includes 11 injury cost components: medical costs; forgone earnings; transportation costs;
visitors' forgone earnings; visitors' transportation costs; health insurance administration costs; product liability
insurance administration costs, litigation costs; disability costs; retreatment costs; and pain and suffering costs.
Since the ICM relies solely on information on the emergency room treated injuries reported in Table 2, the
cost estimates in Table 3 do not include the costs of consumer product-related injuries that were treated
elsewhere, such as in physicians' offices, health maintenance organizations, and freestanding emergency clinics.
Furthermore, cost estimates are not available for many acute and chronic illnesses associated with exposure to
chemical hazards. The number and cost of these illnesses would be expected to be large. Table 3 also
excludes the economic losses of fatalities associated with the use of a consumer product. These losses may be
substantial. Injury cost estimates are adjusted to June 1998 price levels using the overall consumer price index
and the overall medical care index.

Age group costs may not add to product totals because the age of the victim was not always known.

A-11


Subsection B: Voluntary Corrective Action Plans Under
Section 15 Of The Consumer Product Safety Act And
Section 15 Of The Federal Hazardous Substances Act

Date Firm and Product ‘Alieged Hazard Remedy
10/97 Husqvarna Forest and The trimmer's vibration Consumers are to
Garden Company can cause the gear case return the trimmer to
Charlotte, NC and the crank case to their dealers for
separate resulting in repair by replacing
Gasoline powered hedge _ flying small parts that four 16 mm screws
trimmer, model 225H may strike user or with 25 mm screws,
bystander. and adding two
additional 16 mm
screws.
10/97 DeSantis Holster & The holster did not The firm replaced all
Leather Goods, Inc. securely hold the holsters.
New, Hyde Park, NY weapon.
Glock gun holster, #78
and #79
10/97 Hechinger Co. The fan presents a fire Consumers are to
Landover , MD or shock hazard. return the recalled
fan for a full refund.
Envirotech electric fan
10/97 All American Home The fan presents a fire Consumers are to
Center or shock hazard. return the recalled
Downey , CA fan for a full refund.

Envirotech electric fan

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-13


Date Product/ Model Violation Manufacturer/Imp.
05/01/1998 Toy Car Small parts United Tradeline, Inc.
HK-736 16 CFR 1501 Arcadia, CA 91006
05/02/1998 Rose Rattle Rattle Michael Friedman Corp.
Hobby Horse 16 CFR 1510 Brooklyn, NY 11208
05/05/1998 Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB124 16 CFR 1501 New York, NY 10018
05/05/1998  Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB129 16 CFR 1501 New York, NY 10018
05/08/1998 Bed-crib Labeling-Crib/Carton Caribe Furniture Mfg. Inc.
Perla Canopy 16 CFR 1508/1509 Toa Alta, Puerto Rico
00953
05/15/1998 Bed-crib Crib Cut Outs Muebles Torres, Inc.
#LT/CANOPY 16 CFR 1508/1509 Toa Alta, Puerto Rico
00953
05/15/1998  Bed-crib Crib Cut Outs Muebles Torres, Inc.
#850/CANOPY 16 CFR 1508/1509 Toa Alta, Puerto Rico
00953
06/02/1998 Bracelets Small parts A. A. Of America, Inc.
12 PC. Sets 16 CFR 1501 East Brunswick, NJ 08816
06/03/1998 Activity Block Set Small parts T.s. Toys
ITEM #38329 16 CFR 1501 New York, NY 10010
06/25/1998 — Illusion Lamp Oil Kindling/illuminating _ Illusion Glass
16 OZ. Size Packaging Sun Valley, CA 91352
16 CFR 1700.14{a)(7)
06/29/1998  Knock-a-ball Wood Small Ball Ban Laiko International Inc.
Toy 16 CFR 1500.18 City of Industry, CA 91745
ITEM #785
06/30/1998 Turn Ball W/whistle Rattle Stk International, Inc.
BI-194 16 CFR 1510 Vernon, CA 90058

F-8


Import Surveillance

CPSC and the U.S. Customs Service continued their cooperative efforts to identify and
prevent hazardous consumer products from entering the U.S. The dockside surveillance of
consumer products imported to the U.S plays a major role in CPSC's compliance program.
Hazardous products that violate mandatory safety standards are stopped at the ports of entry
so they never reach consumers. Working together, CPSC and the U.S. Customs Service
tefused admission into the U.S or detained for reconditioning or destruction nearly 400
shipments of imported consumer products that did not meet U.S. safety standards. As a result,
about 20.5 million dangerous product units that violated CPSC safety standards never reached
store shelves. CPSC's and the U.S. Customs Service's import surveillance program:

. prevents injuries and deaths;
s motivates manufacturers and importers to comply with safety regulations; and
. ensures that foreign manufacturers receive the same scrutiny for safety as domestic

manufacturers, leveling the competitive playing field

CPSC's safety standard requiring child resistance in disposable and some novelty
cigarette lighters became effective in July 1994. CPSC and the U.S. Customs Service continue
to closely enforce these requirements. In 1998, CPSC and the US Customs Service prevented
approximately 400,000 noncomplying lighters from entering the country.

To determine the level of compliance with fireworks regulations, CPSC targeted
imported fireworks. CPSC and the U.S. Customs Service selectively sampled 540 shipments
of fireworks. Out of the total number of shipments, 144 violated CPSC's mandatory safety
requirements. More than 19 million units presented violations serious enough to warrant
seizure or other action by CPSC and the U.S. Customs Service to prevent entry of the
shipments into the U S. The level of substantial compliance with the fireworks regulations has
reached 73 percent for targeted imported fireworks. CPSC is continuing its efforts to ensure
that fireworks comply with agency regulations.

CPSC and the U.S. Customs Service also targeted toys and rugs. The U.S. Customs
Service also alerted CPSC to a number of shipments of hazardous electrical products.

Enforcing Product Regulations

CPSC conducted more than 402 inspections of U.S. manufacturing, importing and
tetail establishments involved with products subject to the agency's mandatory requirements.
During these domestic inspections and import surveillance activities, CPSC collected samples
of approximately 1,900 different products to determine compliance with mandatory
requirements. The agency targeted products it believed might violate safety standards,
including fireworks, toys, wearing apparel, cigarette lighters, household chemicals and
medications requiring child-resistant packaging.

10


USA Baseball Medical and Safety Advisory

Committee

June 26-28

EH: issues related to youth baseball safety

Water Heater Industry Joint Development

Consortium
November 20
December 16

February 23

Apnil 1
April 2
April 15
May 4
June 10
July 15

August 26

Wayne-Dalton Corporation

February 27
Weave Corporation

February 24

Whirlpool Corporation

July 9

ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning the development of
technological solutions of the hazard of water heater ignition of
flammable vapors

ES: to witness public demonstration of proposed ANSI vapor ignition
resistance test methodology and test of new technology water heater
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solutions to the hazard of water heater ignition of flammable vapors
ES: proprietary information concerning development of technological
solution to the hazard of water heater ignition of flammable vapors

ES & EXC: garage door operators

EC & other CPSC staff: upholstery textiles

ES: clothes dryer construction

Wilger Testing Company, Inc.

May 6

ES: double envelope tungsten halogen lamp

C-19


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Volatile flammable materials HSA flashpoint testing method 1500.43
Walker-jumper HSA ban 1500.18(a)(6)
exemption from classification 1500.86(a)(4)
Water-repellant mixtures, masonry HSA ban 1500.17(@)(1)
Wax containers HSA exemption from labeling 1500.83(a)(8)
Waxes, paste for autos, furniture, floors, HSA exemption from labeling 1500.83(aX(8)
shoes
Wearing apparel FFA standard (CS 191-53) 1610
Wood burning appliances (see appliances)
Writing instruments HSA exemption from labeling 1500.83(a)(38)
Xylene (xylol) HSA labeling 1300 AOR
special labeling 1500.14(b)(3)Gi), (iii)
exemption from labeling 1500.83(a)(8),(9),(11),(13)
Xylene (paint solvents) PPPA special packaging 1700.14(a)(15)

H-19


Date Firm and Product Alleged Hazard Remedy
11/97 Emerson Motor Company Use of the fans presents Service technicians
St. Louis, MI an electric shock hazard are to repair fans.fise
of charge.
Dayton 36-inch
commercial fans, models
#3C674C and 3C991
11/97 3M Company Certain cans from two 3M is recalling all
St Paul, MN lots could explode and units in suspect lots.
injure nearby people
3M Aerosol Glass Cleaner
11/97 Bob's Kart Shop The wheels may break The firm recalled the
Sheridan, IL causing a rider to lose product.
control of the go-cart.
Go-Cart, model Go-Fur,
#20-300
11/97 Vesture Corporation Use of the mug presents The firm recalled the

Asheboro, NC

Lava Java Microwaveable
Mug, item #'s
'VL102020000,
'VL102300000, and
'VL102604000

a fire hazard.

mug.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-20


State(s) or Commonwealth Department

Commissioned Officers

Western Region (Continued)

Texas (Continued)

Department of Health Richard Boykin
Houston Robert H. Lance
Wyoming Department of Agriculture Shawn Moore
Gerald V. Olson
Nancy Rieke
Doug Krogman

Harold D. Anderson, Jr.


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Toys (cont'd)
rattles HSA bans 1500.18(a)(1) & (15)
exemption from banning 1500.86( { fe 1) as)
safety requirements 1510
sharp edges HSA technical requirements 1500.49
sharp points HSA technical requirements 1500.48
I parts HSA ban 1500.18(a)(9)
safety requirements 1501
model rockets HSA exemption from labeling 1500.83(a)(36)
model rockets, propellant HSA exemption from labeling payday
sewing machines HSA requirements 105.4(h)3)
stuffed animals with laceration hazard HSA ban 1500. 18(a)(3)
stuffed toys to be suspended CPSC to be regulated under 1145.9
the CPSA
toys HSA labeling 1500.19
train smoke HSA exemption from labeling 1500.83(a)(33)
use and abuse tests HSA testing procedures 1500.50.53
labeling 1500.14(a\(5)
exemption 1500.83(a)(8)
PPPA special packaging 1700.14(a)(6)
Tubes, collapsible metal HSA labeling 1500.121(e)
Unpackaged hazardous substances HSA labeling requirements 1500.121(f)
Turpentine HSA special labeling 1500.14(6)(5)
Varnish HSA exemption from labeling 1500.83(a)(13)
Video games CPSA exemption from electrically- 1505
overated toy requirements
Vienna paste HSA labeling 1500.129(i)
Viny! chloride HSA ban 1500.17(a)(10)
Vinyl plastic film FFA standard (CS 192-53) 1611
Visual novelty devices HSA exemption 1500.83(a)(31)

containing perchloroethylene

H-18


39. Shock Protection Devices (GFCIs)

Purpose - To improve the "Standard for Ground-Fault Circuit-Interrupters (UL 943)"
and the "Standard for Leakage Current Protection Devices (UL 943A)" by identifying
installation and reliability issues which may affect their proper operation and by revising the
standard accordingly.

Highlights - CPSC staff evaluated the effectiveness of one manufacturer's enhanced
receptacle ground-fault circuit-interrupter (GFCI) that is intended to improve safety by
providing an indication of specific installation errors.

40. Snow Throwers

Purpose - To revise the national consensus safety standards so as to reduce the risk of
severe finger and hand injuries associated with contact with the snow thrower impeller while
clearing clogged snow from the discharge chute.

Highlights - CPSC staff began a cooperative effort with industry members to conduct
research on ways to prevent clogging of the discharge chute and methods to clear the chute.
CPSC staff planned to participate in the research effort and provide incident data which may
identify snow conditions and types of machines involved in these incidents.

41. Soccer Goals

Purpose - To create a new national consensus safety standard for portable soccer
goals.

Highlights - A new provisional safe use guide (ASTM PS43) was approved on
10/10/97. An ASTM performance safety standard was balloted in 1/98 and failed. A revision
was reballoted in 5/98 and also failed. At a subcommittee meeting in 9/98, major areas of
disagreement were resolved. Assignments were made for drafting revisions to be circulated
to the subcommittee's members for review before reballoting.

42. Sprinklers

Purpose - To improve the voluntary product and installation standards for automatic
fire sprinklers.

Highlights - During FY 1998, the CPSC staff provided UL with technical comments
to help improve the "Automatic Sprinklers for Fire Protection Service (UL 199)" safety
standard. At the end of FY 1998, staff planned continuing involvement in FY 1999 to
improve the UL safety standard.

E-18


Description Proposed Final Effective
Date

Resource

Federal Hazardous Substances Act
Final Action:

Guidance on the 01/22/98
major factors the

Commission considers

when evaluating

products that contain

lead.

Guidance on liquid- 05/28/98
filled consumer

products that may

contain harmful

liquids.

63 FR 3310

63 FR 29182


State(s) or Commonwealth

Department

Commissioned Officers

Eastern Region (Continued)

Puerto Rico

South Carolina

Vermont

Virgin Islands

Central Region

Georgia

Somerset County
Division of Consumer
Affairs

Union County

Department of
Consumer Affairs

Board of Pyrotechnic
Safety

Department of Consumer
Affairs

Office of State Fire
Marshal

Department of Health

Consumer Services
Administration

Office of Consumer
Affairs

Marianne Mattei
Virginia G. Mastrogiovanni
Eileen V. Popovich

Ollie Boone
Leida Martinez
Patric Morris

Jose Rodriguez Sanchez
Carlos Mateo Alers
Hector Rivera Aponte
Enrique V. Irigoyen
Francisco F. Aponte

Gerard W. Wingard

William D. Kadlowec
Herbert Walker, Jr.
William E. Maree

William V. Porcel

Sara Villeneuve

Calvin L. Brooks
Margaret Evelyn Sumter

Connie P. Spearman
Charles F. Mills
Russell F, Laurens
Michael A. Kaiser
Diane W. Holland
Marian R. Collins
Calvin Cash


National Association of State Fire Marshals (NASFM)

December 19 Commissioner Thomas H Moore/staff: upholstered furniture fires

January 22 ES & other CPSC staff; unattended home appliance fires and other
CPSC fire-related projects of mutual interest

February 12° ES: electrical fires

April 9 EH & EC: participant in panel discussion on flame retardant chemicals

April 29 ES: fire-related issues of mutual interest

May 20 Commissioner Thomas H. Moore/staff: upholstered furniture

National Electrical Manufacturers Association (NEMA)

October 9 ES: development of a new smoke detector pamphlet
November 7 ES: safety issues related to light bulbs
March 31 ES: development of an information guide for residential smoke alarms

National Electrical Safety Foundation (NESF)
May 14 ES: electrical safety programs for consumers

National Elevator Industry, Inc. (NEII)

February 19 EXHR & other CPSC staff: the draft test protoco! for assessing
variables that may be associated with escalator step-skirt entrapments

March 26 ES. to observe Arthur D. Little, Inc. conducting the test protocol they
developed to access the escalator step-skirt entrapment hazard

July 21 EXHR & other CPSC staff: the results of Phase I research assessing

variables that may be associated with escalators step-skirt entrapments
and plan for Phase II research

National Fire Protection Association (NFPA)

November 18-19 EC: carbon monoxide detectors/alarms

November 20 Commissioner Thomas H. Moore/staff & ES: children's sleepwear
regulation

December 1 Chairman Ann Brown/staff & ES: children's sleepwear regulation

December 1-5 ES: proposals to amend the National Electrical Code

January 20-22 EXHR: National Fire Alarm Code Committee's Report on Proposal
(ROP) committee meeting

May 18-21 ES: the proposed 1999 edition of the National Electrical Code

C-13


Date Firm and Product Alleged Hazard Remedy
04/98 Advance International Use of the electric lights The firm recalled the
Bronx, NY may result in electric lights from the
shock or fire. consumer level.
Christmas Lights, 140
Chasing Lights - Made in
China
04/98 General Electric The converter presents a ‘The firm offered
Cleveland, OH potential shock hazard. consumers a refund
of the purchase price.
Triple tap converter,
model #1748
04/98 Gerry Baby Products, The monitor presents The firm offered
Division of Evenflo smoke and fire hazards. consumers a
Company replacement battery
Tampa, FL with a fuse.
Baby monitor, model
Gerry 618
04/98 Sunbeam Products, Inc. Use of the cooker Consumers are to
Hattiesburg, MS presents a shock hazard. contact the firm for a
replacement or a
Slow cooker, models refund.
269land 2693
04/98 SRAM Corporation The chain may break The firm offered
Chicago, IL causing the rider to fall. consumers a free
replacement.
Sachs bike chains, models
PC4I et. al.

Certain corrective actions may not rise to the level ofa substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-41


Trott, William

Department of Trade and Industry, United Kingdom

May 6

May 6

Chairman Ann Brown/staff, the General Counsel, EXHR & EH: for an
evaluation of the hearing on toxicity of flame retardant chemicals for
use in upholstered furniture

Commissioner Mary Sheila Gall/staf¥ & EC: experience in the United
Kingdom in justifying and enforcing regulations on the flammability of
upholstered furniture

Underwriters Laboratories, Inc. (UL)

October 27
October 28
November 4
November 6
December 29
January 13
January 13
February 4

February 11
February 18
February 27
April 2
May 5-6
May 13
June 16
August 5
August 10

September 10
September 10

EXHR, ES & EC: carbon monoxide detectors

ES: flammability of polymeric electric appliance enclosures

ES: arc fault circuit interrupter testing by UL

ES: portable household appliances

ES: CPSC staff thermoplastic testing and to tour CPSC testing facilities
ES: results of the FY 97 Fire Safety Devices project

EXHR & other CPSC staff: fire extinguishers

ES: washing machine inyuries associated with the spin cycle and
potential changes to the UL standard

ES: flammability of polymeric electric appliances enclosures
ES: halogen torchiere lamps

ES & EXC: garage door operators

ES & other CPSC staff various electrical and fire topics

ES: voluntary standards issues of mutual concem

ES: proposed requirements for gate operators

ES: plastic flammability

ES: requirements for deep fat fryers

ES: to receive a demonstration of UL glow-wire ignition testing and
equipment

ES: clothes dryer issues

ES: dishwasher issues

United Kingdom Government and Industry

representatives

December 11-12

EC: upholstered furniture

US. Fire Administration (USFA)

October 10

EXHR & ES: nation's fire research agenda

C-18


Date Firm and Product Alleged Hazard Remedy
07/98 Quantum North America The adequately welded = Replacement burners,
Philadelphia, PA bumer may fall off made with a flange
resulting in burns from riveted in three
Red Devil gas grill the hot surface. places, were sent to
all potentially affected
consumers.
07/98 The Coleman Company The knife lock blade may _—_ The firm offered
Wichita, KS fail presenting a refunds of the
laceration hazard. purchase price to
3" X-Pert folding pocket consumers.
knife
07/98 Bemis Manufacturing The chairs may collapse The firm recalled the
Company resulting in falls to chairs from the
Sheboygan Falls, WI occupants. consumer level of
distribution.
Reclining plastic chair,
model 2068
07/98 Royal Sovereign The heaters present fire The firm

Corporation
Englewood, NJ

Electric heaters, item #
RST-1200

and electrocution
hazards.

implemented a
consumer level
corrective action

program.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-53


National Recreation and Park Association
February 11 Chairman Ann Brown: speaker on CPSC’s new playground and
spa/pool entrapment guidelines and the importance of disseminating
safety information to the public
National SAFE“KIDS Campaign

October 13 EC: speaker at leadership conference on prevention and detection of
carbon monoxide poisoning

National Ski Areas Association
June 30 ES: skiing injuries

National Spa and Pool Institute (NSPI)

January 22 Chairman Ann Brown & CPSC staff: issues related to swimming pool!
safety
February 11 ES: pool and spa suction entrapment

National Swimming Pool Foundation

January 22 Chairman Ann Brown & CPSC staff: issues related to swimming pool
safety

Natural Gas Industry Representatives
March 25 ES: gas range/oven emissions test plan developed by CPSC staff
Newtron Products Company
September 28 EC & other CPSC staff: 1) CPSC staff activities related to carbon
monoxide (CO) detection and 2) Newtron's Products Company's
incorporation of CO detection capabilities into their product line

Nighthawk Systems, Inc.

March 3 EC & other CPSC staff: the use of digital displays on carbon monoxide
(CO) alarms

Norman, Edam, McNaughton, & Wallace

July 13 EH: the rulemaking proceeding for multipurpose lighters

C-14


APPENDIX F: Voluntary Corrective Action
Plans and Product Recalls
Subsection A: Regulatory Recalls
Subsection B: Section 15 Recalls


Date Product/ Model Violation Manufacturer/Imp.
09/15/1998 — Girl's Pajama Set Sleepwear Mast Industries, Inc
2006 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/15/1998 Pajama Set - Girl's Sleepwear Mast Industries, Inc
1119 Flammability Failure § Andover, MA 01810
16 CFR 1615/16
09/15/1998 Children's Sleepwear Sleepwear Mast Industries, Inc
2003 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/15/1998 Pajama Set - Girl's Sleepwear Mast Industries Inc.
1050-CC72 Flammability Failure © Andover, MA 01810
16 CFR 1615/16
09/15/1998 Pajama Set - Girl's Sleepwear Mast Industries Inc.
2017-CC27 Flammability Failure Andover, MA 01810
16 CFR 1615/16
09/19/1998 Race Car Small parts Al-dan Trading, Inc.
D31-31011 16 CFR 1501 Miami, FL 33014
09/28/1998 Sweatshirt Clothing Flammability Stanly Knitting Mills, Inc.
Unknown Failure Oakboro, NC 28129
16 CFR 1610
09/30/1998 Bounce Balls Misbranded Novi Kids
Halloween Toys/Games w/Small San Diego, CA 92108

Ball
16 CFR 1500.19

F-12


ASTM cont'd.

April 17 ES & other CPSC staff: candle products

April 21 EH: child-resistant packaging

May 18 EH: multipurpose lighters

June 15 EH. revisions to draft standards for guards intended to prevent children
from falling out of windows

June 15 ES: provisions for a new voluntary standard for playground equipment
for children under two years of age

June 16-17 ES: revisions to the voluntary standard for home playground equipment

June 17-18 ES: revisions to the voluntary standard for public playground
equipment

June 30 EXC: padding testing (trampolines)

July 24 ES: fun karts

August 24 ES: juvenile products standards development

September 15 ES: fire blankets for consumer use

Boehringer Ingelheim Pharmaceutical, Inc.
January 27 EH & other CPSC staff: child-resistant packaging
Burlington Corporation
July 9 EC & other CPSC staff: upholstery textiles
Business & Institutional Furniture Manufacturers Association (BIFMA)
March 30 EC: CPSC activities on upholstered furniture flammability
Camping Heating Coalition
October 6 ES & EXHR: status of efforts to develop standards requirements to
protect against carbon monoxide poisoning from portable camping

Chemical Manufacturers Association (CMA)

October 29 EH & other CPSC staff: phthlates
May 8 EH: results of studies done by CMA on phthlates

Childrenswear Manufacturers Association

March 16 EXC & ES: various flammable fabrics compliance issues and possible
technical amendments of the children's sleepwear standard

C-8


WESTERN REGION (Continue

Oklahoma
Mr. Rocky McElvany

Chief, Environmental Health Services
Department of Health

1000 NE 10th Street

Oklahoma City, Oklahoma 73117
(405) 271-5217

FAX: (405) 271-5254

Oregon
Ms. Jan Margosian

Consumer Information Coordinator
Financial Fraud

Department of Justice

100 Justice Building

Salem, Oregon 97310

(503) 378-4732

FAX: (503) 373 7067

Texas

Mr. Charles Branton
Director of Programs for
Product Safety

Consumer Health Protection
Department of Health

1100 West 49th Street
Austin, Texas 78756

(512) 834-6773 x2260
FAX: (512) 834-6766

Utah

Ms. Francine Giani

Director

Division of Consumer Protection
P. O. Box 45804

Salt Lake City, Utah 84145-0802
(801) 530-6601

FAX: (801) 530-6650

Washington
Mr. Eric Slagle

Assistant Secretary for
Environmental Health Programs
Department of Health

Airdustrial Center Bldg. 2

PO Box 47820

Olympia, Washington 98504-7820
(206) 753-5955

FAX: (206) 586-5529

Wyoming

Ms. Helen Levine

Director, Office of Public Affairs
Department of Health

Hathaway Building

Cheyenne, Wyoming 82002
(307) 777-7959

FAX: (307) 777-7439


Date

Firm and Product Alleged Hazard

Remedy

03/98

03/98

03/98

03/98

John Deere & Company

Moline, IL

Walk behind mower

blades, models 14SB and

14SE

Spiegel, Inc.
Downers Grove, IL

Mohogany highboy,

models #1902 and #1907

Evenflo Products
Company, Inc.
Piqua, OH

Model 207 and 492

Evenflo On My Way car

seat/infant carriers
manufactured from
December 15, 1995
through July 27, 1997.

