Posts Tagged 'accidents'

Penalty Factors Ought to Mean Something

For some time the product safety bar has been concerned about the apparently arbitrary manner in which penalties are assessed at the CPSC.  In 2010 the Commission adopted a rule that set forth the factors that must be considered in determining how penalties are assessed.  Unfortunately, since then, the agency has given only the slightest head-nod to these factors and has not applied them in any kind of rigorous, disciplined, or transparent manner.  Yet such transparency is important in helping the regulated community better understand how the agency defines the concept of “substantial product hazard” which is at the center of most penalty matters.

The problem with the Commission’s approach is well-illustrated by the $3.4 million settlement recently negotiated with Office Depot.  This case involved 1.4 million office chairs sold by the retailer over a ten year period.  Over those ten years, the company received 153 incident reports with 25 reported injuries only some of which required medical attention.  Commissioner Mohorovic has written a thoughtful statement in which he does apply the Commission’s penalty factors to this case.  His conclusion is that had the penalty factors actually been properly applied, the resulting penalty should have been much lower.  His statement is well worth reading.

The current chairman and former acting chairman have made public statements that penalties should, as a matter of course, increase across the board to reflect their view of Congressional intent in increasing the agency’s penalty authorities.  If it is going to be agency policy to push for increased penalties, then the agency owes it to the public to have a more transparent process for imposing penalties.  As Commission Mohorovic notes, currently there is little coherence in the agency’s approach to penalties. As a consequence, parties before the agency are left to struggle with an opaque process where the rules are written after the fact.  Such a result is bad public policy.

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Debbie Downer Goes to the Super Bowl?

The spectacle that is the super bowl is for some (including me) as much about the ads as it is about football.  On this day after the big game, the morning talk shows offered up various commentators’ lists of the best and worst of those advertisements.  One ad that seemed to show up on everyone’s worst ad list is the “Make Safe Happen” ad sponsored by Nationwide Insurance.  Even one of my heroines, Lenore Iskenazy, in her Free Range Kids blog, tagged it as the worst super bowl ad.

For the benefit of the maybe ten people in the country not watching the super bowl, this ad featured a child musing about all the things he would not be able to do—learn to ride a bike, fly, get married–because he had died in an accident. Was the ad provocative? Yes.  Did it get people’s attention?  By all means.  Did it highlight an important issue that gets only passing attention from many?   It did.  And I believe that Nationwide deserves praise for its courage in running the ad.

As Nationwide points out in its response to the ad’s critics, “preventable injuries around the home are the leading cause of childhood deaths in America.”  As a CPSC commissioner I saw, first-hand and every day, the tragedies caused by accidents in the home that were entirely preventable.  Shining a light on risks such as accidental drowning and tipping furniture serves as a reminder to all of us that accidents often happen in places where we feel the safest—our homes—and can happen in the blink of an eye and when we least expect it. Getting this reminder from a child who has died brings home with real impact the fact that many of the worst accidents happen to our children.

Some may say that the ad somehow suggests that parents who have suffered these tragedies are to blame for not being careful enough or that these accidents point to the need for more governmental involvement in how we raise our children. Not so. The ad sought to build awareness and awareness is the first step in solving a problem that, as parents, we must address in the way that is best for our own families.


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