Riteway Inc.
Santa Ana, CA

Tag Along bike trailer

The blades may fracture
or break posing a
laceration hazard.

The legs and base shelf
collapse.

The carrier handle can
unexpectedly release and
cause the seat to flip
forward resulting in
injury to child in the
carrier.

The trailer may
disconnect causing the
rider to fall.

The firm sent
notification to all
dealers and
consumers via mail
about expansion of
this 1995 recall. Free
replacement blades
were offered to
owners.

The firm offered
consumers a free
repair kit.

The firm provided
free repair kits for
consumer installation.

The firm recalled the
trailer.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-37


Date Firm and Product Alleged Hazard Remedy
05/98 Schwinn Bicycle Co. The wheel attachment The firm sent
Boulder, CO hub can lacerate or cut approved retrofit kits
fingers of the rider. to all dealers and
Joy Rider 2 Mag Wheel consumers to prevent
bicycle trailer the potential hazard.
05/98 Marley Electric Heating Use of the heaters New plug
Company presents a potential replacements with
Bennettsville, SC electric shock hazard. instructions were
mailed to owners to
Electric heaters - 1997 either replace the
production with date code plug or take the
no. XX97, model product and the new
MMHD1502T. plug to an appliance
repair store.
06/98 RJS Incorporated The metal container may The firm
No. Port Washington, overheat and char the implemented a
NY furniture. consumer level recall.
Thoroughbred" candle in
a metal container
06/98 Fountainhead The plastic cap can The firm replaced all
Technologies, Inc. unexpectedly pop off defective caps.
Providence, RI striking a consumer in
the face.
Pool filter

Certain corrective actions may not rise to the level of'a substantial product hazard, but a frm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-46


WESTERN REGION

Alaska

Commissioner Karen Purdue
Department of Health

and Social Services

P.O. Box 110601

Juneau, Alaska 99811-0601
(907) 465-3030

FAX: (907) 465-3068

Zi
Mr. Lee A. Bland
Chief
Office of Environmental Health
Department of Health Services
3815 N. Black Canyon Highway
Phoenix, Arizona 85015
(602) 230-5808
FAX: (602) 230-5959

Arkansas

Mr. Jim Shelby

Assistant Director

Division of Environmental Health
Protection

Department of Health

4815 West Markham

Little Rock, Arkansas 72205-3867

(501) 661-2171

FAX: (501) 661-2572

California

Ms. F. Kimberly Belshe
Director

Department of Health Services
714 P Street, Room 1253
Sacramento, California 95814
(916) 657-1425

FAX; (916) 657-1156

Colorado

Mr. P. Roger Holbrook
Assistant Director

Consumer Protection Division
Department of Health

4300 Cherry Creek Drive South
Denver, Colorado 80220-1530
(303) 692-3626

FAX: (303) 753-6809

Guam

Mr. Dennis G. Rodriguez
Director

Department of Public Health
and Social Services

P.O. Box 2816

Agana, Guam 96910

(671) 735-7102

FAX: (671) 734-5910


have existed. Under those statutory and regulatory provisions, CPSC takes
enforcement actions against the products of Shelton and members of the National
Fireworks Association. On February 14, 1997, the plaintiffs filed a complaint and
motion for preliminary injunction, alleging that CPSC acted illegally. On March 4,
1997, the government filed a motion to dismiss. On April 10, 1997, the judge filed a
Memorandum to Counsel, to which both sides responded. On May 8, 1997, the court
deriied the plaintiff's motion for a preliminary injunction and the government's motion
to dismiss. Between July 1997 and April 1998, the parties engaged in discovery,
including depositions, interrogatories, and document production. The government
moved for summary judgment on February 13, 1998, and the plaintiffs moved for
summary judgment on March 3, 1998. On April 28, 1998, the court ruled on the
cross motions for summary judgment and found that: (a) CPSC has jurisdiction to
regulate fireworks, (b) Shelton's products were in interstate commerce, (c) the doctrine
of laches does not preclude CPSC from seeking civil penalties, (d) CPSC may rely for
injunctive relief on violative fireworks that it permitted Shelton to sell, (e) CPSC may
use sampling to condemn a whole fireworks shipment, (f) the issue of non-random
sampling is reserved for tnal, (g) Shelton's due process arguments lack merit, (h) the
statistical validity of a sample that disregards the size of the shipment is reserved for
trial, (i) Shelton's claim that fuse burn values of 2.51 and higher must be rounded up
to 3 are not adopted, (j) Shelton's claim about the labeling of small festival balls is
wrong, (k) Shelton's arguments about the corporate and individual distinctiveness of
the three importers are reserved for trial, (1) CPSC's assertion that Shelton acted
"knowingly" is reserved for trial, (m) there is jurisdiction over the NFA case, and (n)
there is no evidence to support Shelton's claim that CPSC took "unjustified actions and
threats" against Shelton. From May 11-15, 1998, the parties presented evidence at a
bench trial (a non-jury trial before the judge). Both sides filed post-trial briefs on
August 3, 1998. The court scheduled an oral argument for November 5, 1998.

Handlery Hotels, Inc. and Fireman's Fund Insurance Companies v. CPSC, No.
97-1100-B (S. D. Calif.). Beginning in July 1996, an attorney representing Fireman's
Fund Insurance Company requested information from CPSC. In September 1996 and
April 1997, CPSC disclosed some of the information and withheld other information.
On April 10, 1997, the attorney appealed the decision of the CPSC's Freedom of
Information Officer to withhold some information. On May 14, 1997, the CPSC's
General Counsel affirmed the FOI Officer's decision. On June 9, 1997, the plaintiffs
filed a complaint, and on July 24, 1997, they moved to compel preparation by the
government of a "Vaughn index" (listing and describing withheld information). On
August 15, 1997, the government filed an answer and opposed the motion by stating
its intention to file a motion for summary judgment and Vaughn index in the future.
On August 26, 1997, the court conditionally granted the motion and ordered the
government to file a Vaughn index after it moved for summary judgment. On
September 30, 1997, the government moved to dismiss, to transfer venue, or for
summary judgment, and attached a Vaughn index. On November 14, 1997, the
plaintiffs filed an opposition brief and moved for summary judgment. The government

G-6


Index of Products Regulated By CPSC

Reference Source:
Title 16 CFR
Product Act Type of Regulation Part Number
Acetaminophen PPPA special packaging 1700.14(a)(16)
exemption 1700.14(a)(16)(), Gi
Aceuc acid HSA labeling 1500.129(g)
Acetonitrile (see glue remover)
Adhesives, HSA labeling 1500.133
containing methyl alcohol HSA exemption from. 1500.83(a)(34)
eling
nitrocellulose base HSA exemption from 1500.83(a)(10)
elIng
floor covering HSA exemp' mption from 1500.83(a)(13)
labeling
extremely flammable contact CPSA ban 1302
CPSA to be regulated 1145.3
under CPSA
Aerosols (see self-pressurized HSA suggested labeling 1500.130
products)
Aluminized polyester film kite HSA ban 1500.18(c)(1)
ia, ammonia water (house- HSA labeling 1500.129(g)
hold), ammonium hydroxide
Antennas
(CB base station and TV) CPSA labeling requirement 1402
(Omnidirectional CB base station) CPSA performance and 1204
certification
Antifreeze, ethylene glycol HSA labeling Fave eol
PPPA Special packaging 1700.14(a)(11)
Antiquing kits HSA exemption from 1500,83(a)(25)
labeling
Appliances, coal and wood-burning CPSA provision of perfor- 1406
PP mance and technical
ita
Architectural glazing materials CPSA safety standard 1201
Art materials HSA exemption from ban 1500. 85(a)(4)
HSA labeling 1500.14(b)(8)


Dear Members of Congress.

The U S. Consumer Product Safety Commission (CPSC) 1s pleased to submit its report
for fiscal year 1998.

As an independent federal agency, CPSC helps keep families—especially
children—safe in their homes, schools, in recreation and in other places by overseeing the
safety of 15,000 types of consumer products. To reduce injuries and deaths associated with
these products, CPSC identifies and analyzes product hazards, helps industry to develop
voluntary safety standards for products, monitors compliance with voluntary standards, issues
and enforces mandatory standards, obtains voluntary recalls of dangerous products from the
marketplace, and informs the public of potential product risks.

This year, CPSC marked its 25th anniversary Anniversaries are important milestones
that give us the chance to look at both where we've been and where we're going. In creating
CPSC in 1973, Congress charged it with the mission of saving lives and preventing injuries
associated with products American families use every day.

Over the past 25 years, CPSC has achieved results. The rate of deadly injury
associated with consumer products has fallen by 30 percent Through our work on
electrocutions, children's poisonings, children's cribs, power mowers and fire safety, CPSC has
saved the nation more than $10 billion annually in health care, property damage and other
societal costs—~more than 200 times our annual budget!

This year, CPSC worked with industry to obtain 273 corrective actions involving about
36.6 million consumer product units. About 120 of these actions were toys and children's
products, involving more than 6 million product units. More than 100 firms participated in the
Fast Track Product Recall Program to speed up the recall of hazardous products. In October
1998, the program was honored with the Innovations in American Government Award.

In addition, CPSC filed administrative lawsuits against two companies to get .
dangerous products off the market. These were the first such lawsuits filed by CPSC in nearly
10 years.

The following pages explain in detail CPSC’s work in fiscal year 1998, which helped
reduce injuries and save lives. As Chairman, and with my esteemed colleagues Vice-
Chairman Thomas Hill Moore and Commissioner Mary Sheila Gall, we will see that CPSC
continues to share the responsibility of product safety with our product-safety partners,
industry and the American public.

Sincerely,

Cn Boon

Ann Brown


Date Firm and Product Alleged Hazard Remedy
09/98 Pierce Engineered Pellets or sawdust may All suspect units are
Products, inc. escape the fire box to be professionally
Eugene, OR resulung in smoke inspected, and if
and/or fire hazards. necessary, repaired
Fireplace pellet stove free of charge.
inserts, models P100ID
and P2001
09/98 Huffy Corporation The frame may crack or _ The firm offered
Miamisburg, OH break causing the rider consumers a
to lose control. replacement or
Bicycle, model 26" Huffy refund of the
ABT 2000 & Sears purchase price.
475170
09/98 MacKenzie-Childs Ltd. The paper shade may The firm recalled the
Aurora, NY ignite from the burning original paper shades
candle flame. offering consumers
Paper candle shade replacement
fire-resistant shades.
09/98 PJ Toys The lead content is The firm recalled
New York, NY above the allowable level. and destroyed the

Children's furniture,
mirror, toy box, chair,
wall hook, wall shelf,
stool, coat tree, rocking

unit, and table,Circus and

princess,097-02-0049,
-0052, -0053, -0057,
-0056, -0051, -0090,
-0054, -0055, -0058, -00

products.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-60


Date

Firm and Product

Alleged Hazard

Remedy

01/98

01/98

01/98

01/98

Beeswax Designs, Inc.
Arbum, CA

Etched and Star of David

taper candles

Garden Way, Inc.
Rennselaer, NY

Chipper Vac lawnmower

The Baby Jogger
Company
Yakima, WA

Zipper Jogging Stroller,
Baby Jogger,12" Wheel
Zipper and 16" Wheel

Zipper

Sharp Electronics
Corporation
Mahwah, NJ

Microwave ovens, models

R 330 AK and R 330
AW

Use of the candles can
present a fire hazard

because the wicks do not

burn cleanly.

Use of the lawnmower
presents a possible fire
hazard.

The frame may fail
causing a wheel to
detach.

The oven may overheat
and smoke.

The firm recalled the
candles offering
consumers a refund
of the purchase price.

The firm sent
consumers a small
hose clamp with
installation
instructions to repair
the problem.

The firm offered free
replacement frames
in exchange for
original frames and
dealer inventory is
being returned.
Aluminum rivets are
replaced with
stainless steel rivets.

The product will be
repaired free of
charge. If repair is
not feasible, the
product will be
replaced at no

charge.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-30


Association of Home Apphance Manufacturers (AHAM) responded that there
was insufficient scientific substantiation for a change to the UL 1026 standard.
CPSC staff plans to send a letter to UL and AHAM requesting reconsideration
of the CPSC staff proposal.

° Deep Fat Fryers: CPSC staff evaluated the adequacy of the requirements in the
“Household Electric Skillets and Frying-Type Appliances (UL 1083)" standard
for addressing burns to children. Results of a limited series of tests by CPSC
staff, indicated that a latchable, hinged lid appeared to be effective in
addressing the burn hazard. In 8/98, CPSC staff met with UL to discuss
development of performance criteria for preventing hot oil spills.

11. Cribs

Purpose - To revise an existing ASTM standard for full-size cribs to address slat
disengagement in crib side panels.

Highlights - A subcommittee letter ballot of a revised crib side test addressing
slat/spindle disengagement closed on 8/3/98. In response to comments, some editorial
changes were made at an 8/25/98 subcommittee meeting. With these changes incorporated,
the revision will proceed to F15 Committee ballot and ASTM Society review.

12. Electrical Maintenance Code, Residential

Purpose - To revise the "Residential Electrical Maintenance Code for One- and Two-
Family Dwellings, (NFPA- 73)," as warranted in order to reduce the number of fires, injuries,
and deaths associated with electrical systems in existing homes.

Highlights - Proposals to strengthen the provisions of this code were developed for
the year 2000 edition; the proposals are scheduled to be submitted to NFPA in FY 1999.

13. Escalators

Purpose - To monitor changes to the ANSI/ASME A17 standard for escalators.

Highlights - The industry received approval from the U.S. Justice Department to
conduct a step-skirt performance study to address the potential entrapment hazard. Phase I of
the industry study was completed in 7/98. Subsequent to the end of FY 1998, industry
approved funding in 11/98 for Phase II and Phase III of the study.

E-9


Southcorp USA

February 10 ES: to witness testing of proprietary designs of new technology water
heaters resistant to ignition of flammable vapors
April 23 ES: proprietary designs of new technology water heaters resistant to

ignition of flammable vapors
Square D Company
November 5 ES: to witness manufacturer arc-fault circuit interrupter testing

Stevens, Gary
Polymer Research Centre, University of Surrey,
United Kingdom

May 6 Chairman Ann Brown/staff, the General Counsel, EXHR & EH: for an
evaluation of the hearing on toxicity of flame retardant chemicals for
use in upholstered furniture

May 6 Commissioner Mary Sheila Gall/staff & EC: experience in the United
Kingdom in justifying and enforcing regulations on the flammability of
upholstered furniture

Sutton and McCarthy Consultants

October 21 ES & other CPSC staff: various safety issues concerning escalators and
the company's escalator safety products
Suzuki
April 13 Office of Commissioner Thomas H. Moore: all-terrain vehicles

Technology Research Corporation

October 1 ES: demonstration of company's technology of fire protection for
power cords
Toro
September 9 ES: testing of snowthrowers to address hand injuries
May 7 ES: snowthrower injuries

Toy Manufacturers of America (TMA)

October 21 ES: battery-operated toys

C-17


Federal-State Cooperative Program

The Commission is required by Section 29 of the Consumer Product Safety Act to establish
"a program to promote Federal-State cooperation for purposes of carrying out the Act."

Federal, state and local cooperative programs are one key to CPSC's success in reducing
unreasonable risks of injury to consumers. State and local professionals bring the Commission's
programs "alive" when they deliver CPSC information, education and services to the public they
serve at the local level. The public resides in counties, cities and towns served by dedicated state
and local health, consumer and safety professionals. These professionals know the needs of their
communities and know best how to meet their needs. Resources invested in providing information,
contracts and materials to state and local professionals returns many times that amount in consumer
product safety programs delivered to people where they live, work and play.

The Directorate for Field Operations plans, organizes, directs and controls the Commission's
Federal-State Cooperative Program. This program receives overall direction through the Field
Operating Plan which is formulated directly from the Commission's yearly Operating Plan. The
Federal-State plan provides direction to the three Regional Centers which provide operational
day-to-day contact with the states.

State Designees are the Commission's primary liaison with state and local officials. State
Designees are appointed, at the Commission's request, by the Governor of each state. This individual
serves as a liaison for product safety efforts within the state.

State Designees are selected after analyzing each state's structure. Each represents that
department of state government most compatible with the CPSC mission. In most states it is the
Department of Health. In others, it is the Office of the Attorneys General or the Department of
Agriculture or Consumer Protection.

In addition to working with State Designees, CPSC Regional Centers regularly cooperate with
local government officials, as well. Keeping up with Designees in 50 states and territories is
demanding, but working with thousands of local officials is most difficult. To solve this problem,
CPSC always works with State Designees and selectively works with local officials. "Selectively" is
defined as meaning the proper official at the proper place at the proper time.

The Federal State Cooperative Plan consists of four major components:

1. Contracts. Cost effective state and local contracts allow the Commission to accomplish
product safety work in places across our nation that CPSC would not get to. Because CPSC
contracts are usually small, state and local governments often match the Commission's funds with
their own to accomplish the objective.


Date

Firm and Product Alleged Hazard

Remedy

12/97

12/97

12/97

12/97

MTS Products, Inc.
Santa Clarita, GA

Infant carriers, models
12502, 12505 & 2506

Texas Instruments, Inc.
Dallas, TX

Calculator-Based
Laboratory, date codes
1-0497, I-0597, I-0697,
1-0797, 1-0897

Liberty Bell Christmas
Central Islip, NY

Christmas tree lights, item
#'s 10052, 10253, 10057,
and 10050

Masso Expo Corp.
Caguas, PR

Porcelain Holy Family
Lights, item #'s 4221354,
4221362 and 1139906

The plastic carrying
handle may break while
in use allowing the
carrier to fall possibly
injuring the infant.

The battenes can
overheat and spray
chemicals which could
injure consumers! eyes.

The lights present a fire
hazard that can result in
house fires.

Use of the lights presents
fire and shock hazards.

The firm stopped
distribution and
offered consumers a
free replacement unit.

Consumers are to
mail the product
back to Texas
Instruments for a free
repair.

The firm is out of
business and no
longer exists.

The product was not
distributed in
commerce. It was
destroyed under U.S.
Customs supervision.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-25


‘Product groups and specific products are included in each group. These products are defined in the
National Electronic Injury Surveillance System (NEIJSS) Coding Manual (1997), Directorate for Epidemiology
and Health Sciences, U.S. Consumer Product Safety Commission.

1. CHILD NURSERY EQUIPMENT AND SUPPLIES
Baby carriages, walkers and strollers
Cribs, playpens and baby gates
High chairs and youth chairs
Miscellaneous

2. TOYS
Children's sports and hobby equipment
Electric trains, cars and accessories
Projectile or flying toys
Toy chests and boxes
Tricycles (children’s)
‘Wagons and other ride-on toys
Miscellaneous

3. SPORTS AND RECREATIONAL ACTIVITIES AND EQUIPMENT
Amusement rides
Archery
ATVs, mopeds, minibikes, etc.
Barbecue grills, stoves and fuel
Baseball/softball
Basketball
BB guns, BB's and pellets
Beach, picnic and camping equipment
Bicycles and accessories
Billiards or pool
Bowling
Boxing
Cheerleading
Curling
Dancing
Darts
Exercise equipment
Fencing
Fishing
Football
Golf
Gymnastics and equipment
Hockey, all kinds
Horseback riding
Horseshoes
Ice or snow boating
Lacrosse, rugby and miscellaneous ball games
Martial arts
Mountain climbing
Playground equipment
Racquet sports
Shuffleboard
Skateboards

AT


Deaths, Estimates of Injuries and Estimates of Costs of
Injuries From Consumer Products

The Commission, in fulfilling its mission to protect the public against unreasonable risk of
injuries associated with consumer products, collects, reviews and analyzes data on deaths and
estimated injuries associated with such products. Appendix A presents three tables which contain
summary data by totals and by age groups for deaths, estimated injuries and estimated costs uf
injuries associated with products under the jurisdiction of the Commission. These products are
aggregated into 15 product groupings.

While the deaths and injuries in these tables represent product involvement, that
involvement does not necessarily indicate causality.

Table 1: Deaths Associated with the Use of Certain Consumer Products,
October 1, 1996 - September 30, 1997. These data are taken from death certificates the
Commission purchases from the states. Comparisons of Table 1 with previous Annual Report
tables of deaths associated with the use of consumer products ought not to be undertaken since
budgetary restrictions alter the amount and categories of death certificates purchased each year.

Table 2: Estimates of Hospital Emergency Room Treated Injuries Associated with the
Use of Certain Consumer Products, October 1, 1997 - September 30, 1998. This is based on data
collected from a statistically selected group of hospitals as part of the Commission's National
Electronic Injury Surveillance System (NEISS). Comparisons of Table 2 with previous Annual
Report tables of injuries associated with the use of these consumer products must be undertaken
cautiously. The NEISS hospital sample was updated on January 1, 1990, and again on January 1,
1997, to take into account changes that have occurred in the NEISS sampling frame of
emergency departments over time (e.g., including hospital emergency departments opened after
the initial sampling frame was constructed). The sample was also augmented between January 1,
1991, and December 31, 1996, by doubling the number of hospitals sampled in the three largest
strata. In addition, over time, there have been modifications to the definition of in-scope injuries.

Table 3: Estimates of the Costs of Hospital Emergency Room Treated Injuries
Associated with the Use of Certain Consumer Products, October 1, 1997 - September 30, 1998.
This is derived by applying the Commission's Injury Cost Model to the injury estimates of Table
2.

For products where Commission remedial action has been considered, additional data have
been collected and analyzed to develop more detailed estimates. Based on interviews with
victims or witnesses, the Commission identifies causes of accidents, including the interaction
among the person, the product and the environment. Using all the available data, the
Commission staff periodically prepares hazard analysis reports for selected products. To leam
whether an analysis for any particular product is available, or to receive general injury data
teports or more detailed data than are included in this appendix, please write to:

National Injury Information Clearinghouse
U.S. Consumer Product Safety Commission.
Washington, DC 20207-0001

A-3


Date

Firm and Product

Alleged Hazard

Remedy

01/98

01/98

01/98

01/98

01/98

The Sharper Image
San Francisco, CA

Seat heat and massage
pad, model JZ140

W. W. Grainger, Inc.
Chicago, IL

Natural gas space heaters,

models 2E282, 3E466

Central Purchasing Inc.
Camarillo, CA

MicroTorch butane-fueled

torch, Harbor Freight
Tools

York International
Corporation
York, PA

York Diamond 80
Counterflow
mid-efficiency furnace

Hedstrom Corporation
Bedford, PA

Glide Ride, model 36-523

The pad may overheat
presenting a fire hazard.

The catalog statement
about venting and the
risk of carbon monoxide
poisoning is not clear.

The butane may leak
presenting a burn
hazard.

Use of the furnace
presents a fire hazard.

The glider may fail
causing users to fall.

The firm provided a
free replacement to
owners.

The firm sent notices
to owners to remind
them of proper
venting requirements,
which are on product
packaging, labels and
instructions.

The firm offered
owners a refund and
a discount coupon.

The furnace was
upgraded with a wire
retainer clip and a
radiation baffle was
installed in the rear
panel of the furnace
to further insulate.

Consumers should
contact the firm to
receive a free

in-home repair kit.

Certain corrective actions may not nse to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F.29


“Reference Source

. Title 16 CFR
Product Act Type of Regulation Part Number
Fuel HSA exemptions 1500.81(b)
exemptions fom banning 4500.85(a(5)
special packaging 1700.14(a)(7)
Fuel kits with difluorodichloromethane HSA exemption from banning 1500.85(a)(12), (13)
warning label
Furniture, painted with lead- CPSA ban 1303
containing paint
Furniture polish, liquid PPPA special packaging 1700.14(a)(2)
Furniture polish, paste HSA exemption from labeling 1500.83(a)(8)
Garage Door Openers, CPSA requirements for 1211
automatic residential equipment protector
Gasoline HSA exemption from labeling 1500.83(a)(14)
special labeling 1500.14(b)(3)
labeling 1500.14(a)(3)
Glazing compounds HSA exemption from labeling 1500.83(a)(13)
Glue remover containii PPPA special packaging 1700.14(a)(18)
acetonitrile (household)
Hartshorn HSA labeling 1500.129(1)
Heaters (see appliances)
Highly toxic substances HSA definition 1500.3(e)
testing method 1500.40
labeling 1500.121
Household substances HSA definition 1500.3(c)(10)
Hydrochloric acid HSA labeling 1500.129(a)
Hypochlorous acid HSA labeling 1500.129(h)
Ibuprofen PPPA special packaging 1700.14(a)(20)
Imported products & ALL policy 1009.3
importers
Imports HSA various 1500.265-272

H-10


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Mixtures of hazardous substances HSA labeling 1500.5
Mouthwash with ethanol PPPA special packaging 1700.14(a)(22)
Multiple hazard, substances with HSA labeling 1500.127
Naphtha HSA labeling 1500.14(a)(3)
special labeling 1500.14(b)(3)
Naproxen PPPA special packaging 1700.14(a)(25)
Nitric acid HSA labeling 1500.129(c)
Nitroglycerine, prescription, PPPA exemption from special 1700.14(a)(10)(i)
sublingual dosage packaging
Norethindrone acetate tablets PPPA exemption from 1700.14(a)(10)(xviii)
packaging
Oral contraceptives PPPA exemption from special 1700.14(a)(10)(iv)
cyclical packaging
Orris root, powdered HSA labeling 1500.13(b)
Oxalic acid and salts HSA labeling 1500.129(),()
Packages, child-resistant(see
child-resistant packaging)
Packages, sample PPPA submission 1700.14(b)
Paint, lead in HSA ban oy 0.5% (pre- 1500.17(a)(6)
CPSA ban over 0.06% 1303
(1978 and later)
CPSA to be regulated under 11452
the CPSA
Paint solvents PPPA special packaging 1700.14(a)(15)
Painting kits HSA exemption 1500.83(a)(25)
Pancrelipase PPPA exemption from special 1700.14(a)(10){ix)
1g
(11),13),(14),(20)

H-13


‘Reference Source
Title 16 CFR

Product Act Type of Regulation Part Number
Thread, string, twine, etc. HSA exemption from labeling 1500 83(a)(4)
Toluene (toluol) HSA labeling 1500.14(a)(3)
special’ labeling 1500.14(b)(3)(i), (iii)
exemption from labeling 1500.83(a)(8),(9),(11),(13)
Toluene (paint solvents PPPA special packaging 1700.14(a)(15)
Toxic substances HSA definition 1500 3(b)(5),(c)(2)
labeling 1500.121,129
test method 1500.40
Toys
balloons, latex HSA labeling 1500.19
balls, small HSA ban 1500.18(@)(17)
labeling 1500.19
caps and toy guns HSA 1500.18(a)(5)
producing impulse-type sound resting method 1500.47
exemption from banning 1500.85(a)(2)
1500.86(a)(6)
clacker balls HSA ban 1500.18(a)(7)
exemption from banning 1500.85(@)(5)
dolls presenting hazards HSA ban 1500.18(a)(3)
exemption from banning 1500.86(a)(2)
electrically-operated toys and children's article HSA ban 1500.18(b)
requirements 1505
labeling 1505.3
performance 1505.6
games,self-pressurized hollow plastic toys HSA exemption from banning 1500.85(@)(7)
games HSA labeling 1500.19
marbles HSA labeling 1500.19
mineral oil HSA exemption from banning 1500.83(a)(32)
mechanical hazards (various) HSA ban 1500.18(a)
pacifiers HSA ban 1500.18(a)(8)
safety requirements 1511
noisemaking toys HSA 1300s
painted with lead HSA fan, over 0.5% (pre-1978) 1500.17(a)(
CPSA ban, over 0.06%

squeeze CPSA

(1978 & later)

1303
to be regulated under the CPSA

1145.10


Description Proposed Final

Effective
Date

Resource

Proposal to require 03/17/98
child-resistant packaging

for minoxidil preparations

containing more than

14 mg of minoxidil in a

single package

Proposal to exempt 06/12/98
from child-resistant

packaging requirements

for the oral prescription

drug Sucraid

Flammable Fabrics Act

Final Action:

Issuance of policy 08/11/98

to notify
manufacturers,
importers,
distributors, and
retailers of fabric
and garments of
factors that the
Commission
considers in
deciding whether
to seek civil
penalties for
violations of the
Standard for the
Flammability of
Clothing Textiles

08/11/98

63 FR 13019

63 FR 32159

63 FR 42697


State and Local Contracts Program

Cost-effective contracts with state and local agencies for needed services provide a basis upon
which greater cooperation can grow. Because the missions are compatible, state and local
governments usually match CPSC funds with their own money to accomplish the objective. In
addition, state and local contracts allow the Commission to accomplish product safety work in places
across our nation that CPSC would not get to otherwise.

In FY98, the Commission supported the state and local contracts program in the amount of
$170,000 -- for Compliance, Hazard Identification and Reduction, and Consumer Information
activities. In addition to the specific States and State agencies listed below, the Commission entered
into an extensive activity with approximatelty 95 state and local fire departments to collect
information about residential structure fires that the fire department called lighter child play.

States or local agencies that participated in the FY 1998 CPSC contract's program

Mid-Atlantic Service Center

Maryland Pennsylvania
Department of Health & Mental Bucks County Consumer Protection
Hygiene ATV Monitoring

Recall Checks

In-depth Investigations
Voluntary Standards Monitoring

New Jersey

Camden County Consumer Affairs
Recall Checks
In-depth Investigations
ATV Monitoring


Date Firm and Product Alleged Hazard Remedy
03/98 Vanous Manufacturers High-temperature plastic Free replacement
of furnaces, balers and vent pipes used with venting system to be
high-temperature plastic natural gas or propane installed.
vent pipes. fueled boilers and mid-
efficiency furnaces could
crack or separate at the
joints and leack carbon
monoxide.
04/98 Mt. Olive Pickle Toddlers may fall The firm labeled the
Company head-first into reused buckets in accordance
Mt. Olive, NC liquid-filled bucket which — with the ASTM
does not tip-over voluntary standard.
5-gallon buckets resulting in drowning.
containing various pickles
04/98 Honeywell, Inc. Use of the humidifiers Consumers are to call
Minneapolis, MN presents a potential fire the firm for a
hazard. replacement or
Humidifier, models refund.
Duracraft DH-950 and
Honeywell HCW-3040
Moisture Select
04/98 Tang Electric Company Use of the products Products not
Flushing, NY presents electrocution distributed in

Numerous electrical
products

and fire hazards.

commerce. The firm
reconditioned or
destroyed items in
inventory.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-39


CENTRAL REGION (Continued)

Michigan

Ms. Linda Harner

Chief, Unintential Injury Section
Department of Public Health

3423 N. Martin Luther Kirg Je. Blvd.

P.O. Box 3095

Lansing, Michigan 48909
(517) 335-8397

FAX. (517) 335-8395

Minnesota

Mr. Douglas Blanke

Assistant Attomey General
Consumer Protection Division
Attorney General's Office
Suite 1400 - NCL Tower

445 Minnesota Street

St. Paul, Minnesota 55101
(612) 296-2306

FAX: (612) 296-9663

Mississippi

Mr. Willie L. Brown, Jr.

Branch Director

Department of Health

2423 No. State Street

P. O. Box 1700

Jackson, Mississippi 39215-1700
(601) 960-7689

FAX: (601) 354-6120

Missouri

Ms. Cherie Crowe

Director, Office of Injury Control
Department of Health

930 Wildwood Drive

Jefferson City, Missouri 65109
(573) 751-6365

FAX: (573) 526-5967

Nebraska

Mr. Keith Hansen

Coordinator of Injury Control
Programs

Department of Health

301 Centennial Mall South

Lincoln, Nebraska 68509

(402) 471-2101

FAX: (402) 471-0383

North Dakota
Ms. Carol Holzer

Maternal and Child Health

Department of Health and
Consolidated Laboratories

600 E. Boulevard, 2nd Floor

Judicial Wing

Bismarck, North Dakota 58505-0200

(701) 328-2493

FAX: (701) 328-4727


Date Firm and Product Alleged Hazard Remedy
06/98 Safety First Inc. Children can break-off Consumers can call a
Chestnut Hill, MA the toys attached to the toll-free number to
walker which can result obtain free
Baby Bouncing Buggy in scratches, cuts or replacement toy posts
Alternative Walker, model bruises and also present made of a more
no. 45606 a choking hazard. flexible plastic
material.
07/98 Rand International Inc. The fork may be The firm offered
Farmingdale, NY improperly adjusted consumers free repair
which may cause a rider _ of the suspension
Mountain bike suspension to fall from the bike. fork.
fork
07/98 Specialized Bicycle The chain can break The firm offered free
Components Inc. causing the rider to lose replacement chains to
Morgan Hill, CA control of bike and fall. consumers at all 1500
dealers.
Chain on specialized
mountain bike
07/98 Wilderness Trail Bikes The quick release A new improved
Mill Valley, CA skewers can fail and Q/R skewer is
cause the wheel to offered free of charge
Quick release skewers, detach. to bike owners and
model Momentum bikes distributed by dealers.
07/98 Performance, Inc. The pedal may detach The firm offered
Chapel Hill, NC causing the rider to fall. consumers a free
replacement pedal.

‘Campus' Bicycle Pedal

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-51


Alabama

Department of Public Health
Recall Checks

orgia

Office of Consumer Affairs
Recall Checks
ATV Monitoring

Iowa

Department of Public Health
In-depth Investigations
Recall Checks
ATV Monitoring

Kansas

Bureau of Disease Prevention and
Control
In-depth Investigations
Recall Checks
ATV Monitoring

Kentucky

Bureau of Health Services
In-depth Investigations

Central Region

Mississippi

State Board of Health
Recall Checks

North Dakota

State Laboratories
Recall Checks

Qhio

Department of Health
Recall Checks

Wisconsin

Department of Agriculture
In-depth Investigations

Recall Checks
ATV Monitoring


Petition Summary of Disposition as of
Number Petitioner Petition September 30, 1998
Consumer Product Safety «Act
CP 97-1 Scott Anderson/ Requests development of a safety Decision Pending
Diana Anderson standard for escalators
CP 97-2 John S. Morse Requests development of a safety Petition Denied
standard to prevent shopping carts 2/11/98
from tipping over
Federal Hazardous Substances Act
HP 93-1 New York City Requests rule establishing Decision Pending
Dept. of backyard play sets requirements as to 5 requirements
Consumer Affairs requested (Petition
Denied as to 4 of 9
requirements
requested 4/2/96)
Flammable Fabrics Act
FP 93-1 National Association Requests issuance of safety Decision pending
of State Fire standard for upholstered as to cigarette
Marshals furniture ignition part of
petition (other
parts of petition
decided 5/12/94)
Poison Prevention Packaging Act
PP 97-1 Dayton Reardon Requests exemption from PPPA Petition Granted

requirements for oral prescription
drug Sucraid

D4

6/1/98


Date Firm and Product Alleged Hazard Remedy
03/98 Ryobi America A rubber boot may Consumers were
Corporation pressure the on/off instructed to return
Anderson, SC switch causing the sander _ units to authorized
to turn on and run service center where
Detail sander, model unattended presenting a the rubber boot will
Sears Craftsman, DS1000, potential fire hazard. be cut off, thus
315.11639, 315.11600 relieving the pressure
on the switch.
03/98 Etna Products The can opener forms a _‘The firm stopped
New York, NY sharp rim on the can it distribution of the
opens presenting a can opener.
Super Safe Can Opener laceration hazard to
users.
03/98 Dollar Tree Stores, Inc. The leash clip may break The firm recalled the
Norfolk, VA causing eye injury or leash offering a
facial laceration. refund of the
Retractable dog leash, purchase price.
model Happy Jack
03/98 Sunbeam Corporation Use of the grill may All Sunbeam and

Neosho, MO

Gas gnl, model
Grillmaster

result in a fire and an
explosion.

field inventory units
to be retrofitted at
Sunbeam with a
shorter hose.
Consumers will
choose between free
retrofit kits: to
replace the
hose/regulator
assembly or add a
bracket.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-36


43. Strollers

Purpose - To add requirements to the existing voluntary safety standard (ASTM F833-
97) to address incidents involving child car seats that convert to strollers

Highlights - During FY 1998, CPSC staff provided the ASTM F15.17 Subcommittee
with incident reports associated with car seats that convert to strollers. This was reviewed by
the subcommittee at an 8/24/98 meeting.

44. Toy Safety

Purpose - To revise the "Consumer Safety Specification on Toy Safety (ASTM
F963)" for electrically-operated toys to reduce the risk of fire associated with high-current
toys, such as battery-operated ride-on vehicles

Highlights - At an ASTM subcommittee meeting, CPSC staff presented fire incident
data associated with battery-operated ride-on vehicles, and proposed requirements to upgrade
electrical systems in such high-current toys.

45. Trampolines

Purpose - To revise the "Consumer Safety Specification for Components, Assembly
and Use of a Trampoline (ASTM F381)” standard so as to reduce deaths and injuries
associated with trampolines.

Highlights - On 12/11/97 the ASTM F08-17 Subcommittee reviewed comments on a
prior revised standard ballot and began work on a second draft. In 3/98, a proposed standard
was reballoted. CPSC staff commented on the proposed revision and three negative votes
were received on the ballot which closed 4/20/98. At the 5/7/98 Subcommittee meeting,
CPSC staff's proposed changes were accepted by those present. At a 6/30/98 meeting of a
task force for frame padding, a test method for impact attenuation and repeatability of test
results was discussed; round robin testing was approved. In 9/98, a revised standard which
contained many of CPSC staff's proposals was balloted to the Subcommittee.

46. Treadmills

Purpose - To create a new national consensus safety standard for exercise treadmills
to prevent deaths and injuries associated with these products.

Highlights - A draft ASTM safety standard was balloted in 6/98 but failed to pass. A
task group was established to address issues raised in the negative ballots.
E-19


1.

12,

HOME WORKSHOP APPARATUS, TOOLS AND ATTACHMENTS
Automotive accessories and chemicals
Batteries, all types

Battery chargers

Chains

Engines, non-automotive

Hoists, lifts, jacks, etc.

Power home taals (excluding saws)
Power home workshop saws

Welding, soldering, cutting tools
Wires, cords, not specified

Workshop chemicals

Workshop manual tools
Miscellaneous

HOME AND FAMILY MAINTENANCE PRODUCTS
Cleaning agents (excluding soaps)

Cleaning equipment, non-caustics

Drain, oven cleaners and caustics

Paints, solvents and lubricants

Polishes and waxes

Soaps and detergents

Miscellaneous

GENERAL HOUSEHOLD APPLIANCES
Cooking ranges, ovens, etc.

Irons and clothes steamers

Refrigerators and freezers

Washers and dryers

Miscellaneous

SPACE HEATING, COOLING AND VENTILATING EQUIPMENT
Air conditioners

Chimneys and fireplaces

Fans (excluding stove exhaust fans)

Fumaces

Heating stoves and space heaters

Pipes (heating and plumbing)

Radiators

Water heaters

Miscellaneous

HOUSEWARES
Cookware

Drinking glasses

Knives, unpowered
Scissors

Skewers and picks

Small kitchen appliances
Tableware and accessories
Miscellaneous

ASD


Date Firm and Product Alleged Hazard Remedy

10/97 Campbell Hausfeld/ Scott Use of the air The company
Fetzer Company compressors presents an recalled all potentially
Westlake, OH electric shock hazard. defective motors

which were

Electric motor for direct assembled between
drive oilless air August 29, 1997 and
compressor, models September 5, 1997.
T063CXBWA1108 and
T063CXBRA1048

10/97 Trek Bicycle Corporation The bike chain can come The firm replaced all
Waterloo, WI apart causing biker to chains on effected

loose control. bikes free of charge

Bicycle chain, Trek to owners and dealers
models 700, 720, 730, received incentive
800, 820, 930, 950 and and posters for
Fisher models Aquha, display.
Marlin, Wahoo, and
Zebrano

10/97 International Business The front bezel on the Computer monitors

Machines (IBM)
Research Triangle Park,

NC

Computer monitor,
models 2122 and 2124

monitors may loosen,
separating or exposing
internal monitor
components. This
presents a potential shock
hazard.

to be replaced, free
of charge.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-18


Mechanical Hazards

Gate Operators

CPSC worked to revise the UL voluntary standard for gate operators to incorporate
new provisions to address entrapments. Gate operators are devices used to open and close
automatic driveway gates.

Motorized Fun Karts

CPSC participated in the development of two ASTM standards to address the injuries
associated with fun-karts (a type of go-cart). In 1998, ASTM approved safety standards on
guidelines for consumer use and on performance requirements for fun karts.

Chemical Hazards
Camping Heaters

During 1998, based on testing performed by CPSC, requirements for a stringent
voluntary test methodology which will limit carbon monoxide (CO) emissions from portable
camping heaters were approved for adoption in the American National Standards Institute
(ANSI) Standard. CO poisoning can occur when portable camping heaters are used in
enclosed spaces such as tents and campers.

Children's Hazards
Baby Walkers

CPSC worked actively with industry to strengthen the ASTM voluntary safety standard
for baby walkers to address stair falls. More children are injured with baby walkers than with
any other nursery product. Walkers have been involved in 34 deaths since 1973. New walkers
with safety features were available to consumers in 1998. Without the new requirements, baby
walker injuries were projected to have increased to as many as 32,000 emergency room-
treated injuries in the year 2002. With CPSC’s work in getting the new standard in place,
injuries are expected to decrease to fewer than 10,000 per year by 2002.

Furniture
At the urging of CPSC, a new safety standard was developed by ASTM to address

deaths and injuries to young children that occur as a result of dressers and chests of drawers
falling on them. The new standard has a stability requirement for these types of furniture.


47. Washing Machines

Purpose - To revise the "Electric Clothes Washing Machines and Extractors (UL
2157)" voluntary standard to address severe injuries associated with the spin cycle of washing
machines.

Highlights - The current standard allows the manufacturer to either disengage the
drive to the clothes basket should the washing machine lid be raised or incorporate an
interlock which prevents the lid from being raised during the spin cycle. The CPSC staff
proposed removing the option which allows for the disengagement of the motor drive during
the spin cycle. Staff are continuing to monitor injuries associated with the spin cycle of
washing machines.

48. Water Heaters, Gas

Purpose - To revise the ANSI gas water heater safety standard (ANSI Z21.10) to
eliminate or reduce ignition of flammable vapors by residential gas water heaters.

Highlights - During FY 1998, industry made significant progress toward developing a
voluntary standard to eliminate the risk of ignition of flammable vapors. The ANSI Z21
Water Heater Subcommittee adopted two flammable vapor ignition resistance test methods for
public review and comment. Staff anticipated adoption of the final test method in FY 1999.
A number of promising new technologies were emerging, and laboratory testing was
promising. However, at the end of FY 1998, new designs still needed to undergo field testing
to verify safe operation during normal use

49. Window Guards

Purpose - To create new national consensus safety standards for: (1) emergency
egress and (2) non-emergency egress window guards which are intended to prevent children
from falling out of windows.

Highlights - A new draft provisional standard "Fall Prevention Guards for Non-
Emergency Egress Windows (ASTM PS112)" was developed and received one negative vote
when balloted. The ASTM F15.38 Subcommittee found the negative non-persuasive at its
meeting on 9/14/98. It was agreed that the provisional standard and reasons for the non-
persuasive vote would be forwarded to the ASTM Committee on Standards for final ASTM
approval. At the end of FY 1998, the subcommittee had partially drafted a second, new
provisional safety standard dealing with fall prevention guards for emergency egress windows.

E-20


Date Product/ Model Violation Manufacturer/Imp.
03/04/1998 Novelty Lighter Lighter Jacob's Paradise
Darringer Df Child-Resistance Covina, CA 91722
16 CFR 1210.3(a)
03/04/1998 Novelty Lighter Lighter Jacob's Paradise
Minicellphon Child-Resistance Covina, CA 91722
16 CFR 1210.3(a)
03/11/1998 Braided Rug Carpet Flammability Family Dollar Stores
CA-06841 Labeling Charlotte, N. C. 28201-1017
16 CFR 1631
03/12/1998 Two Dolls Small parts Almacenes Riviera, Inc.
16 CFR 1501 Rio Piedras, Puerto Rico
00925
03/19/1998 Cigarette Lighter Lighter Era Intermarketing Co., Inc.
ELITE 2 Child-Resistance City of Industry, CA 91746
16 CFR 1210.3(a)
04/09/1998 Stuffed Animal Small parts Telco Creations
POOH 16 CFR 1501 Hicksville, NY 11801
04/20/1998 Foot Scooter Lead in Children's Dynacraft Industries
8510-27 Product/FHSA Ashland, MA 33270
16 CFR 1500.3
04/21/1998 Rattle Rattle Darice Inc.
NO. 1621-49 16 CFR 1510 Strongsville, OH 44136
04/22/1998 Smiley Face/eye Balls Children's Product Atico International Usa, Inc.
883490 Chemical hazard Fort Lauderdale, FL 33302
16 CFR 1500.18
04/22/1998 Saxophone Toy Small parts Arby's Franchise Association
16 CFR 1501 Atlanta, GA 30305
04/30/1998 Rug Carpet Flammability Lillian Vernon Corporation
282C Labeling New Rochelle, NY 10801
16 CFR 1631

F-7


CPSC Activities

To reduce injuries and deaths associated with the 15,000 types of consumer products
under its jurisdiction, CPSC identifies and analyzes product hazards, helps industry to develop
voluntary safety standards for products, monitors comphance with voluntary standards, issues
and enforces mandatory standards, obtains recalls of dangerous products from the
marketplace, and informs the public of potential product risks.

CPSC carries out its mission chiefly through the following activities: hazard
identification and reduction, enforcement and compliance, field investigations, and public
information programs.

Hazard Identification and Reduction

To identify hazardous products and to design effective strategies that reduce these
hazards and improve consumer safety, CPSC studies and investigates deaths, injuries,
diseases, and economic losses associated with consumer products.

Data Collection: National Electronic Injury Surveillance System

Through the agency's National Electronic Injury Surveillance System (NEISS), a
statistically-selected national sample of hospital emergency rooms, CPSC collects information
on product-related injuries. In 1998, NEISS continued to provide the foundation for much of
the Commission's work, including special studies of injuries associated with fireworks and
skiing.

The NEISS system has been a model for similar systems in Great Britain, Australia
and Japan. The European Community also recently implemented an injury-reporting system
modeled specifically after NEISS.

Studies
All-Terrain Vehicles (ATVs)

In 1998, CPSC completed exposure and injury surveys and a risk analysis on ATVs.
These studies describe the current hazard and usage patterns that were compared to similar
CPSC studies from the late 1980s. The results of these studies indicated that efforts to address
the injuries and deaths to children who ride adult-sized ATVs must continue. Further, the
studies confirmed the need to train inexperienced drivers, and for dealers to sell adult-sized
ATVs only for the use of persons 16 years of age and over.


Date

Firm and Product

Alleged Hazard

Remedy

03/98

03/98

03/98

03/98

03/98

Leco Electric
Manufacturing Company
Dallas, TX

Icicle/Curtain Lights,
model 92100

Hobby Lobby
Oklahoma City, OK

Curtain Lights, model
E126258 J7535

Duron, Inc.
Beltsville, MD

5-gallon paint buckets,
model NAMPAC P.E.

Giant Bicycle Inc.
Rancho Dominquez, CA

Mountain bike frame,
models Warp DS1 and
DS2

Yamaha Motor
Corporation, USA
Cypress, CA

Snowmobile, model 1998
VT500, 600, 700

Use of the lights presents
shock and electrecution
hazards.

Use of the lights presents
shock and electrocution
hazards.

Toddlers may drown 1n
these very stable buckets.

The frame may bend
during use causing the
rider to fall.

The snowmobile may
lose its braking ability
causing the rider to
crash.

The firm recalled the
lights fram

consumers.

The firm recalled the
curtain lights from
consumers.

The firm recalled the
buckets.

The firm offered a
replacement of the
original frames free
of charge, and a $25
credit to dealers for
returned frames.

The firm recalled the
snowmobiles.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-35


Date Product/ Model Violation Manufacturer/Imp.
01/01/1998 Neck/bracelet Set Small parts Mermaid International, INC.
NB2490/2491 16 CFR 1501 NEW YORK, NY 11232
01/01/1998 Neck/bracelet Set Small parts Mermaid International, Inc.
NB2492/2493 16 CFR 1501 New York, NY 11232
01/08/1998 Wee Patsy Travel Set Lead-in-Paint Effanbee Doll Company
V528 Toy/Children's East Brunswick, NJ 08816
Product/CPSA.
16 CFR 1303
01/14/1998 Benzene Solvent Paint/solvent/remover __ Eten Distributors
Bencina Labeling Carolina, PR 00987
16 CFR 1500
01/24/1998 | Wooden Toy Train Small parts Gymboree Corp.
1103-0028 16 CFR 1501 Burlingame, CA 94583
01/27/1998 Ammonia Chemical Other Household Eten Distributors
Ammonia Chemicals Labeling Carolina, PR 00987
16 CFR 1500
01/27/1998 Methyl Salicylate Prep Other Household Eten Distributors
1 FL. OZ. Chemicals Labeling Carolina, PR 00987
16 CFR 1500
01/27/1998 Turpentine Solvent Paint/solvent/remover Eten Distributors
Trementina Labeling Carolina, PR 00987
16 CFR 1500
02/05/1998 Solvent Household Cleaning " Mr. Jaime Sanchez
Aguarras Products Labeling Manati, PR 00674
16 CFR 1500
02/05/1998 Benzene Solvent Household Cleaning Mr. Jaime Sanchez
Bencina Products Labeling Manati, PR 00674
16 CFR 1500
02/10/1998 Sweat Shirt Clothing Flammability Cotton Heavy, Inc.
Utility Failure Culver City, CA 90230
16 CFR 1610


State or Commonwealth

Department

Central Region
Alabama
Georgia

Illinois

Indiana
Towa
Kansas
Kentucky

Michigan

Minnesota
Mississippi
Missouri
Nebraska
North Dakota
Ohio

South Dakota
Tennessee

Wisconsin

Department of Public Health
Office of Consumer Affairs

Department of Public Health
Office of Environmental Health

State Department of Health
State Department of Public Health
Dept. of Health & Environment
Department of Human Services
Center for Environmental Health
Sciences

Department of Health

Attorney General's Office

State Board of Health
Department of Health

State Dept. of Health

State Laboratories Branch
Department of Health
Department of Health
Department of Agriculture

Department of Agriculture
Trade & Consumer Division


Date

Firm and Product Alleged Hazard

Remedy

01/98

01/98

01/98

01/98

01/98

Safety First Inc.
Chestrsat Hill, MA

Cordless rechargeable
nursery monitor, model
49226

Zamperla, Inc.
Parsippany, NJ

Mobile amusement ride,
models Zamperla and
Lolly Swing

Loose Ends

Salem, OR

Portable electric lamp,
model SM-GT

Star Brothers, Inc.
San Juan, PR
Christmas Tree Lights,
item #'s 150 and 201

Famous Beyond, Inc.
Kearney, NJ

Christmas tree lights, item

#'s M8112, M8113, and
M8122

The monitor's batteries

Firm conducted a

may cause:skin.istitation.  .. consumer. level zecal

The ride could topple
while in operation
causing riders to fall.

The lamp presents fire
and electric shock
hazards.

The lights present fire
and shock hazards.

The lights present fire
and shock hazards.

to replace all nursery
monitor batteries.

The firm offered a
free inspection and
repair of all 22 rides.

The lamps were not
distributed in the
U.S.A. Sampled lots
will be destroyed.

The firm recalled the
product.

The entire imported
shipment was

destroyed under U.S.
Customs supervision.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-31


Date Firm and Product Alleged Hazard Remedy
10/97 Heartland Industries Use of the bunk bed may The firm provided
Oklahoma City, OK result in head retrofit kits to
entrapment. consumers.
Wooden bunk bed
10/97 RAMCO Trading Corp. _—_ Use of the lights presents © The product was
Hialeah, FL a fire hazard. exported before
distributed in
Christmas tree lights, commerce.
model Lareaux
10/97 Dell Computer Use of the products The firm provided
Corporation presents potential shock free replacement
Round Rock, TX hazards. adapters and
instructions for the
AC adapters for Latitude safe use of the
LM Notebook computers computer.
and Latitude LM port
replicators
10/97 Cadet Manufacturing Co. Use of the heaters may The firm provided
Vancouver, WA. result in fires. free replacements of
plastic limit switches

Electric in-wall heater,
models FX, FW, LW, and
ZA with plastic limit
switches

with ceramic limit
switches by service
technicians.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-16


State(s) or Commonwealth

Department

Commissioned Officers

Mid-Atlantic Service Center (Continued)

Pennsylvania

Eastern Region

Connecticut

Florida

New Jersey

Bucks County

Department of

Consumer Protection

Department of
Agriculture &
Consumer Services

Office of Consumer
Affairs

Cape May County

Cumberland County

Monmouth County

Passaic County

Steven R. Reilly
A. Courtney Yelle

Joan Jordan
Lois Bryant
Vincent J. Pugliese, Jr.

James R. Kelly
Robert L. Lastinger
Douglas W. Jennings
Steven F. Lux

Diana Fuchs

Anthony J. Brennan
Terry Lawrence Smith
Jeffrey Caccese
Richard A. Zitelli

Edward J. Rodgers
E. Robert Spiegel

Louis G. Moreno, Jr.
William Walters

Dorothy H. Avallone
Jane Jennings

Mary D. Flaherty
Beverly Cohen

Mary Ann Maloney
Barbara Anne Mekita


State(s) or Commonwealth Department Commissioned Officers

Central Region (Continued)

Kansas (Continued) Department of Health Melinda L. Rice
and Environment Bonnie J Howell
Bureau of Foods Gregory D. Willas
and Drugs

Kentucky Department of Human Michael B. Cavanah
Resources

Bureau of Health Services Douglas L. Jackson
Maxine M. Brown

Ohio Department of Public Michael W. Moser
Health Gary L. Matson
Donald E. Miles

Western Region
Arkansas Department of Health William R. Comer

Carla M. Gilbreath
Martha M. Chitwood

Gerald O'Bryan

California Department of Health Bruce R. Hilliard

Services Anthony J. Kwan

Food and Drug Branch

Sacramento

Department of Health Anthony R. Falzone

Services, Food and Drug Branch

Los Angeles

Department of Consumer Terry L. McClellan
Affairs, Sacramento

Bureau of Home Leo D. Virata

Furnishings and Thermal _— Terry D. Lee

Insulation, North Highland David E. Whipple
Byron R. Bluen, Jr.
Richard A. Lasiter


Voluntary Standards Activities

Twenty-one new, revised or reaffirmed voluntary consumer product safety
standards/guides, for which the CPSC staff provided technical support, received final approval
in FY 1998. These completed standards/guides involved the following: baby walkers,
basketball equipment, toddler beds, bicycle helmets, carbon monoxide alarms (detectors), bean
bag chairs, high chairs, portable hook-on chairs, child resistant-packaging, non-full-size cribs,
extension cords, expansion gates and expandable enclosures, fun karts, furniture (tipover),
gate operators, gas systems overpressure protection, home playground equipment, public
playground equipment, and soccer goals. In addition to the above, approval was announced
in FY 1998 of five quality assurance testing standards for child-resistant packaging (actual
approval was predated to 9/10/97).

In total, the staff provided technical support to the development of 50 voluntary safety
standards, each of which is summarized below. Nearly all of these were handled by three
standards development coordinating organizations - the American Society for Testing and
Materials (ASTM), the American National Standards Institute (ANSI), and Underwriters
Laboratories (UL). These standards provide performance safety provisions addressing
potential hazards associated with consumer products found in our homes, schools, and
recreational areas.

Highlights presented below describe each of the 50 consumer product safety standards

under development in FY 1998. The staff continued monitoring conformance to selected
voluntary consumer product safety standards.

E-3


APPENDIX D: Log and Status of Petitions
and Applications


Publications

In response to consumer requests, CPSC distributed about 1 million free publications,
which are in the public domain and can be reproduced without CPSC’s permission. This year,
CPSC produced several new publications:

Guidelines for Addressing Entrapment Hazards Making Pools and Spas Safer, a
safety guide that provides information that will help identify and address potential
entrapment/entanglement hazards in public and private swimming pools and spas. These
guidelines are intended for use by park and recreation personnel, public health organizations,
equipment purchasers and installers, owners, inspection officials, and others who are
responsible for pool and spa safety.

Keep Active. Safe At Any Age, a sports safety brochure for seniors.

Consumer Product Safety Review, published quarterly by CPSC, is a newsletter which
includes in-depth articles on current consumer product safety issues, data from the National
Electronic Injury Surveillance System (NEISS) on consumer product related injuries, news
from the Medical Examiners and Coroners Alert Project and Emergency Physicians Reporting
System (MECAP-EPRS) on consumer product-related deaths, and listings of recent consumer
product recalls.

Media Relations

CPSC's Office of Information and Public Affairs issued more than 170 press releases
during the fiscal year to notify consumers of recalls, announce civil penalties and promote
safety information. In addition, 21 video news releases were broadcast, and CPSC conducted
10 press conferences to promote the recall of products or important safety information. Press
conferences and video news releases included fire safety, holiday toy safety, Recall Roundup,
Graco child carrier recall, Central Omega sprinklers, Black and Decker toaster ovens, and
Kolcraft portable cribs. Video news releases also were broadcast in an effort to promote bike
helmets for children and new, safer designs for baby walkers.

16


Arthur D. Little, Inc. cont'd

July 9 ES. witness demonstration of butane chamber test method

July 21 EXHR & other CPSC staff: the results of Phase I research assessing
variables that may be associated with escalator step-skirt entrapments
and plans for Phase I research

Mann, Alan

School of Biological Sciences & Polymer
Research Centre, University of Surrey,
United Kingdom

May 6 Chairman Ann Brown/staff, the General Counsel, EXHR & EH: for an
evaluation of the hearing on toxicity of flame retardant chemical for use
in upholstered furniture

May 6 Commissioner Mary Sheila Gall/staff & EC: experience in the United
Kingdom in justifying and enforcing regulations on the flammability of
upholstered furniture

Matsushita Manufacturing Companies, Legal Conference

September 10 EXC: speaker about Joint Industry/Government Product Safety
Responsibilities
Mattel, Inc.
March 11 ES. age determinations in general

Mattress and Bedclothes Open Flame Fires Chairman's Roundtable
with outside parties

February 4 Chairman Ann Brown & CPSC staff: mattress and bedclothes open
flame fires

MIJA Industries

September 10 ES & other CPSC staff: data on residential fire extinguishers
Montgomery-KONE
March 26 ES: to observe the Arthur D. Little, Inc. conduct the test protocol they

developed to access the escalator step-skirt entrapment hazard

C-12


Rieke Corporation

November 19 EH: child-resistant packaging
May 12 EH child-resistant packaging

Rochester Institute of Technology
June 30 ES: skiing injuries
RPC Containers Ltd.
May 20 EH: child-resistant packaging
Sleep Products Safety Council
January 23 ES & other CPSC staff: mattress and bedding fires
A. O. Smith Water Heater Company

July 23 ES: to witness testing of proprietary designs of new technology water
heaters resistant to ignition of flammable vapors

Snug-fitting Children's Sleepwear Manufacturers &
Retailers

February 18 EXHR & other CPSC staff. to review staff recommendations for
technical amendments to the sleepwear flammability standards and to
discuss ways of cooperatively getting information to consumers about
the availability of snug-fit sleepwear

Soap and Detergent Association

November 17 ES & other CPSC staff: testing of flame-resistant fabrics

June 1 Executive Director & EXHR: goals and objectives related to the
development of the Globally Harmonized Systems of Classification and
Labeling of Chemicals

Society of the Plastic Industry, Inc.

June 15 ES: plastic enclosures for electrical products
August 13 ES: portable household appliance enclosure

Solutions97-Packaging & Processing Technology Conference

October 15 EH: speaker on child-resistant packaging regulations

C-16


Date Product/ Model Violation Manufacturer/Imp.
10/02/1997 Men's Jacket Clothing Flammability Edison Brothers Stores Inc.
8186 Failure St Louis, MO 63166-6995
16 CFR 1610
10/05/1997 Clock Tambourine Small parts Stk International, Inc.
TC-186 16 CFR 1501 Vernon, CA 90058
10/06/1997 Bed-crib Crib Cut Outs Muebles Torres, Inc.
#105/CANOPY 16 CFR 1508/1509 Toa Alta, Puerto Rico
00953
10/07/1997 | Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB110 16 CFR 1501 New York, NY 10018
10/07/1997 Jointed Teddy Bear Small parts Livingston International, Inc.
16 CFR 1501 Buffalo, NY 14225
10/10/1997 Bean Bag Crab Small parts Nancy Sales Co. Inc.
47482 81174 16 CFR 1501 Chelsea, MA 02150
10/14/1997 Cigarette Lighter Lighter L.a. Lighter Inc.
Child-Resistance S. El Monte, CA 91733
16 CFR 1210.3(a)
11/03/1997 Pajama Bears Small parts Nadel & Sons Toy Corp.
12" and 13" 16 CFR 1501 New York, NY 10010
11/20/1997 __ Easter Spin Tops Lead-in-Paint Oriental Trading Company,
027/295 Toy/Children's Inc.
Product/CPSA Omaha, NE 68137
16 CFR 1303
11/20/1997 Wooden Easter Puzzle Lead-in-Paint Oriental Trading Company,
027/532 Toy/Children's Inc.
Product/CPSA Omaha, NE 68137
16 CFR 1303
12/01/1997 Guess Fleece Jacket Clothing Flammability Guess, Inc.
62136 Failure Los Angeles, CA 90021
16 CFR 1610

F-4


Date

Firm and Product

Alleged Hazard

Remedy

08/98

08/98

08/98

08/98

08/98

Federated Department
Stores
Cincinnatti, OH

All-In-One cooking pan,
model Tools-of-the-Trade

American Honda Motor
Co., Inc.
Torrance, CA

Honda generator, model
EX4500 4500-watt

Hamilton Beach Proctor
Silex, Inc.
Glen Allen, VA

Proctor Silex in-door
electric grill, model 31525

TWS, USA
Upland, CA

All terrain vehicle model
LEM 50 cc
Conros Corporation

Ontario, Canada

Summer Lights Citronella
Torches

The polypropene washer
under the lid's handle
will melt at 200 degrees
fahrenheit.

The engine stop-switch
sensor bracket can cause
a short circuit when the
ignition is in the start
position.

Use of the grill presents
a potential fire hazard.

The ATV is too fast for
the age group intended,
plus other voluntary
standard failures.

The plastic fuel canisters
present a potential fire
hazard.

The firm stopped
sales and offered
consumers a refund
of the purchase price.

Honda will replace
the brackets with a
redesigned bracket at
no charge.

The firm recalled the
grill offering
consumers a refund
of the purchase price.

The firm recalled all
200 units offering
consumers a refund
of the purchase price.

The firm offered
replacement metal
canisters for the
plastic canisters.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-57


to the public. The field staff also works with state and local officials and private organizations
to inform the public about the safe use of consumer products and to obtain compliance with
CPSC laws and regulations.

The Directorate for Administration is responsible for formulating and executing general
administrative policies in the areas of financial management, procurement, Property and space

management, security equipment maintenance, printing, warehousing, mail, duplication, labor
services, and physical security.

J-6

US. GOVERNMENT PRINTING OFFICE. 1999-45 1-559/10259


CPSC found that about 51 percent (almost 1,000) of the products it sampled violated
agency regulations. Working with the U.S Customs Service, CPSC prevented more than 20
million products from entering the U S. These inspections also resulted in 60 recalls mvolving
26 million product units, including cigarette lighters, flammable garments, fireworks and
toys.

Corrective Actions Under Section 15 of the Cunsumer Product Safety Act
and the Federal Hazardous Substances Act

Of the 273 corrective actions in 1998, 213 dealt with product hazards not addressed by
mandatory standards. This resulted in the recall, repair, replacement, refund or prospective
design change to 34 million units of consumer products. These products included children’s
garments, gas grills, bunk beds, electrical appliances, recreational products, electric fans,
infant carriers, lawn and garden tractors and bikes.

Civil Penalties

In addition to the many corrective actions involving various consumer products, CPSC
obtained civil penalty settlements totaling more than $1.4 million in nine separate matters.

These settlements covered CPSC allegations that companies knowingly 1) failed to
properly report defects in products that could create a substantial risk of injury, or that
presented an unreasonable risk of serious injury or death, as required under section 15(b) of
the Consumer Product Safety Act, or 2) violated mandatory safety requirements.

Fast Track Product Recall Program

In 1995, CPSC began a Fast Track Product Recall Program to speed up the recall of
hazardous products. When firms report possible product hazards to CPSC and begin a recall
within 20 working days, the CPSC staff does not make a preliminary determination of hazard.
This program has sped up corrective actions, and most importantly, removed more unsafe
consumer products from the marketplace. In fiscal year 1998, more than 100 firms
participated in the program, resulting in 117 corrective action plans involving more than 16
million product units. In October 1998, the Fast Track Product Recall Program won the
prestigious Innovations in American Government award, an awards program of the Ford
Foundation and Harvard University, administered by Harvard University's John F. Kennedy
School of Government in partnership with the Council of Excellence in Government. The
program previously received a "Hammer" Award from Vice President Al Gore, head of the
President's National Partnership for Reinventing Government.

6}


Date Firm and Product Alleged Hazard Remedy
07/98 Schwinn Bicycle Co. The brakes may over The firm offered
Boulder, CO react causing the cider.to owners free repair-cz
fall. replacement of the
Factory bicycle, model brakes at all dealers.
Homegrown XT and
Factory XT
07/98 Schwinn Bicycle Co. The wheel may come off The firm offered
Boulder, CO due to a missing consumers a free
retention washer causing _retention washer via
Heavy duty bicycle the rider to fall mail and retail
posters.
07/98 Honeywell, Inc. Use of the heaters The firm recalled the
Minneapolis, MN presents a potential fire heaters offering
hazard. consumers a
Electric baseboard heater replacement or a
thermostat, models T4600 refund of the
and CT1650 purchase price.
07/98 Balboa Instruments, Inc. The spacing and The firm will replace

Newport, CA

Control unit for portable
spas and whirlpools,
model Super Duplex

isolation between high
and low voltage circuits
is insufficient. High
voltage current may
jump to low voltage
circuitry, presenting a
shock hazard.

the units that have
insufficient separation
and isolation of the
high and low voltage
circuitry.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
sull chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be hsted.

F-52


Wilkinson, C. Leslie

Bostik, Ltd., United Kingdom

May 6

May 6

ZLAN, Inc.

May 7

Chairman Ann Brown/staff, the General Counsel, EXHR & EH: for an
evaluation of the hearing on toxicity of flame retardant chemicals for
use in upholstered furniture

‘Commissioner Mary Sheila Gall/staff:& EC: experience in the United
Kingdom in justifying and enforcing regulations on the flammability of
upholstered furniture

ES: company's demonstration of their arc fault circuit interrupter

C-20


APPENDICES
Appendix A: Deaths, Injuries, and Cost of Injuries from Consumer Products
Appendix B: Policies, Final Regulations, and Proposed Regulations
Appendix C. Meetings of Substantial Interest
Appendix D: Log and Status of Petitions and Applications
Appendix E. Voluntary Standards Activities
Appendix F: Voluntary Corrective Action Plans and Product Recalls
Subsection A/Regulatory Recalls
Subsection B/Section 15 Recalls
Appendix G: Litigation and Settlements
Appendix H: Index of Products Regulated by CPSC
Appendix I: Federal-State Cooperative Program

Appendix J: Organizational Structure and Functions

A-1

G-1

I-1

Jl


2. Memoranda of Understanding (MOU)-Partnership Agreements. MOUs and partnership
agreements with states extend overall consumer protection through more effective use of collective
resources. Partnering is an arrangement between CPSC and state agencies wherein both parties agree
to share, at no cost, the responsibility for certain product safety activities.

3. Commissioning. Commissioning has the effect of making a state or local employee a
federal officer for the purposes of conducting investigations, inspections, recalls and sample
collections.

State or local officials are qualified for and capable of functioning as an official of the CPSC.
CPSC trains state and local officials to qualify for a commission.

4. States' Information-Sharmg Program. CPSC routinely transmits information on
Commission programs and activities to states in order that Designees, their staff and others may
respond to media inquiries and be kept current on Commission developments.

States share their success stories with CPSC and the Commission, in turn, disseminates this
information to all of the states.

The funded work done by the states is subject to the same quality assurance and is held to the
same high standards as work done by the CPSC field staff. The progress and direction of the state
work is monitored through weekly conference calls, quarterly reports and a final report at the end of
the fiscal year. This enables the Regional Centers to assure that the state contract work is
proceeding in accordance with the Commission's Operating Plan and is of adequate quality to meet
the Commission's needs. The states report on other product safety work, not funded by CPSC, by
providing highlights and summaries to CPSC field offices for input into their required program
reports.


Reference Source
Title 16 CFR

Product Act Type of Regulation Part Number
Industrial supplies HSA exemption 1500.3(c)(10)(i)
Infant cushions HSA ban 1500. 18(a)(16)
Ink, cartridges HSA exemption from labeling 1500.83(a) 338)
dry concentrate containers HSA exemption from labeling 1500.83(a)(1:
Ink-marking devices HSA exemption 1500. Bae)
Insulation, cellulose CPSA standard 1209
Tron preparations PPPA special packaging 1700.14(a)(12),(13)
Irritant substances HSA definition 1500.3(g)
testing method 1500.41
Isobutane in cigarette lighters HSA exemption from labeling 1500.83(@)(29)
Isosorbide dinitrate, PE. PPPA aoa from special 1700.14{a)(10)Gi)
scription sublingua!
chewable forms
Ketoprofen PPPA special packaging 1700.14(a)(26)
Kerosene HSA labeling 1500.14(ayX(4
special labeling 1500.14 (b'
exemption from labeling 1500.83(a)(14)
special packaging 1700.14(a)(7)
Kindling and illuminating preparations PPPA special packaging 1700.14(a)(7)
Kites, aluminized polyester film HSA ban 1500.18(c)(1)
Labels HSA requirements 1500.121
condensation 1500.123
informal comment on 1500.128
exemption from labeling 1500.83(a)(5)
Laboratory chemicals, if HSA exemption from banning 1500.85(a)(4)
Lecques HSA cd ek labeli 1300-83633)
juers exemption from labeling '00.83(a)
Lawn darts . HSA fan 1500-18033)
Lawnmowers i CPA perk 1208
ay wer AL formance
po ~ labeling rule, and
certification rule

H-11


30. National Fuel Gas Code

Purpose - To revise the National Fuel Gas Code (ANSI Z223 1/NFPA 54) to improve
consumer product safety.

Highlights -.In FY 1998, the NFPA 54 Committee met to consider changes to the
National Fuel Gas Code. CPSC staff monitored proposed changes to the code: (1) to ensure
that safety-related provisions were not weakened, and (2) to support safety-related
recommendations from other entities.

31. Plastic Applications in Electrical Products

Purpose - To review current voluntary standards used to evaluate polymeric (plastic)
materials when used in electrical equipment. These standards include the UL 94 standard and
the UL 746 series. Instances of misapplication of insulating and enclosure materials have
been documented in CPSC product defect cases and serve as a basis for this activity.

Highlights - CPSC staff conducted tests to determine the flammability of plastics used
in several appliances and determined that the current standards are not adequate. The results
were published in a study report. CPSC staff participated in the UL Plastics Flammability Ad
Hoc Committee and, at the end of FY 1998, planned to attended a UL meeting in 10/98 at
which UL was scheduled to propose changes to the "Polymetric Materials - Use in Electrical
Equipment Evaluations (UL 746C)" standard which address the majority of CPSC staff's
concems.

32. Playground Equipment (<2 Years Old)

Purpose - To develop a new ASTM safety standard for playground equipment
intended for children from 6 months to 2 years of age. Typically, such equipment may be
found in child care facilities.

Highlights - The first meeting of a new subcommittee (ASTM F15.44) was held in
3/97 and the subcommittee held six subsequent meetings by the end of FY 1998. Working
groups were established to develop recommendations for definitions, surfacing, equipment
layout, falls and performance requirements. The subcommittee is attempting to develop
recommendations for specific pieces of play equipment that will be based on young children’s
abilities rather than age.

E-15


Skating, all kinds

Snowmobiles

Snow skiing and snow boarding
Soccer

Swimming activity, pools and equipment
Toboggans, sleds, snow discs, etc
Track and field

Trampolines

Unicycles

Volleyball

Water skiing, tubing and surfing
Wrestling

Miscellaneous

HOME COMMUNICATION, ENTERTAINMENT AND HOBBY EQUIPMENT
Sound recording and reproducing equipment

Television sets and stands

Miscellaneous

PERSONAL USE ITEMS

Clothing, all

Coins

Desk supplies

Drug and cosmetic poisonings and chemical bums to children under age 5
Grooming devices

Holders for personal tems

Infrared lamps and saunas

Jewelry, watches, keys and key chains
Massage devices

Protection devices (eyes, ears, etc.)
Razors, shavers and razor blades
Miscellaneous

PACKAGING AND CONTAINERS FOR HOUSEHOLD PRODUCTS
Cans and other containers

Glass bottles and jars

Paper, cardboard and plastic products

YARD AND GARDEN EQUIPMENT
Chain saws

Hand garden tools

Hatchets and axes

Lawn and garden care equipment

Lawn mowers, all types

Other power lawn equipment

Outdoor electric lighting equipment
Pumps

Trimmers and smal! power garden tools

A-8


23. Heaters, Vented Gas

Purpose - To monitor incident data and voluntary standards activities associated with
vented gas heaters.

Highlights - In FY 1998, CPSC staff began evaluating the appropriateness of
allowable surface temperatures on vented gas fireplace heaters and simular gas appliances in
response to a proposal to approve an allowable surface temperature for vented gas fireplace
heaters higher than that for similar gas appliances.

24. Infant Bedding and Related Accessories

Purpose - To (1) develop a new ASTM national consensus safety standard to address
entanglement/strangulation on strings, ribbons and threads of infant bedding products and
related accessories and (2) to create warning labels addressing suffocation or strangulation on
certain infant soft goods.

Highlights - Two negative votes requesting a prohibition of crib pillows were cast in a
F15 Committee ballot that closed on 8/6/98. The negatives were ruled non-persuasive at an
8/27/98 subcommittee meeting In response to several comments received in the ballot,
changes were made to the standard. After incorporating the changes, the standard will be
reballoted.

25. Infant Carriers

Purpose ~ To develop a voluntary safety standard for infant carriers to address deaths
and injuries.

Highlights - CPSC staff attended an ASTM organizational meeting on 11/4/97. The
subcommittee decided to first focus on hard plastic carriers and agreed to include car
seat/carriers in the scope of the standard.

During an 8/98 meeting, the subcommittee members discussed a handle endurance test,
a skid resistance test and a stability test. Warning labels were also proposed.

26. Lamps & Lighting

Purpose - To improve the safety provisions of the existing voluntary safety standard
for portable lamps (UL 153) based on hazard data accumulated by CPSC staff.

E-13


Date Firm and Product Alleged Hazard Remedy
09/98 Krause, Inc. The ladders may collapse © The firm offered
Roscoe, IL causing the users to fall. replacements or
refunds of the
Krause articulating purchase price.

ladders, produced
12/97-5/98, models 12"
MultiMatic (#121482), 16°
MultiMatic (#121499), 12"
TriMatc (#121321), (UL
AC Nos. 7404-7488,
7494, 7495)

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-61


4. Camping Equipment

Purpose - To develop carbon monoxide (CO) emission requirements for the ANSI
camping heater standard (ANSI Z21.63) in order to eliminate or reduce the risk of CO
poisoning from camping heaters.

Highlights ~ Prio: to the reporting period, CPSC staff tested a number of camping
heaters and demonstrated that under certain conditions hazardous levels of CO can be
produced. CPSC staff met with the camping equipment industry to discuss the test results
and made recommendations regarding CO emissions to the ANSI Camping Equipment
Subcommittee (Z21.63). During FY 1998, the Subcommittee adopted CPSC's
recommendations for public review and comment At the end of FY 1998, CPSC staff
expected final Subcommittee adoption of the proposals in early FY 1999.

5. Candles

Purpose - To develop a new ASTM voluntary standard addressing fire hazards
associated with candles and candle accessories

Highlights - Prior to the reporting period, an organizational meeting was held on
8/27/97 and task groups on terminology and data evaluation were formed. At a 9/26/97
meeting, a task group was appointed to develop a label standard/guideline. A ballot was
subsequently issued covering terminology. The Terminology Task Group discussed the ballot
results during its 4/17/98 meeting, noting negative responses. The Labeling Task Group
presented draft labeling language for which there was general agreement. CPSC staff urged
the appointment of another task group to begin the development of a performance test
standard. At the end of FY 1998, CPSC staff planned to participate in the next subcommittee
meeting scheduled for 1/8/99. Establishment of a task group on performance requirements is
on the agenda.

6. Carbon Monoxide (CO) Alarms (Detectors)

Purpose - To: (1) revise the UL 2034 carbon monoxide alarm (detector) safety
standard, (2) obtain national consensus on the UL standard through the ANSI national
consensus process, (3) develop a National Fire Protection Association (NFPA) "Recommended
Practice" for the installation of CO alarms, and (4) advocate that model building code
organizations adopt CPSC staff proposals to install CO alarms in all new homes.

E-6


CPSC also maintains an electromc mail (e-mail) address, info@cpse.gov, for receiving
inquiries about recalls and other product safety related topics, requests for information, and
reports about product hazards. Approximately 2,700 e-mail messages were handled in 1998.
CPSC responds to e-mail messages within four business hours of receipt.

The public also can use the Internet to subscribe to CPSC's free listserver, which
automatically distributes news releases, the public calendar, and other important CPSC
information to subscribers by e-mail.

Clearinghouse

The National Injury Information Clearinghouse maintains and disseminates reports of
accident investigations, product-related incidents, death certificates and newspaper reports.
Injury data summaries and statistics from electronic data sources, and publications including
hazard analyses and special studies, also are available to respond to more than 5,000 requests
annually from the American public. In addition, each year the Clearinghouse forwards
approximately 6,000 copies of reported incidents and investigations to manufacturers whose
products are named in the reports.

18


APPENDIX C: Meetings of Substantial Interest


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Carbolic acid (phenol) HSA labeling 1500.129(d)
Carbon tetrachloride HSA ban 1500.17(a)(2)
Carpets and rugs (large) FFA standard (FF 1-70) 1630
Carpets and rugs (small) FFA standard (FF 2-70) 1631
Caustic poisons HSA labeling 1500.129
potash HSA labeling 1500.129
PPPA special packaging 1700.14(a)(5)
soda HSA labeling 1500.29(j)
PPPA special packaging 1700.14(@)(5)
Cellulose sponges HSA exemption from labeling 1500.83(a)(15)
Cellulose insulation CPSA standard 1209
CPSA labeling 1404
Charcoal briquettes HSA classification as 1500.12(@)(1)
hazardous
special labeling 1500.14(6)(6)
Chemistry sets HSA exemption from labeling 1550.83(a)(23)
exemption from banning 1500.85(a)(1)
Chiid-resistant packaging PPPA criteria and substances 1700
(see special packaging) subject
Chlorofluorocarbons, self CPSA labeling requirement 1401
pressurized products containing
Cholestyramine, anhydrous PPPA exemption from special 1700.14(A)(10)(v)
packaging
Cigarette lighters HSA exemption from labeling 1500.83(a)(29)
exemption from labeling 1500.83(a)(20)
CPSA standard 1210
Clacker balls HSA requirements 1500.18(a)(7)
1500.86(a)(5)
Cleaning products HSA exemption from labeling 1500.83(a)(11)

Clothing (see wearing apparel, sleepwear)

Coal burning appliances (see appliances)


Log and Status of Petitions and Applications

The Consumer Product Safety Amendments of 1981 repealed former section 10 of the Consumer
Product Safety Act (CPSA) That section provided that any person could petition the Commission to
issue, amend or revoke a consumer product safety Tule, and required the Commission to grant or deny
the petition within 120 days

The Administrative Procedure Act (APA) requires each agency to give interested persons the right
to petition for the issuance, amendment, or repeal of a rule. Therefore, notwithstanding the revocation
of former section 10 of the CPSA, the Commission continues to receive and act on petitions for
rulemaking under the CPSA and the other statutes which the Commission administers:

The Federal Hazardous Substances Act (FHSA);
The Flammable Fabrics Act (FFA);

The Poison Prevention Packaging Act (PPPA), and
The Refrigerator Safety Act (RSA).

Although the Commission is no longer required to act on petitions for consumer product safety
tules within 120 days, the Commission addresses all petitions as responsively and expeditiously as

possible.

The status of each petition under consideration during Fiscal Year 1998 is listed in this appendix
using the following terminology:

Granted - The Commission has decided to initiate a rulemaking proceeding,

Denied - The Commission has decided not to initiate a rulemaking proceeding.
Decision - Commission review and analysis of the petition is incomplete at this time.
Pending


TABLE 1

Deaths Associated With the Use of Certain Consumer Products
October 1, 1996 - September 30, 1997

Source: CPSC Desth Certificate Project

Note: Product association is defined as any involvement of the product with these deaths and
does not necessarily imply causality.

The data in this table cannot be used in trend analysis with the data from previous years; due
to budgetary restrictions, differing numbers of death certificates may have been purchased in
each time period.

Death certificates are made available to CPSC through contracts with each individual state.
The time required for collection and processing varies by state, but the majority of death
certificates are received within two years of the date of death. For fiscal year 1997, data have
not been received for Delaware, Maine and New York, and data are incomplete for Alaska,
Connecticut, the District of Columbia, Georgia, Massachusetts, North Carolina, New Jersey,
Nevada, Rhode Island, Washington and Wyoming.

AGE GROUP*
65 And
Product Group’ Total Under 5 5-24 25-64 Over
I. Child Nursery Equipment and
Supplies 50 49 1 0 0
2. Toys 16 7 3 2 4
3. Sports and Recreational Activities and
Equipment 1,048 198 320 401 19
4 Home Communication, Entertainment
and Hobby Equipment 19 1 6 11 1
5. Personal Use Items 207 25 24 63 96
6. Packaging and Containers for
Household Products 69 11 1S 33 11
7. Yard and Garden Equipment 306 9 23 141 133
8. Home Workshop Apparatus, Tools and
Attachments 90 2 32 53 3
9. Home and Family Maintenance
Products 45 13 16 13 3
10. General Household Appliances 41 3 7 13 18
11. Space Heating, Cooling and
Ventilating Appliances 125 5 15 val 34
12, Housewares 21 4 3 7 34
13. Home Furnishings and Fixtures 841 272 83 272 245
14, Home Structures and Construction
Materials 419 36 34 142 207
15. Miscellaneous 72 4 23 34 OT

A-4


Date

Firm and Product

Alleged Hazard

Remedy

09/98

09/98

09/98

09/98

Deere & Company
Moline, IL

Lawn tractors with
Freedom 42 Mower
Decks, models LT 155,
LT166

Yamaha Motor
Corporation, USA
Cypress, CA

Snowmobile, 1997-98
model years VX500, 600,
700; VT500,600;
MM600,700; SRX 600,
700; MSRX, 700

Tara Toy Corporation
Hauppauge, NY

Flying Warriors dolls

Woodstock International
Bellingham, WA

Cutterhead for power
shaping equipment,
Woodstock models D1700
& D1701, Grizzly models
G2320 & G2606

Blade bolt could loosen,
allewing blade to exit
below the mower deck
striking a bystander.

The snowmobile may
lose the ability to be
steered causing the rider
to crash.

While in use, the doll's
wings may detach
resulting in serious eye
injuries.

The cutterhead may
fracture and separate
from the equipment
expelling the shaping
knives and cutterhead
fragments.

The firm added a
locking bolt for.each
spindle, and
re-torqued the blade
bolt.

The firm replaced
the original ski
columns with
reengineered
columns.

Consumers are to

return the dolls to

their retailers for a
full refund.

The manufacturer of
the cutterhead has
been changed and
the new cutterheads
will be made to
specifications.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F59


Date

Firm and Product

Alleged Hazard

Remedy

10/97

10/97

10/97

10/97

10/97

10/97

BJ's Wholesale Club, Inc.

Natick , MA
Envirotech electric fan
Ace Hardware
Corporation

Oak Brook , IL
Envirotech electric fan
Marc Glassman, Inc.
Cleveland , OH
Envirotech electric fan
HomeBase

Natick , MA
Envirotech electric fan
Supply One, Inc.
Reno , NV

Envirotech electric fan

Rose's Stores, Inc.
Henderson , NC

Envirotech electric fan

The fan presents a fire
or shock hazard.

The fan presents a fire
or shock hazard.

The fan presents a fire
or shock hazard.

The fan presents a fire
or shock hazard.

The fan presents a fire
or shock hazard.

The fan presents a fire
or shock hazard.

Consumers are to
return the recalled
fan for a full refund.

Consumers are to
return the recalled
fan for a full refund.

Consumers are to
retum the recalled
fan for a full refund.

Consumers are to
return the recalled
fan for a full refund.

Consumers are to
return the recalled
fan for a full refund.

Consumers are to
return the recalled
fan for a full refund.

Certain corrective actions may not rise to the level ofa substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-14


APPENDIX I: Federal-State Cooperative
Program


Ciba Specialty Chemicals
October 9

January 21

ES, LS, EXC & other CPSC staff Ciba's flammability tests of flame
resistant fabrics

ES & other CPSC staff: results of Ciba's flammability tests of
Pyrovatex-treated flame resistant fabrics

Consultant Information Systems

October 21

ES & other CPSC staff: various safety issues concerning escalators and
the company's escalator safety products

Council for Amusement and Recreational Equipment Safety (CARES)

October 15-16

EXC & ES: amusement ride safety and sharing of accident data with
state designee

Cold Regions Research Laboratory (CRREL)

September 9
John Deere Company
May 19
DSL Technologies, Inc.

October 22

ES: testing of snowthrowers to address hand injuries

ES: snowthrower safety

ES & other CPSC staff: a gas appliance burner design

Eagle Electric Manufacturing Company, Inc.

June 2
Fandey, Joseph Z.

November 25
Field Controls, Inc.

April 24

ES. ground fault circuit interrupters

ES: ongoing Commission projects

ES: use of the firm's product to vent gas appliances

Fire Retardant Chemicals Associations (FRCA)

March 23-24

EC: conference on Fire Safety and Technology

c-9


Date Product/ Model Violation Manufacturer/Imp.
06/30/1998 Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB113 16 CFR 1501 New York, NY 10018
06/30/1998 Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB114 16 CFR 1501 New York, NY 10018
06/30/1998 Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB118 16 CFR 1501 New York, NY 10018
06/30/1998 | Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB136 16 CFR 1501 New York, NY 10018
06/30/1998 Neck/bracelet Set Small parts Almar Sales Co. Inc.
NB104 16 CFR 1501 New York, NY 10018
07/01/1998 Glow Lite Lamp Oil _—Kindling/illuminating Glow Lite Products, Inc.
16 OZ. Size Packaging Sun Valley, CA 91352
16 CFR 1700.14(a)(7)
07/01/1998 Glow Lite Lamp Oil Kindling/illuminating Glow Lite Products, Inc.
4 OZ. Size. Packaging Sun Valley, CA 91352
16 CFR 1700.14(a)(7)
07/01/1998 Cigarette Lighter Lighter Benchi Usa Int'l, Inc.
15-888 Child-Resistance Alhambra, CA 91801
16 CFR 1210.3(a)
07/24/1998 Jet Fighter Small parts In-mar Trading, Inc.
USAF-28***DL 16 CFR 1501 Dorado, Puerto Rico 00950
07/24/1998 | Squeeze Toy (Bear) Small parts In-mar Trading, Inc.
828-6 16 CFR 1501 Dorado, Puerto Rico 00950
07/24/1998 | Squeeze Toy (Mouse) Small parts In-mar Trading, Inc.
828-6 16 CFR 1501 Dorado, Puerto Rico 00950
07/24/1998 Squeeze Toy Small parts In-mar Trading, Inc.
(Penguin) 16 CFR 1501 Dorado, Puerto Rico 00950
828-6


Eastern Region

Connecticut

Department of Consumer Protection
Recall Checks
In-depth Investigations
ATV Monitoring

Florida

Department of Agriculture
Recall Checks
In-depth Investigations
ATV Monitoring

New Jersey

Division of Consumer Affairs
Recall Checks
In-depth Investigations
ATV Monitoring

Monmouth County Consumer Affairs
Recall Checks

Passaic County Consumer Affairs
Recall Checks

Cumberland County Consumer Affairs
Recall Checks

Mercer County Consumer Affairs
Recall Checks

Union County Consumer Affairs
Recall Checks

Somerset County Consumer Affairs
Recall Checks

Cape May County Consumer Affairs
Recall Checks

New York

Consumer Protection Board
ATV Monitoring

Puerto Rico
Department of Consumer Affairs

In-depth Investigations
Recall Checks

Vermont
Department of Health
Recall Checks
ATV Monitoring
Virgin Islands
Department of Licensing and

Consumer Affairs
Recall Checks


Description of CPSC FY 1998 Voluntary Standards Activities

1. All-Terrain Vehicles

Purpose ~ To revise the ANSI "Standard for Four-Wheel All-Terrain Vebioles
(ANSI/SVIA 1-1990)."

Highlights - CPSC staff conducted a detailed review of the ANSI standard and
identified safety provisions for revision.

2. Baby Swings
Purpose - To develop a new voluntary safety standard for baby swings

Highlights - CPSC staff attended an ASTM organizational meeting on 11/4/97.
During an 8/98 ASTM subcommittee meeting, the subcommittee discussed types of structural
failures such as fasteners backing out and leg supports failing. The subcommittee chairman
drafted a standard for the subcommittee to evaluate. The draft standard included performance
requirements for static loads, stability, unintentional folding, restraints, battery compartments
and labels The subcommittee chairman directed the manufacturers to evaluate the draft
standard before the next meeting scheduled for FY 1999.

3. Bicycle and Recreational Helmets

Purpose - To support the development of: (1) revisions to existing performance
standards for headgear used in recreational activities such as bicycling (ASTM F1447) and
skateboarding (ASTM F1492), (2) revisions in headgear testing methods (ASTM F1446), and
(3) new ASTM standards for headgear for recreational activities such as recreational skiing,
and downhill mountain bicycling.

Highlights - A revised "Standard Specification for Protective Headgear Use in
Bicycling (ASTM F1447-98)" was approved on 2/10/98. Further revisions to the ASTM
F1447 standard, which harmonize requirements with the CPSC mandatory bicycle helmet
standard, were balloted by the subcommittee. Revisions to clarify technical provisions in
"Specification for Protective Headgear Used in Skateboarding (ASTM F1492)," were balloted
by the Main Committee in 9/98. Revisions to draft proposed headgear standards for downhill
mountain bicycling and recreational skiing were completed and balloted by the Main
Committee as proposed new standards in 9/98.

E-5


Date Product/ Model Violation Manufacturer/Imp.
07/24/1998 Squeeze Toy (Rabbit) Small parts In-mar Trading, Inc.
828-6 16 CFR 1501 Dorado, Puerto Rico 00950
07/24/1998 Squeeze Toy (Tiger) Smalli parts In-mar Trading, Inc.
828-6 16 CFR 1501 Dorado, Puerto Rico 00950
07/24/1998 | Squeeze Toy (Gopher) Small parts In-mar Trading, Inc.
828-6 16 CFR 1501 Dorado, Puerto Rico 00950
08/06/1998 Cigarette Lighter Lighter Ehzabeth Imp Exp Co.
DS247 Child-Resistance Los Angeles, CA 90042
16 CFR 1210.3(a)
09/03/1998 Children's Furniture Lead-in-Paint Pj Toys
Circuc/princ Non-Toy/Children's New York, NY 10001
Product
16 CFR 1303
09/04/1998 Train Small parts Al-dan Trading, Inc.
D31-31007 16 CFR 1501 Miami, FL 33014
09/04/1998 Truck Small parts Al-dan Trading, Inc.
D31-31017 16 CFR 1501 Miami, FL 33014
09/04/1998 Airplane Small parts Al-dan Trading, Inc.
D31-31013 16 CFR 1501 Miami, FL 33014
09/04/1998 Motorcycle Small parts Al-dan Trading, Inc.
D31-31012 16 CFR 1501 Miami, FL 33014
09/04/1998 Airplane W/"2" Wing Small parts Al-dan Trading, Inc.
D31-31013 16 CFR 1501 Miami, FL 33014
09/04/1998 AIRPLANE W/ "3" Smail parts Al-dan Trading, Inc.
WING 16 CFR 1501 Miami, FL 33014
D31-31013
09/04/1998 Airplane W/'"4" Wing Small parts Al-dan Trading, Inc.
D31-31013 16 CFR 1501 Miami, FL 33014

F-10


Date

Firm and Product Alleged Hazard

Remedy

05/98

05/98

05/98

05/98

Rite Aid Corporation
Camp Hill, PA

Multi-purpose butane gas
lighter, #GA00102

Amscan Inc.
Elmsford, NY

Ceramic candle holders

S. C. Johnson & Son
Racine, WI

Glade Gel Candle, single
unit; Raspberry Field,
Tropical Mist & Freesia
Bouquet

Educational Insights
Carson, CA

Small table top aquarium
Amazing Live Sea
Monkeys, Explore-A-Toy

The ignition system may
malfunction presenting a
fire hazard.

The ceramic holder may

break causing hot wax to

escape which can result
in thermal burns and

property damage.

The flames may reach
excessive heights which
presents a potential fire
hazard.

Children have access to
the product's batteries
which present a choking
hazard.

The firm
implemented a
consumer level recall.

The firm
implemented a
consumer level recall.

The firm
discontinued the
product and
implemented a
consumer level recall.

The firm added a
screw to the battery
compartment on
future production so
that the batteries are
only accessible
through the use of a
coin, screwdriver or
other tool.

Certain corrective actions may not mise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F45


CENTRAL REGION (Continued)

Qhio

Mr. Michael Moser

Health Risk Reduction
Department of Health

246 North High Street
Eighth Floor

Columbus, Ohio 43266-0588
(614) 644-8655

FAX: (614) 644-7740

South Dakota

Ms. Doneen Hollingsworth
Secretary of Health

523 E. Capitol Avenue

Pierre, South Dakota 57501-3182
(605) 773-3361

FAX; (605)-773-5904

Tennessee

Mr. Jimmy Hopper

Director, Quality & Standards
Division

Department of Agriculture

Hogan Road - P. O. Box 40627

Melrose Station

Ellington Agriculture Center

Nashville, Tennessee 37204

(615) 360-0150

FAX: (615) 360-0335

I-25

Wisconsin

Ms. Merry Fran Tryon

Director, Department of
Agriculture, Trade and Consumer
Protection - P.O. Box"8911

2811 Agriculture Drive

Madison, Wisconsin 53704-6777
(608) 224-4921

FAX: (608) 224-4939


Date Firm and Product Alleged Hazard Remedy
06/98 Weil-McLain Co., Inc. The boilers can produce  Weil-McLain will
Michigan Gity, IN high CO levels which is —_oredst installers $50
hazardous if exhaust to check for proper
Weil-McLain GV boilers _ leaks. gas pressure setting
(with White-Rodgers and to adjust if
#36C98-303 gas control necessary.
valves with date codes Weil-McLain
9621-9723, and all GV changed gas valves
boilers installed above 8/97.
7,000 feet elevation).
06/98 Okura Hardward & The products present The firm recalled the
Lumber, Inc. shock and electrocution products.
Miami, FL hazards.
Ext. cords/surge
protectors/soldering
irons,Okura/Nippon
America,Item #'s
73034,5,6,7; 67361,2,3;
14-515; 74B30; 74B55
06/98 Okura Hardward & The product presents fire The firm recalled the
Lumber, Inc. and shock hazards. product.
Miami, FL

Surge protector, item
#14515

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F48


APPENDIX B: Policies, Final Regulations,
and Proposed Regulations


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Astist's paints CPSA exemption from lead 1303.3(c)(2)
mat
Asbestos-containing patching CPSA ban 1304
compounds CPSA to be regulated 1145.4
under the CPSA
Asbestos-containing garments HSA ban 1500.17(a)(7)
for general use
Asbestos-containing artificial CPSA ban 1305
emberizing materials CPSA to be regulated under 1145.5
the CPSA
Aspirin products PPPA special packaging 1700.14(@)(1)
effervescent tablet 1700.14(a)Q)@)
exemption
unflavored powders 1700.14(@)(1i)
exemption
Baby bouncers and walkers HSA standard and ban 1500.18(a)(6)
exemption from banning 1500.86(a)(4)
Balloons, plastic mixtures HSA exemption from banning 1500.85(a)(4)
Bassinet legs CPSA to be regulated under 1145.15
the CPSA
Batteries, storage, wet-cell PPPA exemption from special 1700.14(a)(9)
packaging
Benzene (benzol) HSA special labeling 1500.14)(3))
Benzene (paint solvents) PPPA special packaging 1700.14(a)(15)
Bergamot oil HSA labeling 1500.13(e)
Betamethasone PPPA exemption from special
packaging
Bicycles HSA ban 1500.18(a)(12)
safety requirements 1512
Bicycle helmets CPSA safety requirements 1203
Biological specimens, preserved HSA exemption from ban 1500.85(a)(4)
Blasting caps HSA exemption from labeling 1500.83(a)(35.
Butane in cigarette lighters HSA exemption from labeling 1500.83(a)(29.


Federal-State-Local Cooperative Program

Commissioning Program

Section 29(a)(2) of the Consumer Product Safety Act provides the Commission
-auherity to commission state and local officers foroondusting any of three activities en
behalf of the CPSC: investigations, inspections, and sample collections.

In furtherance of the Congressional mandate to establish a program to promote Federal
and state cooperation, the Commission assists in training state and local officials to qualify
for a commission. After commissioning, those officials are knowledgeable in CPSC
procedures for inspections, investigations, sample collection, and preparation and submission.

of reports.

Currently, 161 officials in 21 states, Puerto Rico, The Virgin Islands, and Guam are

commissioned by the CPSC.

State(s) or Commonwealth

Department

Commissioned Officers

Mid-Atlantic Service Center

Delaware

Maryland

New Jersey

Board of Pharmacy

Department of Health &
Mental Hygiene

Office of Food
Protection & Consumer
Health Services

Division of Drug Control

Consumer Affairs
Camden County

Dale W. Magee
James L. Kaminski
Calvin M. Campbell
William H. Knotts
Robert S. Jameson
David W. Dryden
Sandra S. Robinson

Pamela J. Engle

David Roberts

Bruce Wilhelm

Patricia A. Schweninger
Linda Leichliter

Tara L. Funk

Robert Chang

Jack H. Freedman
Peter Frederick Smith
Yukie Nomoto

Thomas J. DiNunzio
James L. Wickner
Patricia Tuck-Davis


Plastic Materials Used in Portable Electric Appliances

A CPSC study of the flammability of portable electric appliance enclosures was
completed in 1998. The study tested plastic materials from products purchased in the market
place which were similar to products identified 1n actual fire incidents Proposals to upgrade
these materials to help prevent future fires were submitted to Underwriters Laboratories (UL).

Soft Bedding Link to Infant Deaths

According to a study conducted by CPSC and published in the June 1998 issue of the
American Medical Association's Archives of Pediatrics and Adolescent Medicine, soft bedding
should not be placed under infants, regardless of the way they are placed to sleep, because it
has the potential to cover their noses and mouths, blocking their airways. CPSC recommends
placing babies to sleep on their backs, the preferred sleep position of the American Academy
of Pediatrics.

Mandatory Standards

Poison Prevention

The Commission finalized a rule to require child-resistant packaging for certain
household products containing elemental fluoride (e.g., rust removers, toilet/metal cleaners,
and etching products) because they can cause serious injury and illness in children under five
years old. Most dental products do not contain enough fluoride to be included in this rule.

Bicycle Helmets - Final Rule

The Children's Bicycle Helmet Safety Act of 1994 directed the Commission to develop
a mandatory safety standard for bicycle helmets. That legislation further required that the
standard include a provision addressing the risk of a helmet coming off the rider's head during
a crash, as well as provisions addressing the risks of injury to children.

In December 1995, the Commission published a proposed bicycle helmet standard in
the Federal Register. In 1997, the staff completed testing and analysis to address technical
issues regarding the design of the test apparatus. The staff also completed additional analysis
on the issue of special provisions for bicycle helmets for children age 5 and under. The
results of this work were used to draft a CPSC bicycle helmet standard. The Commission
voted to approve the final standard in February 1998. The standard, which becomes effective
in March 1999, includes requirements for impact reduction, chin-strap strength, additional
helmet stability, and added head protection for children age 5 and under.


Date Firm and Product Alleged Hazard Remedy
07/98 Marco Manufacturing The exhaust flue may The firm offered
Lyawood, CA separate fram the consumers.a free
termination on the in-home retrofit.
Marco Margas CCT exterior of the house and
decorative gas fireplaces release hot exhaust gases
with collinear venting inside the wall. This
could cause house fires.
08/98 Char-Broil, Div. W.C. The long length of the The firm provided a
Bradley Co. hose allows it to touch retrofit pigtail
Columbus, GA the burner. This assembly to
presents a potential fire consumers,
Gas grill regulator hazard.
08/98 Neiman Marcus Group The chandelier presents The firm provided a
Chestnut Hill, MA fire or electric shock replacement UL
hazards. listed product to
Chandelier owners.
08/98 AES. Industries The light may overheat No units of the
Plant City, FL presenting an product were
electrocution hazard. distributed.
Work Light
08/98 AES. Industries The product presents No units of the

Plant City, FL

Nippon America surge
protector, item 14-515

electrocution and fire
hazards.

product were
distributed.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-54


APPENDIX G: Litigation and Settlements


Part II: Civil Penalty Agreements Accepted by the Commission

In the Matter of Binky Griptight, Inc. CPSC No. 98-C0007—The staff accepted a civil
penalty of $150,000 to settle allegations the firm failed to report to the Commission defects in
pacifiers it distributed.

In the Matter of Century Products Company CPSC No. 98-C0003--The firm settled
allegations that it failed to report hazards in certain cribs and playpens as required by section
15(b) of the CPSA by agreeing to pay a $225,000 civil penalty.

In the Matter of COA, Inc. d/b/a Coaster Company of America CPSC No. 98-C0004-The
company agreed to pay a civil penalty of $300,000 to settle allegations it sold cribs that
violated the crib standard and failed to report defects or unreasonable risks in its cribs under
section 15(b) of the CPSA.

In the Matter of The Limited, Inc. CPSC No.98-C0006—The Limited agreed to pay a civil
penalty of $200,000 to settle staff allegations it sold certain sweaters and fleece garments that
violated the Commission’s wearing apparel flammability standards.

In the Matter of Monarch Towel Company, Inc. CPSC No. 98-C0009-The firm settled
allegations that it sold, or offered for sale, certain robes that violated the Commission’s

requirements for children’s sleepwear. The firm agreed to pay a civil penalty of $10,000 and
to cease and desist from violating the sleepwear standard.

In the Matter of Ross Stores, Inc. CPSC 98-C0002--Ross agreed to pay a civil penalty of
$200,000 to settle staff allegations it sold various garments that violated the Commission’s
wearing apparel flammability standards.

Safety 1°, Inc. CPSC No. 98-C0008—The firm settled staff allegations that it failed to report
defects in certain bed rails under section 15(b) of the CPSA by paying a civil penalty of
$175,000.

In the Matter of TIX Companies, Inc. CPSC No 98-C0005—TIX paid a $150,000 civil
penalty to settle allegations it sold sheer chiffon skirts and scarves that violated the
Commission’s wearing apparel flammability requirements.

In the Matter of Yongxin International, Inc. CPSC No. 98-C0001—The firm agreed to pay a
civil penalty of $50,000 to settle staff allegations that it imported and distributed cigarette
lighters that did not comply with the Commission’s lighter standard.


Holtkotter International, Inc.
November 4 ES: halogen lighting issues
International Consumer Product Health & Safety Organization (ICPHSO)

February 26-27 ES: symposium/pane] discussions on Juvenile Product Safety Standards
and Protecting Children from Unintentional Injury

International Nonwovens & Disposables Association

May 19 EC: speaker at the Washington Textile Roundtable about CPSC
activities on upholstered furniture flammability

International Sleep Products Association (ISPA)

December 10 The General Counsel, EXHR, & Office of Chairman Ann Brown:
future CPSC activities on mattress flammability
January 23 ES & other CPSC staff: mattress and bedding fires

Kitchen Range Manufacturers &
other interested parties

March 24 EH & other CPSC staff: results of CPSC's project on rangetop cooking
fires
Kopelman Ideas, Inc.
October 7 ES: a demonstration of the company's thermal overcurrent protection
technology

Lectralite Corporation

October 6 EH, EXC & other CPSC staff: new concept cigarette lighter that
children cannot start fires with

Leviton Manufacturing Company, Inc.
June 11 ES: ground fault circuit interrupters

Arthur D. Little, Inc.

February 19 EXHR & other CPSC staff: draft test protocol for assessing escalator
step-skirt entrapments
March 26 ES: observe conduct of test protocol developed to assess the escalator

step-skirt entrapment hazard

C-11


Anthropometric Data

The 1977 CPSC report, Anthropometry of Infants, and Youths to Age 18 for Product
Safety Design, is recognized throughout the world as the most comprehensive data on
children's dimensions. These data are used by CPSC to support standards development and
product safety assessment.efforts. In addition, manufacturers, researchers and other
government agencies rely on these data. In 1998, CPSC completed a study to determine
whether the data are still valid. The analysis showed no statistically significant differences in
children's body sizes over the years. On the basis of this study, CPSC determined that further
proposed research in this area was not necessary.

Lead in Children's Toys

In 1998, CPSC completed a study of lead and cadmium in children's polyvinyl
chloride (PVC) products. CPSC tested a number of children's products to evaluate the
potential for children being exposed to lead and cadmium, and the risk created by that
exposure. CPSC determined these PVC products did not contain hazardous levels of lead or
cadmium and, therefore, did not present a risk of lead or cadmium poisoning to children.
CPSC issued a lead policy statement and asked all manufacturers to eliminate the use of lead
that could be accessible to children from products used in or around households, schools or in
recreation.

Sports-Related Injuries to Persons 65 and Older

CPSC conducted a study, through NEISS, of sports-related injuries to persons 65 years
of age and older. The study found that from 1990 to 1996, sports-related injuries to those 65
and older increased by 54 percent. This increase in injuries is most likely attributable to
increasingly active lifestyles and to increased participation in sports activities by older
Americans.

NEISS All Trauma Study

In 1998, CPSC completed a special study of the capability of the NEISS to collect all
trauma injury reports. For three months, 21 NEISS hospitals reported all injuries treated in
their hospital emergency department. The study demonstrated that the NEISS can be used to
capture all emergency room treated injuries. During the study period, consumer product-
related injuries comprised about half the trauma cases with work-related, motor vehicle and
intentional violence making up the other largest categories.


List of Meetings

27th Century Technologies, Inc.
April 7 ES: battery safety

American Apparel Manufacturers Association (AAMA)

November 13 ES & EXC: various CPSC textile flammability projects
December 17 Commissioner Thomas H. Moore/staff. children's sleepwear standard
December 17 ES & other CPSC staff concerns with "tight-fitting" children's

sleepwear requirements
American Beauty Association
April 24 EH: methacrylic acid in artificial nail primers
American Fireworks Standard Laboratory (AFSL)

November 21-22 LS & EXC: provisions of the AFSL standard requiring Roman Candles
to have a spike and void space; cautionary labeling for various
combination devices; possible revision of the standard for reloadable
shells permitting the packaging of more than six shells; consideration of
separate labeling provisions for parachutes

February 20-22 LS: a testing plan for: 1) Helicopters Flight Trajectory Provision); 2)
Roman Candles (Provision Requirements for a Spike, 2-inch Clay Plug,
and Void Space Size), 3) Reloadable Tube Aerial Shell Devices
(Packaging Provision Pertaining to Six Shots vs. Twelve-Shots per
Tube); 4) What is the potential for rapid fire propagation from crackle
devices in their shipping cases?

American Furniture Manufacturers Association (AFMA)

March 31 EC: speaker on CPSC activities on upholstered furniture flammability

September 9 LS & other CPSC staff: mechanical testing of a cushion mockup for
the purpose of evaluating the durability of fire retardant backcoated
upholstery fabrics

American National Standards Institute (ANSI)

November 13 ES: the development of a test method for vapor ignition safety
requirements for gas-fired water heaters
December 5 ES: electrical safety standards

c-5


Date

Firm and Product Alleged Hazard

Remedy

05/98

05/98

05/98

05/98

Deere & Company
Moline. IL

John Deere riding lawn
tractors, Sabre lawn
tractors, model 2048HV,
serial #'s 10001-11782
and model 2554HV,
serial #'s 10001-10777

Payless Shoesource, Inc.
Topeka, KS

“Connections” novelty
purse, #3659

Charmbrick & Stone
East Haven, CT

Keanall ceramic heat rock

Castrol North America
Wayne, NJ

Castrol 22 oz. Super
Clean aerosol foam
cleaner/degreaser

The bolts that hold the
mower blade to the
spindle may break while
in use, allowing the
blade to exit below the
mower deck possibly
causing injury to
bystanders.

The purse contains
petroleum distillate
which presents ingestion
and aspiration hazards.

The product may eject
hot particles of ceramic
rocks that can burn or
cause laceration injuries.

The product presents a
potential exposure to
toxic chemicals.

The firm replaced
the bolts.

The firm recalled the
product offering
consumers a full
refund of the
purchase price and a
$10 gift certificate.

The firm stopped
distribution of the
product.

The firm recalled the
product.

Certain corrective actions may not rise to the level of 'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-44


Information Services

Hotline

The CPSC Hotline received more than 288,000 calls in 1998. Approximately 42,000
calls were handled by the Hotline staff and nearly 4;300 callers reported unsafe products.
The Hotline continued to offer Spanish language services to callers through recorded
information and bilingual Hotline representatives.

Information Technology

CPSC continued the aggressive multi-year project started in 1994 to combine its
information from numerous computer systems and databases into one comprehensive,
integrated system, the Commission Information System.

Accomplishments include the upgrade of computer system architecture to Windows 95
technology; completing a process of providing pentium-level personal computers for all
employees, installation of new network hardware, major progress toward implementing an
inter-agency agreement for a new year 2000 (Y2K) accounting system; meeting scheduled
milestones for completion of Y2K conversion of all agency automated applications; designing
and programming a new budget system; implementing on-line retrieval of certain documents
used agency-wide (in-depth investigation reports, death certificates and product incidents);
installing and testing an upgraded injury cost model; programming of reporting systems to
support the agency's strategic plan; and designing and programming a laboratory testing
system for fireworks.

Internet

Through CPSC's web site, http://www.cpse.gov, the agency provides recall
information, including pictures and video of recalled products. Portions of video news releases
can now be downloaded from the web site. Other information and services available on-line
include the public calendar, the electronic reading room (Freedom of Information Act
documents), a search feature, consumer publications, business guides, and an interactive
feature that allows consumers to file product incident reports electronically. Manufacturers
also can file reports about potentially hazardous products under Section 15 of the Consumer
Product Safety Act online. The number of visitors to the CPSC site average approximately
450,000 per month, compared to approximately 100,000 in its first year of operation in fiscal
year 1996.

17


Litigation

Nearly all recalls of hazardous products are conducted voluntarily by firms. However,
where appropriate, CPSC compels recalls through administrative litigation. In 1998, CPSC
filed administrative lawsuits against Black & Decker Inc. and Central Sprinkler Co. CPSC
staff alleged one of Black & Decker's under-the-counter toaster ovens was defective. Food
could ignite inside the oven, and the toaster released the flames when the rack containing
buming food automatically extended at the end of the toasting cycle. More than a 1,066 food
fire complaints were reported with more than half involving property damage.

CPSC staff also alleged Central's Omega series of sprinklers were defective and a
substantial product hazard because they often did not operate in the event of a fire. CPSC
received reports of the sprinklers not functioning in at least 20 fires. Both cases were settled
and recalls were conducted of both products,

Small Business Ombudsman

CPSC's Small Business Ombudsman program is designed to quickly put small business
people in direct contact with agency experts through a single telephone call, with a goal of
providing expert assistance to every small business within 72 hours of when they reach out to
CPSC for help. To help achieve our purpose, the agency has an extension on its toll-free
hotline that connects small business directly with our Ombudsman's office.

The Small Business Ombudsman program continues to function well. Requests to our
Ombudsman for assistance come from all 50 states, as well as from foreign countries such as
England and Spain. This year, through direct contact with CPSC staff, the agency has helped
about 500 small business persons comply more easily with its product safety guidelines and,
therefore, manufacture safer products.

12


CPSC Highlights

Poison Prevention

The Commission issued a final rule requiring child-resistant packaging for certain
household products containing elemental fluoride (e g., rust removers, toilet/metal cleaners,
and etching products), because they can cause serious injury and illness in children under five
years old. The Commission also modified an existing exemption for oral prescription drugs
with sodium fluoride to be consistent with the special packaging requirement. Most dental
products do not contain enough fluoride to be included in this rule

Imported Fireworks Surveillance

CPSC and the U.S. Customs Service selectively sampled 540 shipments of fireworks.
Out of the total number of shipments, 144 violated CPSC’s mandatory safety requirements.
More than 19 million units presented violations serious enough to warrant seizure or other
action by CPSC and the U.S. Customs Service.

Baby Walkers

CPSC worked actively with industry to strengthen the ASTM voluntary safety standard
for baby walkers to address stair falls. New walkers with safety features were available to
consumers in 1998. Without the new requirements, baby walker injuries were projected to
have increased to as many as 32,000 emergency room-treated injuries in the year 2002. With
CPSC's work in getting the new standard in place, injuries are expected to decrease to fewer
than 10,000 per year by 2002.

Fast Track Product Recall Program

In 1995, CPSC began a Fast Track Product Recall Program to speed up the recall of
hazardous products. This program gets dangerous products off of store shelves faster, and
most importantly gets more unsafe products out of people's homes. In fiscal year 1998, more
than 100 firms participated in the program, resulting in 117 corrective action plans involving
more than 16 million product units. In October 1998, the Fast Track Product Recall Program
won the prestigious Innovations in American Government award, an awards program of the
Ford Foundation and Harvard University, administered by Harvard University's John F.
Kennedy School of Government in partnership with the Council of Excellence in Government.


Organizational Structure and Functions

As provided in the Consumer Product Safety Act of 1972, the Chairman and
Commissioners are the key policy makers of the U.S. Consumer Product Safety Commission.
The staff carries out their decisions and policies.

The Consumer Product Safety Act provides for five Commissioners but three
Commissioners currently head the agency. The Chairman and Commissioners are appointed
by the President and confirmed by the Senate. The Commission annually elects a Vice
Chairman.

The Chairman is the principal executive officer of the Commission. The Vice
Chairman acts in the absence of the Chairman.

The following offices report directly to the Chairman:

The Office of Congressional Relations acts as the Commission's liaison with
Congress. It provides information and assistance to congressional committees, responds to
inquiries by legislators, and coordinates written and oral testimony by Commissioners and
agency staff. .

The Office of Equal Opportunity and Minority Enterprise monitors compliance with
all laws, regulations, rules, and internal policies relating to equal employment opportunity. It
also ensures compliance with relevant provisions of the Small Business Act, and conducts the
Upward Mobility Program.

The Office of the Executive Director, under the broad direction of the Chairman and
in accordance with Commission policy, acts as the chief operating manager of the agency,
supporting the development of the agency's budget and operating plan before and after
Commission approval, and managing the execution of those plans.

The Office of the General Counsel is the legal arm of the Commission. Staffed by
lawyers, it provides advice and counsel to the Commission and staff on all legal matters,
including contracting, personnel issues, and legal review of all reports, memoranda, press
releases, and publications. It advises the Commission on matters of standards development,
tules, petitions, interpretations of prevailing regulations, and Federal court litigation
concerning compliance matters. It also defends court challenges to rules and other
Commission actions.

The Office of the Inspector General is an independent office established under the
provisions of the Inspector General Act, as amended. Reporting only to the Chairman, this
office independently initiates, conducts, and supervises audits, reviews, inspections, and

5-3


Date Firm and Product Alleged Hazard Remedy
03498 Fisher-Price, Inc. The mobile ‘may hit the Planning to pull frem
East Aurora, NY baby in the crib. retailers to rework
with different
Magic Motion Mobile, attachment
item #71153 mechanism. Will do
consumer level
corrective action
03/98 Almacenes Pitusa, Inc. The lights present a fire The firm recalled the
Hato Rey, PR hazard. tree lights.
Christmas tree lights, item
#'s 120095 and 107607
03/98 Appliance Corp. of Use of the ovens presents The firm provided a
America a potential shock hazard. _ replacement power
Great Neck, NY cord to consumers.
Welbilt toaster oven
rotisserie grill model
TBR5 and Welbilt
convection oven models
GTCI and CVN35
03/98 Misty Mountain The climber may The firm recalled the
Threadworks become disoriented if the harness.
Banner Elf, NC harness is misused with
added loop during rappel
Climbing harness, models _ or belay.

Arete, Quantum, Finesse,
Cadillac Big Wall

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-34


20. Gas Systems (Overpressure Protection)

Purpose - To develop a national consensus safety standard for natural gas service
regulators.

Highlights - Development of this standard wll establish national safety and
performance guidelines for natural gas service regulators. This will help to reduce or
eliminate variances in product quality which could contribute to overpressurization of
household gas systems and resultant explosions or fire. An American Gas Association (AGA)
Task Group developed a draft "Standard for Natural Gas Service Regulators." The standard
was approved by ANSI and published as American National Standard B109.4 with an
effective date of 8/98.

21. Gas Systems, 20 Pound

Purpose - To revise the ANSI gas grill standard (ANSI Z21.58) in order to:
(1) eliminate the fire/explosion hazard due to possible leakage from the connection between
the grill hose and the 20 pound propane cylinder, and (2) eliminate the hazard of large
quantities of propane gas being released in the event of fire or hose separation from the grill.

Highlights - In FY 1998, the ANSI Outdoor Cooking and Illuminating Appliances
Subcommittee met to adopt changes to the ANSI "Outdoor Cooking Appliances (ANSI
221.58)" standard. The standard was modified to require that as of 10/1/98 a 20-pound fuel
tank incorporating an overfilling protection device be provided to the consumer at point of
purchase of a new grill.

22. Heaters, Unvented Gas Room

Purpose - To create or revise safety standards and building code provisions in order to
reduce deaths, injuries and health risks caused by fires, carbon monoxide, nitrogen oxide, and
other toxic gases emitted from unvented heaters and other unvented appliances, such as gas
ranges.

Highlights - In FY 1998, CPSC staff began emissions testing of gas ranges. Various
cooking and heating usage conditions were replicated. The testing was scheduled for
completion in early FY 1999, at which time voluntary standards recommendations will be
considered.

E-12


TABLE 2

Estimates Of Hospital Emergency Room Treated Injuries
Associated With the Use of Certain Consumer Products
October 1, 1997 - September 30, 1998 *

Source: National Electronic Injury Surveillance System (NEISS)’

Note: NEISS data indicate that a product was associated with an injury but not necessarily that the

product caused the injury.

AGE GROUP”
Estimate.
65 And Mean

Product Group’ Total Under 5 5-24 25-64 Over — Severity*
1. Child Nursery

Equipment and Supplies 82,212 68,381 5,786 6,760 1,285 45
2 Toys 142,884 67,044 54,499 18,608 2,733 33
3. Sports and Recreational

Activities and

Equipment 3,975,562 182,895 2,720,570 1,003,440 68,657 29
4. Home Communication,

Entertainment and

Hobby Equipment 109,556 27,180 33,447 37,801 11,128 37
5. Personal Use Items 426,200 133,859 132,472 123,849 36,020 54
6. Packaging and

Containers for

Household Products 351,802 44,001 111,743 167,365 28,693 27
7. Yard and Garden

Equipment 236,372 9,152 45,096 146,037 36,087 40
8. Home Workshop

Apparatus, Tools

and Attachments 345,849 10,863 78,993 220,078 35,560 43
9. Home and Family

Maintenance Products 124,042 28,420 33,689 53,288 8,645 70
10. General Household

Appliances 144,533 29,739 30,710 67,205 16,879 58
11. Space Heating, Cooling

and Ventilating

Appliances 128,696 34,526 34,554 48,183 11,433 52
12. Housewares 788,835 48,902 263,796 426,280 49,857 22
13. Home Furnishings and

Fixtures 2,054,939 521,218 458,235 659,914 415,572 38
14. Home Structures and

Construction Materials 3,327,868 467,239 967,419 1,235,767 657,443 37
15, Miscellaneous 208,537 47,189 87,176 56,853 17,319 49

*Comparisons with previous Annual Report tables must be done with caution since the NEISS sample was
updated on January 1, 1990, and again on January 1, 1997.

A-5



Date Firm and Product Alleged Hazard Remedy
08/98 The Lancaster Colony Under-certain sonditiens, -The firm re-designed
Corporation the glass container may the candle to lessen
Cincinnati, OH shatter or break the potential
presenting a laceration or _ problem.
Large 3 Wick Peen thermal burn hazard.
Candle
09/98 Nikon Inc. The front lens and flash The firm provided a
Melville, NY tube can propel from the __ free replacement unit.
front of the unit.
Nikonos speedlight, model
SB-103
09/98 The Glidden Company There is a potential for The firm reworked
Cleveland, OH the lids to propel from the defective product
the paint cans. to stop the gassing
Rust Mate aluminum action which caused
paint the lids to project
from the cans.
09/98 AIWA America, Inc. A transistor may fail New production and

Mahwah, NJ

Portable stereo, models
NSX-A303 & NSX-A304
with the CX-NA303
center section

resulting in smoke or
ignition of a speaker.

customer returned
units will have the
transistors replaced.
Unsold units will be
modified to prevent
fire hazard.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-58


Conferences

Mattress and Bedclothes Fires Roundtable

In February 1998, CPSC sponsored a meeting to discuss the problem of open flame
ignitions of mattresses and bedclothes. While fire deaths associated with cigarette ignition of
these products have declined, the same is not true for open flame ignitions. The meeting
participants, including manufacturers, trade associations, fire service personnel, consumer
representatives, research and test laboratories, and other Federal agencies, discussed possible
strategies to address the fire deaths. As a result, the industry's Sleep Products Safety Council
agreed to sponsor research to investigate the development of a possible test method that might
be used as a basis for a performance standard. Several participants also agreed to work toward
a public education program to inform consumers about the risks of open flame ignition of
mattresses and bedclothes.

Upholstered Furniture Public Hearing

CPSC continued to study fire hazards related to upholstered furniture, including
analysis of data collected regarding flame retardant (FR) chemicals that could be used to meet
a flammability standard. Following a Commission vote to defer regulatory action, CPSC held
a public hearing in May 1998 to discuss the potential for toxic health effects associated with
FR chemicals, and related issues such as worker safety and environmental considerations.
Government representatives from the United States and the United Kingdom, industry and
other interested parties presented testimony on toxicological and scientific research related to
FR chemicals.

International Activities
CPSC's involvement in international activities during fiscal year 1998 had three goals:
TM to ensure that consumer products imported into the U.S. are safe,

® to encourage mutually acceptable consumer product safety standards and
conformity among nations worldwide, and

® to remain abreast of scientific advances through sharing information and expertise.
CPSC continued its involvement in developing internationally harmonized chemical

test methods, classification systems and labeling. These efforts aimed at ensuring that
harmonized standards will meet current U.S. levels of product safety for consumers.


Date Firm and Product Alleged Hazard Remedy
08/98 Holiday Innovations, Inc. _Live electrical The firm stopped
Houston, TX connections can be distribution and
exposed presenting a offered consumers a
Wonder Lights Chnstmas shock hazard refund of the
tree lights, models purchase price.
8GG1-C, 8GGI1-M,
8GG6-C, 8GG6-M,
8GG20-C & 8GG20-M
08/98 Square D Company Use of the panel presents The firm stopped
Palatine, IL a potential sales and redesigned
shock/electrocution the product. Affected
SERVICEPAK power hazard. units will be repaired
outlet panel at customer location.
08/98 AIG Design Holding, Inc. Use of the products The retailer notified
Alpharetta, GA presents potential shock consumers to call a
or fire hazards. toll free number to
Home entertainment unit, arrange for the
Sears models 49865, affected products to
49866, 49885, and 49886 be replaced without
cost.
08/98 Lexington Furniture Use of the bunk beds The firm offered
Industries presents a head retrofit kits to
Lexington, NC entrapment hazard. consumers.

Bunk beds, models
Lexington, Devan,
Young-Hinkle, Dixie, and
Henry Link

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-56


State(s) or Commonwealth

Department

Commissioned Officers

Western Region (Continued)

California (Continued)

Colorado

Guam

Louisiana

Oklahoma

Texas

Poison Control Center

Department of Health

Tri-County Health
Department

Department of Public

Health and Social Services

Office of Public Health

Department of Health

Department of Health
Austin

Department of Health
Arlington

I-14

Linda J. Pope
Elise C. Stone

Larry T. Berryman
Dale T. Tanda
Victoria Smith
Jacalyn Whelan
Roberta L. Boitano
Lisa C. Butts
Clark Wilson
Thomas E. Ballock
Jeffrey J. Lawrence

Lisa C. Butts

Annabelle L. Cuz, MSW

Louis Tractman, MD
Isabel Wingerter

K.C. Ely
John Lamb

Glenn Dunlap
Terry W. Johnson
Michael L. Ward
Joel Ortiz

Marcia A. Roberts
Steven J. Mattoon

Joe Balderas
Richard M. Lerro


13

15.

HOME FURNISHINGS AND FIXTURES
Bathtub and shower structures

Beds, mattresses and pillows

Blankets

Carpets and rugs

Chairs, sofas and sofa beds

Desks, cabinets, shelves, racks, etc
Drapery rods and accessories

Electric fixtures, lamps and equipment
Fireplace equipment

Holiday and party supphes

Hot tubs, spas and whirlpools

Ladders and stools

Mirrors and murror glass

Other miscellaneous furniture and accessories
Scales (excluding baby scales)

Sinks and toilets

Tables

Window, table, chair and bed covers
Miscellaneous

HOME STRUCTURES AND CONSTRUCTION MATERIALS
Automatic doors and door openers

Cabinet or door hardware

Ceilings and walls of a completed structure
Counters and counter tops

Fences

Glass doors, windows and panels
Handrails, railings and banisters

Insulation

Nails, carpet tacks, etc.

Non-glass doors and panels

Outside attached structures and materials
Outside unattached structures

Porches, open side floors, etc.

Stairs, ramps, landings and floors

Window and door sills (including frames)
Wood panelling and particleboard
Miscellaneous

MISCELLANEOUS PRODUCTS

Alarms and escape equipment

Business and office machines

Dollies and carts

Elevators and other lifts

Fireworks and flares

Fuel-burning lighting equipment and fuels
Gasoline and diesel fuels

Generators

Miscellaneous

A-10


Reference Source

. Title 16 CFR
Product Act Type of Regulation Part Number
Paper items HSA exemption from labeling 1500.83(a)(3)
ist
Paraphenylenediamine HSA labeling 1500.13(a)
Patching compounds, containing asbestos CPSA ban 1304
Perchloroethylene in HSA exemption from labeling 1500.83(a)(31)
visual novelty devices
Percussion explosives HSA definition 1500.3(c)(7}(i){a)
Petroleum distillates HSA labeling 1500.14(a)(3)
special labeling 1500.14(b)(3)
exemption from labeling 1500.83(a)(8),(9),
Phenol (carbolic acid) PPPA special packaging 1700.14(a\(7),(2),(15)
HSA labeling 1500.129(d)
Photodynamic sensitizer HSA definition 1500.3(b)(9)
Photographic color HSA exemption from labeling 1500.83(a)(25)
processing kits
Plant foods, dry HSA exemption from labeling 1500.83(a)(21)
granular
Playpens: CPSA to be regulated under 1145.13
expandable the CPSA
mesh-sided CPSA to be regulated under 1145.11
the CPSA
Poisons, caustic HSA labeling requirements 1500.129
Polishing products HSA exemption from labeling 1500.83(a)(11)
Potash, caustic HSA labeling 1500.129(4)
special packaging 1700.14(aX5)
Potassium hydroxide HSA labeling 1500.129(i)
PPPA special packaging 1700.14(a)(5)
Potassium supplements, PPPA exemption from special 1700.14(a)(10){vi)

effervescent

H-14

packaging


Federal-State-Local Cooperative Program
Memorandum of Understanding (MOU)-Partnership Agreements

It is the policy of the CPSC to initiate and enter into MOU's with agencies of state or
local governments. Such cooperation creates a partnership which extends overall consumer
protection through more effective use of collective resources. Partnering creates an
arrangement between CPSC and state or local agencies wherein both parties agree to share, at
no cost to the other party, the responsibility for certain product safety activities. These
agreements are usually with agencies having responsibilities that are similar to CPSC's.

Partnership agreements have resulted in a free exchange of information on inspectional
activity, recalls, enforcement actions, and outreach programs. It has provided cross-training
and an increase in state expertise in product safety.

State or Commonwealth Department

Mid-Atlantic Service Center

Delaware Department of Community Affairs
and Economic Development
Board of Pharmacy

District of Columbia Department of Consumer and
Regulatory Affairs

Maryland Department of Health & Mental
Hygiene
Dmg Contro! Administration

Pennsylvania Department of Health
Allegheny County Health Dept.
Bureau of Consumer Protection

Virginia Department of Agriculture &
Consumer Services
Board of Pharmacy

West Virginia Department of Labor

Board of Pharmacy

I-16


Date Firm and Product Alleged Hazard Remedy

11/97 Polaris Industries Inc. An impact may cause Dealers were
Minneapolis, MN cracks nm the pitmanarm instructed to replace

which could lead to loss the pitman arm and

Pitman arm for 1997 of steering control and torque all fasteners to
snowmobile, models possible injury. specifications.
Polaris, 6(00XC and 600
XCR series

11/97 H &H Furniture A child may get caught The firm provided
Manufacturers, Inc. between the guard rail in-home repair for
Seagrove, NC and the bed rail. owners.
Bunk bed, model
100-5085

11/97 K-Mart Corporation The chair may collapse if The firm recalled the
Troy, MI assembled incorrectly chair offering

resulting in injuries to its © consumers correct
Gables Collection occupant. assembly instructions
wrought iron patio chair and a refund of the
purchase price if they *
choose.

11/97 Jimco Lamp Co. Use of the lamp presents = The firm recalled the

Bono, AR a potential for electrical lamps offering

Electric table lamp, Blue
Rose Hurricane
Lamp,T8198NLU

leakage in a very small
number of these lamps.

consumers a free
replacement lamp
and a $10 gift
certificate towards a
future purchase.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-22


Date

Firm and Product Alleged Hazard

Remedy

08/98

08/98

08/98

08/98

Wide Open Doors
Clovis, NM

Bi-fold door with
uncovered and bottom
mounted operating
mechanism

First Choice Products
City of Industry, CA

6 outlet electric power
strips, items 29005 &
29029

J. Hofert Company
Sparks, NV

EVERGLOW’” icicle
Christmas lights, model
WSI-97

Crate & Barrel
Northbrook, IL

Wooden toy chests
#303-194 (maple) and
#172-561 (birch)

Fingers, hands and arms
may be caught in the
operating mechanism
exposing the consumer to
amputation, fracture
and/or contusion
hazards

The electric power strips
present fire and electric
shock hazards.

The lights present an
electrical shock hazard.

The toy chest lid can fall
due to insufficient lid
support which may result
in injuries.

New production will
have covered
mechanisms. All
previously
manufactured doors
will be fixed free of
charge to owners.

The firm recalled the
power strips offering
consumers a refund
of the purchase price.

The firm recalled the
lights.

The firm sent free
replacement lid
supports to consumer
owners.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

P55


Date Firm and Product Alleged Hazard Remedy
10/97 Menards, Inc. The fan presents fire or Consumers are to
Eau Claire , WI shock hazards. return the recalled
fan for a full refund.
Envirotech electric fan
10/97 The Coleman Company _ The chair may collapse The firm removed
Wichita, KS during use. the chair from the
market place.
Pack Away Compact
Chair, #C074-7210
10/97 BRK Brands, Inc. Plastic parts of gate can Consumers are to
Aurora, IL break off into small contact company at
pieces, creating a 1-888-777-5599 for a
Baby gate, model First potential choking hazard _ free replacement
Alert True Fit Safety to young children. gate.
Gate, CSSG1
10/97 Mares America Corp. Use of the product may The firm is offering a
Fairfield, CT result in drowning or an free replacement dive
embolism. computer or
Scuba diving computer complete refund on
the product.
10/97 Al Dan Trading Inc. Use of the toy presentsa The firm recalled the
Miami, FL strangulation hazard. toy.

Crib Toy, item #17156

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-15


CENTRAL REGION

Alabama

Mr. James J. McVay

Office of Health Promotion and
‘nformation

Department of Public Health

201 Monroe St, Rm. 900

Montgomery, Alabama 36130-1701

(334) 206-5300

FAX: (334) 206-5534

Georgia

Mr. Barry W. Reid
Administrator

Office of Consumer Affairs
2 Martin Luther King Dr.
Plaza Level East

Atlanta, Georgia 30334
(404) 656-3790

FAX: (404) 651-9018

Illinois

Ms. Edith Sternberg

Chief

Center for Health Promotion
Department of Public Health
525 W. Jefferson Street
Springfield, Illinois 62761
(217) 785-2060

FAX: (217) 782-3987

Indiana

Ms. Linda A. Hayman

Division of Health Education
Department of Health

2 North Meridian - 3rd Floor
Indianapolis, Indiana 46204-3003
(317) 233-7294

FAX: (317) 233-7378

Towa

Mr, Jack Kelly

Director, Division of Disease
*Prevention

State Department of Health

Lucas State Office Building

East 12th and Grand

Des Moines, Iowa 50319

(515) 281-7785

FAX: (515) 281-4958

Kansas

Mr. James Pyles

Consumer Product Safety Officer
Department of Health & Environment
Bureau of Food, Drug & Lodgings
109 S.W. 9th Street, Suite 604
Topeka, Kansas 66612

(913) 296-5602

FAX: (913) 296-6522

Kentucky

Mr. Terry Wescott

Health Program Administrator
Div of Environmental Health
and Community Safety
Department for Public Health
Cabinet for Human Resources
275 East Main Street
Frankfort, Kentucky 40621
(502) $64-4537

FAX: (502) 564-6533


Enforcement and Compliance Activities

To reduce unreasonable risks of injury and death associated with consumer products,
CPSC has the authority to take a variety of actions against hazardous products that fail to
comply with mandatory safety standards or that present a substantial nsk of injury to
consumers. Where it finds violative or defective products that present a significant msk of
injury to the public, it seeks corrective action through repair or replacement of the product, or
through refund of the product's purchase price. CPSC also informs and educates regulated
industries of existing standards and how to meet them. These cooperative efforts help
minimize future consumer exposure to products that may be hazardous.

In fiscal year 1998, CPSC obtained 273 corrective actions involving about 36.6 million
consumer product units that either violated mandatory safety standards or presented a
substantial risk of injury to the public. The following are just a few examples.

= = ~=About 800,000 car seats/carriers were recalled in conjunction with the National
Highway Traffic Safety Administration because a handle latch can unexpectedly
release and cause the seat to flip forward, causing the child to fall.

= = Approximately 390,000 children's sleepwear sets were recalled because they did not
meet the children's sleepwear flammability standards and present a fire hazard.

TM ~~ More than 1 million cigarette lighters were recalled because they lacked child resistant
features and can present a fire hazard.

= ~=About 250,000 high-temperature plastic vent pipes used in furnaces and boilers were
recalled because they could crack or separate, posing a risk of carbon monoxide
poisoning.

® Over 300,000 electrical surge protectors, extension cords and power strips were
recalled because of electrocution and fire hazards.

= = §=More than 1.8 million Christmas lights were recalled because of electrocution and fire

hazards.

m= About 1.2 million detail sanders were recalled due to a faulty switch which can lead to
a fire hazard.

= More than 1.7 million candles in glass containers were recalled because of a flare up
fire hazard.

= ~=About 670,000 flying dolls were recalled because their wings can break off, causing
serious eye injuries.

Toys and children's products continue to be among CPSC's prime concerns. The 273
corrective actions obtained in fiscal year 1998 included 120 different toys and children's
products involving about 6 million product units. Most toy recalls were for the following
reasons: the toys for children under 3 years of age had small parts that presented a choking
hazard; the toys had paint containing lead levels that were dangerous for children; or the toys
otherwise presented a substantial risk of injury to children.


Date Firm and Product Alleged Hazard Remedy

11/97 BRIO Corporation The conical-shaped Consumers are to
Germantown, WI clown hat presents a return the hat to
potential choking hazard = BRIO for a
BRIO wooden stacking to young children. replacement hat and
clown toy, model #30130 postage
reimbursement.
11/97 Kid's Patrol The zipper may present Consumers are to
New York, NY a choking hazard. return the items to
the retail store for
Infant's vest, model Kid's another item.

Patrol and Athletic Team

11/97 Chandur Hasso Inc. The converter presents The firm recalled the
New York, NY an electrocution hazard. converter,

Electric converter, item

#CG-1600
11/97 Kids "R" Us, Inc. The buttons present a The firm stopped
Paramus, NJ possible sales and corrected
choking/ingestion the problem for the
Infant/toddler coverall, hazard. future.

style Mini-Wear, SKN#
067660 and 067644

Certain corrective actions may not mise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-21


State or Commonwealth

Department

Eastern Region

Connecticut

Florida

Maine

Massachusetts

New Hampshire

New Jersey

New York

North Carolina

Puerto Rico

Rhode Island

South Carolina

Virgin Islands

I-17

Office of Chief Medical Examiner
Drug Control Division
Department of Consumer Protection

Department of Agriculture
and Consumer Services

Division of Health Engineering
Home Economic Resource Center
Northeast Combat

Division of Licensing &
Enforcement

Department of Public Health
Board of Registration in Pharmacy

Safety Council

Office of Consumer Protection
Drug & Poison Information Center

Education Department
Office of Profess. Discipline (OPD)

State Board of Pharmacy

Department of Consumer Affairs
Board of Pharmacy

Consumers’ Council
Division of Drug Control

Department of Health and
Environmental Control

Board of Pharmacy

Consumer Services Administration
Board of Pharmacy


Date

Firm and Product

Alleged Hazard

Remedy

12/97

12/97

12/97

12/97

Star Brothers, Inc.
San Juan, PR

Christmas tree hghts, item
#'s 150 and 201

Globe Furniture, Inc.
Hendersonville, TN

Folding banquet table,
Value and Standard series

Graco Children's Products
Co.
Elverson, PA

Infant carriers and
carrier/swing seats with
model nos. 1300, 1301,
1310, 1350, 1501, 1502,
1530, 1723, 2788, 5510,
8108 and 36264 made
from 8/1/93 through
8/31/97

Home Shopping Network
St. Petersburg, FL

Achiever portable
massager with heat

The lights present fire
and shock hazards.

User may sustain a cut
from the sharp or burred
edges on the table's
metal apron.

The handle can unlock
unexpectedly, causing an
infant to fall from
swing/carrier and be
injured.

The product may
overheat creating a
potential fire hazard.

The firm recalled the
product.

The firm redesigned
the table apron to
eliminate the sharp
or burred edges.

Consumers are to call
the firm for a free
repair kit to keep the
handle in position.

Consumers are to
return massager to
the firm for a full
refund.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-26


MID-ATLANTI VICE CENTER

Delaware

Dr. Timothy W. Van Wave

Chief, Chronic Disease Prevention
& Health Promotion

Division of Public Health

Health and Social Services

Jesse Cooper Building - PO Box 637
Dover, Delaware 19903

(302) 739-4724

FAX: (302) 739-6617

District i

(vacant)

Bureau of Injury and Disability
Prevention

Department of Health

c/o D.C. General Hospital - Building 10
1900 Massachusetts Avenue S.E.
Washington, D.C. 20003

(202) 727-3866

FAX: (202) 544-5945

Maryland
Mr. Alan Taylor
Director, Office of Food Protection
and Consumer Health Services
Department of Health and
Mental Hygiene
6 St. Paul Street - Suite 1301
Baltimore, Maryland 21202-1606
(410) 767-8402
FAX: (410) 333-8931

I-22

Pennsylvania

Ms. Sharon Straub

Information Specialist
Education and Information Unit
Bureau of Consumer Protection
Office of Attorney General
Strawberry Square

Harrisburg, PA 17120

(717) 772-0907

FAX: (717) 787-1190

Virginia

Ms. Erima Shields

Director, Center for Injury and
Violence Prevention

Department of Health

1500 East Main Street - PO Box 2448
Room 105

Richmond, Virginia 23218-2448

(804) 225-4483

FAX: (804) 786-6776

Ms. Jill Miles

Deputy Attorney General
Consumer Protection

WV Attorney General Office
P.O. Box 1789

Charleston, WV 25326-1789
(304)-558-8986
FAX:(304)-558-0184


Date

Firm and Product

Alleged Hazard

Remedy

05/98

05/98

05/98

05/98

05/98

Hi-Fold Door
Corporation
River Falls, WI

Bottom drive bi-fold
doors, model
Erect-A-Tube

AFA Service Corporation
Atlanta, GA

Toy saxophone
distributed with
Adventure Meals in
Arby's Restaurants

Keanall Industries, Inc.
Ardmore, TN

Deluxe grill rocks
International Sales &
Marketing (Tanaka)
Kent, WA

Carbide brushcutter
blade, model #746192
AMF, Inc.

Richmond, VA

Sure Pik bowling ball
return

Use of the doors may
result in amputations and
fractures.

The white plastic keys
and mouthpiece could
separate from the plastic
saxophone and present a
choking hazard to young
children.

The small particles from
the rocks may eject from
the grill causing burns
and lacerations.

The blade's carbide tips
can come off while the
trimmer is operating,
striking user or
bystanders.

Use of the product may
result in lacerations and

possible finger
amputations,

The firm contacted
owners and offered a
door guard to shield
from injury.

Consumers are to
return the toy to any
Arby's to exchange
for a different toy.

The firm offered
consumers a refund
and destroyed the
rocks,

The blades were
recalled by Tanaka
for destruction.

The firm Installed
shields with waming
labels.

Certain corrective actions may not rise to the level ofa substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F42


On 11/10/98, ASTM approved the testing standard entitled "Measurement of Vertical Forces
to Disengage Type [la Lug-Style Child-Resistant Closures (ASTM D3469-97)."

In addition, final approval of four ASTM aerosol quality assurance standards
(D3061-97, D3064-97, D3089-97 and D4041-97) was announced at the beginning of FY 1998
(with predated approval of 9/10/98.) The ASTM child-resistant packaging subcommittee
drafted a new standard entitled "Terminology Relating to Unit Dose Packaging (ASTM
Z7\47Z).". The Commission staff participated on a working group that began revising the
classification of child-resistant packaging which is being updated to mclude new designs that
were developed to meet the CPSC senior-adult requirements.

9. Clothes Dryers

Purpose - To evaluate the adequacy of the voluntary standards for gas and electric
clothes dryers and to develop recommendations to the standards which could reduce the risk
of fire.

Highlights - During FY 1998, CPSC staff examined and tested gas and electric clothes
dryers. Tests were based on an analysis of the incident data and an assessment of the
requirements in the voluntary standards.

10. Counter Top Cooking Appliances

Purpose - To assess the adequacy of current standards for counter top appliances that
are used to heat food and liquids, such as "Household Electric Cooking and Food Serving
Appliances (UL 1026)" and "Household Electric Skillets and Frying-Type Appliances (UL
1083)," in minimizing risks of fires and burns.

Highlights -

° Toasters: CPSC staff proposed that UL revise its "Electric Household Cooking
and Food Serving Appliances (UL 1026)" standard to include a safety provision
for food load during abnormal test conditions.

° Toaster Ovens: At UL's Small Appliances Technical Advisory Panel (TAP) in
11/97, CPSC staff presented a proposal that would require toaster ovens to pass
an abnormal test in which the temperature regulating controls are bypassed and
newsprint is draped over the top of the unit. In 8/98 both UL and the

E8


Highlights - In 2/98, CPSC staff met with UL and industry to discuss CPSC staff
proposals to UL 153 with respect to halogen torchiere lamps. In 6/98, UL adopted new
requirements (with a 6/99 effective date) relating to tipover switches, guards, vertical wall
tests, stability tests, articulated arm stop tests, and markings.

27. LP Gases Code

Purpose - To revise the "Standard for the Storage and Handling of LP-Gases
(NFPA 58)," as appropriate.

Highlights - CPSC staff opposed a provision proposed for the 1998 edition of the LP-
Gas Code (NFPA 58) that would allow LP-gas storage tanks to be installed on roofs. Asa
result of CPSC staff opposition, additional safety provisions were included to largely mitigate
the potential hazard.

28. Mini Hammocks

Purpose - To develop a national consensus safety standard for mini hammocks.

Highlights - CPSC staff requested ASTM develop a national consensus safety
standard for mini hammocks ASTM solicited manufacturers to participate in an
organizational meeting to start the standards development process; however, as of the end of
FY 1998, ASTM was unable to solicit the interest of ASTM's required minimum number of
three participating manufacturers. Nevertheless, a draft safety standard was prepared for
consideration when ASTM's minimum participation requirement is met.

29. National Electrical Code

Purpose - To revise the safety provisions of the National Electrical Code (NEC) so as
to reduce electrical fires and shock associated with consumer products including appliances,
electrical equipment, and wiring products

Highlights - As a result of CPSC staff providing comments on 1999 NEC proposals,
arc-fault circuit-interrupters (AFCIs) were included for adoption in the next NEC for bedroom
circuits. In addition, spa emergency shut-off switches will be an NEC requirement for all
installations except at single-family residences.

E-14


Recall Round-Up also generated excellent media attention. A press release and video
news release were distributed nationwide. The video news release alone reached at least 20
million viewers. In addition to CPSC's national media campaign, state and local organizations
issued 82 press releases and held many local press conferences, CPSC estimates that this
year's Recall Round-Up reached over 50 million people.

Many of the local Recall Round-Up news conferences included creative efforts to
publicize and collect recalled products. Several fire departments and businesses sponsored
drop-off sites where consumers could bring recalled products which were then crushed in a
garbage truck or otherwise discarded.

Because of its success, CPSC will conduct a third Recall Round-Up in fiscal year
1999,

14


Reference Source

. Title 16 CFR
Product Act Type of Regulation Part Number
Norethindrone acetate tablets (not 1700 14(a)(10)¢xviii)
more than 50 mg per package)

Medroxyprogesterone acetate tablets 1700 {4)\(10)eax)
Drugs, iron-containing PPPA special packaging 1700.14(a)(12)
Dry-cleaning solvents HSA exemption from. 1500.83(a)(18)

labeling
Emberizing materials, CPSA ban 1305

artificial, containing

asbestos
Epoxy resins HSA labeling 1500.13(c)
Erythromycin ethylsuccinate, PPPA exemption from 1700.14(@)(10\Gii)

uspension and granules for special packaging
suspension

Chewable tablets , ; I700.14GX1OGvi)
Ethanol-containing mouthwash PPPA special packaging 1700.14(a)(22)
Ethylenediamine HSA labeling 1500.13¢¢,
Ethylene glycol in felt pads HSA exemption frem labeling 1500.83(a)(2!

” ey Pa special labeling 1300-14)
Ethylene glycol HSA labeling
1500 14(a)(2),(b)(2) .
special packaging 1700.14(a}(11)
Ethylene glycol antifreeze HSA labeling 1500.132
Expandable children's enclosures CPSC’ to be regulated under 1145.13
the CPSA.
Exports (noncomplying products) All reporting requirements 1019
Extremely flammable contents of HSA definition 1500.3(¢\6)(vii)
self-pressurized containers method to determine 1500.45
flashpoint testing 1500.46
exemption from 1500.83(a)(1)
labeling
Extremely flammable HSA definition 1500.3(c)(6)(i)
hazardous substances testing 1500.43a
Extremely flammable solids HSA definition 1500.3(c)(6)(v)
testing method 1500.44
Eye irritants HSA testing method 15003(X8),(cX4)
definition 1500.42


Date Firm and Product Alleged Hazard Remedy
11/97 Simon & Schuster Use of the book presents — The firm will refund
New York, NY a potential choking the full purchase
hazard. price of the book.
Children's Book,
"Rooster's Off to See the
World"
12/97 White Brothers The fork can disconnect The firm offered
Yorba Linda, CA from the bike and cause consumers a
the nder to fall. replacement or a
Bicycle fork, Pro Forx, refund of the
model SC70 purchase price.
12/97 Ameristep The step may break The firm recalled the
Clio, MI causing the hunter to fall —_ product.
while climbing the tree.
Heavy duty single fold
tree step
12/97 Land and Sky Use of the heaters The firm recalled the
Lincoln, NE presents a potential shock _ product and offered a

Waterbed heater, models
AquaQueen "Genus",
"Aquaset", "Aquanique"
and Landmark
"Premium"

hazard.

free replacement.

Certain corrective actions may not rise to the level ofa substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-23


APPENDIX A: Deaths, Injuries and Costs
of Injuries from Consumer Products


Outdoor Power Equipment Institute (OPED
July 16 ES: snowthrower safety
July 25-27 ES: to observe and collect information on various types of powered
home gardening equipment at OPEI Expo
Packaging Partnership
April 30 EH: child-resistant packaging
Petroleum Packaging Council

August 26 EH: speaker on child-resistant packaging requirements and petroleum
distillates

Polyurethane Foam Association

May 15 EC: speaker on CPSC activities on upholstered furniture
Prevent Blindness America

November 15-16 EH: CPSC activities on eye safety

June 20 EH: CPSC activities on eye safety

September 26-27 EH: CPSC activities on eye safety
Public Health Service Working Group

June 18 EH: criteria for use of latex gloves
Reckitt and Coleman

October 29 EH & other CPSC staff: child-resistant packaging
Rexam Corporation

February 19 EH: child-resistant tube packaging
Rich Ali & Associates

September 28 EC & other CPSC staff: 1) CPSC staff activities related to carbon

monoxide (CO) detection and 2) Newtron's Products Company's
incorporation of CO detection capabilities into their product line

C-15


Date Firm and Product Alleged Hazard Remedy
10/97 Manco Products, Inc. The go-cart may lose The firm replaced all
Fort Wayne, IN total braking capability. brake cahpers with
the following WO#'s:
Go-cart brakes, model 203169, 203170,
Tolomatic 203172.
10/97 Sachs Bicycle The rider may lose The firm offered a
Components control of the bike and free replacement of
Anaheim, CA fall. the drive chain to
consumers.
Bicycle drive chain, model
SC 20
11/97 Spectrum Fitness The treadmill may The firm sent letters
Loveland, OH suddenly start up causing _to all dealers,
the user to fall. distributors and
Treadmill, model E-1000 consumers offering a
free repair.
11/97 Kmart Corporation Chair may collapse The firm recalled the
Troy, MI injuring occupant's chair offering
fingers. consumers a refund
Sling Garden Chair, item of the purchase price.
21-33-80
11/97 Magic Creations The candle generates The firm recalled the

McKeesport, PA

Bleeding Hand wax
candle, item no. 6054

excessive flames that
present a fire hazard.

candles offering
consumers a refund
of the purchase price.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-19


Description Proposed Final Effective
Date

Resource

Poison Prevention Packaging Act
Final Action:

Issuance of final rule 11/20/97 06/02/98 03/02/99
to require child-resistant
packaging for household
products containing more
than the equivalent of

50 mg of elemental
fluoride and more than

the equivalent of 0.5
percent elemental fluoride
(on a weight-to-volume
("w/v") or weight-to weight
("w/w") basis) and modifi-
cation of exemption for oral
prescription drugs with
sodium fluoride

Proposed Action:

Proposal to require child- 11/20/97
resistant packaging for
household products
containing more than the
equivalent of 50 mg of
elemental fluoride and
more than the equivalent
of 0.5 percent elemental
fluoride (on a weight-to-
volume {"w/v"] or weight-
to-weight ["w/w"] basis)
and modification of
exemption for oral
prescription drugs with
sodium fluoride

63 FR 29949

62 FR 61928


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Sleepwear, children's HSA FFA standard (FF 3-71) 1615
sizes 0-6x, sizes 7-14 standard (FF 5-74) 1616
Sodium arsenite HSA labeling 1500.132(b)
Sodium fluoride (prescription PPPA exempting from special 1700.14(a)(10)(vii)
aqueous solutions) packaging
Sodium hydroxide HSA labeling 1500.129()
Sodium/potassium hydroxide PPPA special packaging 1700.14(a)(5)
Solder kit HSA exemption from labeling 1500.83(a)(30)
Solder paste HSA exemption from labeling 1500.83(a)(22)
Special packaging PPPA standards 1700.15
PeevaP re-use prohibited 1700.15(c)
test procedure 1700 20
restricted flow 1700.15(d)
requirement
Spot removers, single- HSA exemption from labeling 1500.83(a)(18),(19),(26)
use
Spot removing kits HSA exemption from labeling 1500.83(a)(25)
Sponges, cellulose HSA exemption from labeling, 1500.83(a)(15)
Squeeze toys CPSA to be regulated under 1145.10
the CPSA
Stoddard solvent HSA labeling 1500.14(a)(4)
special labeting 1500.14(b)(3)Gi)
Stoves, coal and wood burning
(see appliances)
Strong sensitizers HSA definition 1500.3(6)(9)
list of 1500.13
Sulfuric acid HSA labeling 1500.129(b)
PPPA special packaging 1700.14(@)(9)
Swimming pool slides CPSA stand. 1207
Tank coatings HSA exemption from labeling 1500.83(a)(34)


investigations of Commission programs, activities, and operations to prevent and detect waste,
fraud, and abuse. It makes recommendations to promote economy, efficiency, and
effectiveness within the Commission's programs and operations. The office also may
investigate allegations of employee misconduct.

“The Office of the Secretary prepares the agendas for official agency meetings,
maintains official records of Commission actions, manages the docket of adjudicative
proceedings, and responds to requests for documents under the Freedom of Information Act
(FOIA) and the Privacy Act. It issues the agency's official documents, including Federal
Register notices, prepares and publishes the Public Calendar of Commission meetings, and
supervises the operations of CPSC's public reading room.

The following offices report to the Executive Director:

The Office of the Budget is responsible for overseeing the development of the
Commission's budget. The office, in consultation with other offices and directorates, prepares
for the Commission's approval, the annual budget requests to Congress and the Office of
Management and Budget and the operating plans for each fiscal year. It manages execution of
the Commission's budget. The office recommends to the Office of the Executive Director
actions to enhance effectiveness of the Commission's programs and activities.

The Office of Information and Public Affairs disseminates information to consumers
and the media. It prepares and publishes brochures, booklets, fact sheets, and safety alerts
recommending safe ways for consumers to identify and safely use consumer products. Press
teleases are prepared and circulated to the media on Commission actions, product recalls, and
seasonal events such as toy safety, fireworks, holiday safety, residential pool use, and National
Poison Prevention Week.

The Office of Planning and Evaluation is responsible for short-term and long-term
planning and evaluation of agency programs and accomplishments. Evaluation studies are
conducted to determine how well the Commission fulfills its mission. The office also manages
the Commission's information collection budget and obtains Office of Management and Budget
clearance for information collections.

The Office of Compliance directs the administrative enforcement of Commission rules.
The office, staffed by lawyers and compliance specialists and working with field staff, also
initiates investigations on safety hazards of products already in the consumer marketplace or
being offered for import. It enforces the requirements that firms comply with specific
regulations and that they identify and report product defects that could present possible
substantial hazards, violations of consumer product safety rules, and violations of voluntary
standards relied upon by the Commission. It negotiates and subsequently monitors corrective
action plans designed to give public notice of hazards and to recall defective or non-complying

14


Public Information Programs

CPSC educates and informs consumers about the safe use of products and product
recalls. CPSC effectively communicates its mission and its product-safety messages directly to
consumers, industry and the media through the following:

direct responses to consumer inquiries;

outreach efforts with local and national groups and industries;

publications and public information programs; and

media relations, including print, video news releases and press conferences.

New Radio Access

During 1998, CPSC installed a new audio system to allow local radio stations
nationwide to access information about recalls. The audio soundbites can be accessed by
using a toll-free telephone line Radio stations can use the audio of a CPSC spokesperson
discussing various recalls as part of their local broadcasts.

Safety Partnerships

CPSC continues to serve as a resource for both consumers and businesses by
partnering with organizations and individuals to educate and inform consumers. During 1998,
in partnership with the American Academy of Orthopedic Surgeons, CPSC held a press
conference and issued a joint brochure on sports safety for seniors. Working with S.C.
Johnson & Sons Inc., CPSC helped produce a public service announcement on preventing
inhalant abuse featuring Michael Jordan's mother, Deloris, and a brochure for parents. CPSC
also worked with: the U.S. Environmental Protection Agency on poison prevention; the
Pampers Parenting Institute on grandchild safety; and with KaBOOM!, a national, non-profit,
playground development organization, in a program for playground safety.

Chairman's Commendations

The "Chairman's Commendations" program recognizes outstanding contributions to
product safety. Award recipients are selected on the basis of efforts that are voluntary, go
beyond what the government requires, and make a significant contribution to the safety of
children and others.

In 1998, Chairman Brown recognized a business and a non-profit organization for their
safety efforts. Wayne-Dalton Corp., in Mt. Hope, Ohio, received the commendation for
making garage doors safer through innovative designs that will help prevent injuries to
consumers. The National SAFE KIDS Campaign, headquartered in Washington, D.C., and its
state and local coalitions were commended for their outstanding efforts to increase public
awareness of safety and prevent injuries to children.

15


SUMMARY LISTING OF FY 1998
VOLUNTARY STANDARDS PROJECTS

All-Terrain Vehicles

Baby Swings

Bicycle and Recreational Helmets
Camping Equipment

Candles

Carbon Monoxide Alarms (Detectors)
Chairs, High

Child Resistant Packaging

. Clothes Dryers

10. Counter Top Cooking Appliances

11. Cribs

12. Electrical Maintenance Code, Residential
13. Escalators

14, Extension Cords

15. Fireworks Devices

16. Fun Karts

17, Furnaces, Gas-Fired Central

18. Furniture Tipover

19. Garage Door & Gate Operators

20. Gas Systems (Overpressure Protection)
21. Gas Systems, 20 Pound

22. Heaters, Unvented Gas Room

23. Heaters, Vented

24. Infant Bedding and Related Accessories
25. Infant Carriers

PRANKS YYNE

» Lamps and Lighting

. LP Gases Code

Mini Hammocks

. National Electrical Code

National Fuel Gas Code

. Plastic Applications in Electrical

Products
Playground Equipment (<2 yrs. old)

. Playground Equipment, Home

Playground Equipment, Public
Playground Equipment, Soft
Protective Padding

Ranges and Ovens

Saws, Chain

. Saws, Table

Shock Protection Devices
Snow Throwers

. Soccer Goals

Sprinklers

. Strollers

Toy Safety
Trampolines

. Treadmills

Washing Machines

. Water Heaters, Gas

Window Guards


APPENDIX J: Organizational Structure and
Functions


Date Firm and Product _Alleged Hazard Remedy
03/98 Conetex The software contains an _ Conetex replaced the
Elverson, PA ecror which may cause it faulty microprocessor
to fail to function with appropnate
Fitness product treadmill, properly and not turn software.
model Athion IQ, the motor off when an
Treadmill overspeed or sudden
acceleration occurs.
03/98 American Presto The plastic handle may The firm stopped
Corporation become deformed during _ distribution and
Ontario, CA normal operating offered consumers a
temperatures exposing refund of the
Wisdom" plastic soldering _ the user to electric shock _ purchase price.
iron, model 29-SI35P-1 and burn hazards.
03/98 Bear Archery When the bow is in the The firm offered a
Gainesville, FL fully cocked position, free replacement
sudden unexpected draw-stop to owners.
Compound bow, models release is possible.
Jennings,Buckmaster,
Airmaster, Code,
Barracuda Air, et al
03/98 Norco Products USA The hitch may fail The firm developed
Washington, DC causing the rider to fall. an acceptable
replacement hitch
Bike trailer, models Norco which was supplied
and Stagecoach via mail or through
authorized dealers
free of charge.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the
corrective action plan may not be listed.

F-38


Date

Firm and Product Alleged Hazard

Remedy

04/98

04/98

04/98

04/98

Midway Arms, Inc.
Columbia, MO

Gun cartridge tumbler,
model 1292 and past
brands.

BJ. Alan Company, Inc.

Youngstown, OH
Fireworks, models Silver
Willow and Helicopter
Neiman Marcus Group

Chestnut Hill, MA

Elephant Lamp

Honeywell Inc.
Minneapolis, MN

Duracraft portable electric

ceramic heater models
CZ-303, CZ-304,

CZ-308, CZ-318, CZ-319

and DeLonghi CER-1

The tumbler may
overheat, presenting a
fire hazard.

‘The fireworks may

become projectiles during

use.

The lamp presents a
possible fire hazard.

Use of the heaters
presents a fire hazard.

Consumers are to
contact the firm for
free repair of the
tumbler's motor.

The product was
recalled.

The firm sent
certified letters to
consumers instructing
them to return the
lamp for a full
refund.

Consumers are to call
the firm for a free
replacement.

Certain corrective actions may not mise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-40


Recall Round-Up

For the second year in a row, CPSC successfully conducted a nationwide Recall
Round-Up Campaign to get dangerous products out of consumers’ homes The purpose of
Recall Round-Up 1s to publicize previously recalled consumer products and urge people to
remove them from their homes. The campaign primarily focuses on products that present a
danger to children, such as cribs and playpens. There was a 40 percent increase in state and
local participants over the previous year. Hundreds of health and safety agencies, thousands of
state and local officials, national and grassroots organizations, and many businesses

participated
Recall Litigation

Nearly all recalls of hazardous products are conducted voluntarily by firms. However,
where appropriate, CPSC compels recalls through administrative litigation. In 1998, CPSC
filed administrative lawsuits against Black & Decker Inc. and Central Sprinkler Co. CPSC
staff alleged one model of Black & Decker's under-the-counter toaster ovens was defective
and a substantial product hazard CPSC staff also alleged Central's Omega series of sprinklers
were defective and a substantial product hazard. Both cases were settled and recalls were
conducted of both products.

New Radio and Video Access

During 1998, CPSC installed a new audio system to allow local radio stations
nationwide to access information about recalls. The audio soundbites can be accessed by
using a toll-free telephone line. Radio stations can use the audio of a CPSC spokesperson
discussing various recalls as part of their local broadcasts. Also, consumers accessing CPSC’'s
web site can now download portions of some video news releases that vividly show product
hazards.


Date Firm and Product Alleged Hazard Remedy
10/97 Century Products, Inc If the harness straps Consumers should
Macedonia, OH loosen or are not call (800) 231-1448
buckled, a child can for a free
Century Lil’ Napper become entangled in the _ replacement restraint
Infant Swings; 12-344, straps and strangle. kit.
12-345, 12-347, 12-475,
and 12-476 with
harness-style restraint
straps
10/97 Dex Products The product could The firm recalled
Benicia, CA overheat and melt. warmers
manufactured
Electric baby wipe between January
warmer 1994 through
December 1996. An
additional stabilizer
bar is added to
reduce over heating.
10/97 In-Mar Trading, Inc. The extension cord The firm recalled the
Miami, FL presents fire and shock extension cord.
hazards,
12" extension cord,
#70031
10/97 Chiquita Brand, Inc. Children can pull the Consumers are to

Cincinnatti, OH

Cap on bottle for
Chiquita Sports Blast
sport drink

small plastic top off the
bottle cap with their

teeth, creating a potential

choking hazard.

remove and destroy
the plastic bottle cap
to safely consume
contents. Unopened
bottles can be
returned to the
retailer for a refund.

Certain corrective actions may not nse to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-17


Meetings of Substantial Interest

During Fiscal Year 1998, Commissioners and staff at the Consumer Product Safety
Commission held meetings to discuss matters related to the mission of CPSC. The list of those
meetings complies with the requirements of section 27(j)(8) of the Consumer Product Safety Act,
which requires the Amrual Report to account for "the extent of cooperation of Commission officials
and representatives of industry and other interested parties in the implementation of this Act." We
have compiled this list on the basis of meetings announced in CPSC's weekly Public Calendar.

It is important to note that this list of meetings does not account for all meetings between
Commission personnel and outside parties because not all such meetings are required to be listed in
the Public Calendar. The Commission's Meetings Policy (16 CFR part 1012) requires that meetings
concerning matters of "substantial interest" be listed in the Public Calendar while meetings on "non-
substantial interest" are not required to be listed, although many are For example, field staff meet
frequently with a wide range of outside organizations in order to inform consumers and others of
CPSC's work, but since these meetings are of "non-substantial interest" as defined by CPSC's
Meeting Policy, they are not necessarily listed in the Public Calendar. Also, the list may not fully
account for all meetings of voluntary standards development organizations with which CPSC
participated. For additional information on voluntary standards efforts, see Appendix E.

CPSC's Meetings Policy defines "substantial interest” as concerning "any issue that is likely to
be the subject of a regulatory or policy decision by the Commission" The Meetings Policy imposes
the following three requirements on CPSC staff and Commissioners who hold or attend meetings
involving matters of "substantial interest:" 1) they must announce the meetings in advance in the
Public Calendar, 2) they must hold these meetings open to the public, unless certain specified
exceptions apply, and 3) they must submit summaries of such meetings to the Office of the
Secretary. In addition, summaries of telephone conversations involving "substantial interest" matters
also must be submitted to the Office of the Secretary.

Meeting summaries are available from the Office of the Secretary upon request under the
Freedom of Information Act.

Address information requests to:
Office of the Secretary

U.S. Consumer Product Safety Commission
Washington, DC 20207

c-3


Reference Source

Title 16 CFR
Product Act Type of Regulation Part Number
Coldwave permanent neutralizers PPPA special packaging 1700.14(a)(19)
containing sodium bromate or
potassium bromate
Colestipol PPPA exemption from special 1700.14(a)(10)(xv)
packinging
Combustible hazardous HSA definition 1500..3(¢)(ii)
substances flashpoint testing 1500.43a
Conjugated estrogens tablets PPPA exemption from special 1700. 1 4(a)(10)(xvii)
packaging
Consumer product CPSA “fatal of sub- 1115
stantial product
Containers, consumer-owned HSA exemption from full 1500.83(a)(14)
@ortable) labeling
Controlled drugs PPPA special packaging 1700.14(a)(4)
Corrosive substances HSA definition 1500.3()(7),)G3)
Cosmetics HSA exemption 1500.81{a)
Crib hardware CPSA to be regulated under 1145.14
the CPSA
Cribs (full-size) HSA ban 1500.18(a)(13)
safety requirements 1508
Crib (non-full-size) HSA ban 1500.18(a)(14)
safety requirements 1509
Crib, mesh-sided CPSA to be regulated under 1145.12
the CPSA
Cushions, infant HSA ban 1500.18(a)(16)
Cyanide salts HSA ban 1500.17(a)(5)
Dibucaine PPPA special packaging 1700.14(a)(24)
Dietary supplements, iron-containing PPPA special packaging 1700.14(a)(13)


Date

Firm and Product

Alleged Hazard

Remedy

06/98

06/98

06/98

06/98

White Consolidated
Industnes, Inc.
Cleveland, OH

Frigidare table-top
freezer, model T4LGP

Creative Expressions
Group, Inc.
Indianapolis, IN

White musical candle,
model Paper Art,
#WM100340

Payless ShoeSource, Inc.

Topeka, KS

Children's sneakers,
model Coasters # 1186

Payless ShoeSource, Inc.

Topeka, KS

Children's sneakers,
model Coasters #1213

Use of the freezer
presents shock and
electrocution hazards.

The candle may burn
down and ignite its
plastic holder possibly
causing its batteries to
explode.

The sneakers! heart
shaped charm presents a

choking and/or ingestion

hazard.

The sneakers’ bear
shaped charm presents a
choking and ingestion
hazard.

The firm offered
consumers a replace
cord for the freezer
door.

The firm corrected
future production by
making a metal collar
for the candle a
permanent part of
the plastic candle
holder base.

The firm recalled the
shoes.

The firm recalled the
shoes.

Certain corrective actions may not rise to the level of a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F49


Date Firm and Product Alleged Hazard Remedy
12/97 White Consolidated The bracket that holds The firm recalled the
Industries, Inc. the gas range jgnuor in product and offered
Cleveland, OH place in the oven cavity to repair affected gas
can jar out of place ranges.
Gas ranges, Frigidaire, allowing gas to leak.
Gibson, Tappan, and
White-Westinghouse
12/97 Hanna Andersson The snaps may detach, Consumers are to
Portland, OR presenting a choking return the recalled
hazard. garments to the firm
Toddler turtleneck or to the store where
garment, items 15705, purchased for a full
13132 and 13340 refund.
12/97 Mitsubishi Rayon Co. The rider may lose The firm offered a
New York, NY control of the bike and full refund for the
fall. returned bike, plus a
Bike frame, model bounty was paid on
LeMond, V-2 bike owners
identified.
12/97 NuTone Use of the fans presents The firm offered

Cincinnati, OH

Combination light and
exhaust fans, models
663LN, 663LNMP,
663LNB, 669L, 669LB,
VF305C and VF307C

an electric shock hazard.

consumers free repair
kits.

Certain corrective actions may not rise to the level of'a substantial product hazard, but a firm
still chooses to undertake a voluntary corrective action plan. In some of those cases, the

corrective action plan may not be listed.

F-24


American National Standards Institute (ANSI) cont'd.

January 21
February 4

April 29-30
June 2-3

July 28-29
September 23-24

ES & other CPSC staff: various safety related issues conceming
escalators/elevators

ES. carbon monoxide performance requirements for portable camping
equipment

ES: safety standards for gas-fired appliances

ES: safety-related issues associated with residential gas furnaces and to
observe test setup for furnace and other gas appliances

ES: safety standards for gas-fired water heaters

ES: safety-related issues associated with residential gas furnaces

American Pyrotechnics Association

May 29

September 23

EH & other CPSC staff: the effects of the NEISS redesign on estimates
of fireworks-related injuries
Chairman Ann Brown: keynote address at 50th Anniversary Conference

American Society of Mechanical Engineers (ASME)

October 6-7
November 18
December 8
January 13
January 21

ES: various safety issues concerning escalators

ES: various safety issues concerning escalators/elevators

ES: various safety issues concerning escalators/elevators

ES: various safety issues concerning escalators/elevators

ES & other CPSC staff various safety related issues concerning
escalators/elevators

American Textile Manufacturers Institute (ATMI)

September 9

September 18

September 18

The Ariens Company

May 20
September 9

LS & other CPSC staff. mechanical testing of a cushion mockup for
the purpose of evaluating the durability of fire retardant backcoated
upholstery fabrics

Chairman Ann Brown/staff: update by ATMI on the work they are
doing in the area of upholstered fabric flammability

Commissioner Thomas H. Moore/staff: update by ATMI on the work
they are doing in the area of upholstered fabric flammability

ES: snowthrower safety
ES: testing of snowthrowers to address hand injuries

C-6