CPSIA – Essay Contest or . . . Detention Punishment?

I know what you are thinking: how can I channel all this excess energy I have? What could really soak up a lot of time, and provide intellectual stimulation at the very same time? It can be so frustrating to have oodles of time and nothing to do . . . .

Luckily for you, the Society for Standards Professionals (SES) have a contest for you to enter. It’s their 2011 World Standards Day Paper Competition. The topic for your award-winning essay must meet this description: “‘Advancing Safety and Sustainability Standards Worldwide,’ recognizes that issues of safety and sustainability are important causes for stakeholders around the world, from alternative energies and environmental protection to the safety of products, services, homes, and workplaces. As governments, organizations, and individuals alike strive to address these transnational challenges, globally relevant standards provide the technological and scientific foundations that drive health, safety, and environmental innovation.”

Okay, I know that’s not English, but heck, they are Standards engineers. What did you expect?

The project might have died there . . . but fortunately, my trade association, the Toy Industry Association, provided outstanding translation services so we could all get in on the fun:

“As recently reported to TIA members, the U.S. Celebration of World Standards Day 2011 taking place on October 13, 2011 in Washington, D.C. includes a unique opportunity for toy industry stakeholders to describe (in writing) the crucial role that global toy safety standards serve in protecting children today and for future generations … and take home some fantastic cash prizes!” [Emphasis added[

Now, that’s a Rockin’ n Rollin’ idea for you. The crucial role of Global Toy Safety Standards – I love it! Of course, the contest also sounds like some sort of detention punishment. “Now write ‘Safety is nice’ on the chalkboard 100 times in neat handwriting!” Well, Mr. Grumbler, life is how you choose to look at it, so stop moaning and get to work. You’ll never win the big prize by feeling sorry for yourself.

Here are a few suggested winning essay titles. I would welcome any other ideas you have because I want one of my readers to WIN that cash prize!

a. “Cadmium-for-Lead: How Global Standards Set Me Straight!”

b. “What?! No One Told Me Small Parts Were Bad! ANSI to the Rescue.”

c. “If It’s Illegal Here, It Must Be Illegal Everywhere. Waste Haulers Laud New Global Toy Safety Standards.”

d. “Let Me Chew on That. . . . Global Toy Standards Finally Regulate Common Sense!”

e. “Never Heard of Selenium? ANSI Has . . . Thank G-d.”

f. “Shards of Glass No More. Global Toy Standards Stand Tall!”

g. “There Are New Global Toy Standards? Somebody Should Tell Our Firewalled Test Lab.”

Read more here:
CPSIA – Essay Contest or . . . Detention Punishment?

A Quick Guide to What’s Wrong with the CPSIA

1. CPSIA Needs a Concept of Risk Assessment. The new law has absolute standards which are difficult or impossible to modify.Without consideration of quantifiable risk of injury, far too many safe products are swept up into this broad safety legislation.

2. Definition of Children’s Products Too Broad. By defining Children’s Products to include ALL consumer goods intended or designed for use by children up to 12 years of age, the new law incorporates many categories of products not previously subject to regulation or known to present a quantifiable risk of injury to children. There are similar concerns about the definition of Toys in the phthalate ban.

3. Retroactive Application of New Standards is Excessively and Unnecessarily Penal. The retroactive application of the new standards is causing widespread market chaos and significant business losses in a range of industries, including thrift stores, ATV dealerships, educational suppliers, mass market retailers and so on. The retroactive application is virtually unprecedented in the history of the CPSC and is not merited by quantifiable assessment of risk of injury.

4. Implementation Timeline is Unreasonable. The timeline of implementation of the new law left insufficient time to sell off inventory or transition manufacturing standards. Likewise, there was not enough time for the CPSC to manage the deluge of questions, certifications, rulemakings, etc. Lack of preparation time led to larger business losses.

5. Excessive Penalties and Possible Criminal Charges Are Unfair. The historical behavior of Children’s Products companies does not merit such extreme personal and financial risk. Whistleblower provision is equally inappropriate.

6. The Complexity of the Law Will Depress Markets. The many compliance and immediate self-reporting requirements makes compliance with all aspects of the new law unlikely for most companies with more than 50 products in their line.

7. Tracking Labels Will Cost Too Much and Bring Little Benefit. The cost-benefit of this provision is very unfavorable as vast numbers of items which would never be recalled will have to be tracked by lot. This provision will be very disruptive and expensive for most companies.

8. The Sum of the Requirements under the CPSIA Are Penal to Small Business. Large businesses selling through mass market outlets can manage the high expense of compliance with the CPSIA with high volume items. Small businesses will incur much greater costs per item, and will suffer competitively. Many small businesses are suffering because of this law already.

9. Effective Pre-Emption is a “Must”. As many as 38 States have pending or active children’s product safety legislation. The burden of understanding and complying with so many competing legislative schemes exceeds most companies’ capabilities. This explosion of law may reduce inter-state commerce.True pre-emption to restore Federal regulation of children’s product safety is called for.

10. State Attorney General Enforcement of the CPSIA Should be Abolished. Arguments that SAG enforcement increases the number of “cops on the beat” are false. SAGs have no obligation under the law to follow the lead of the CPSC or even tell the CPSC what they are doing. This means that there are now 51 CPSCs, an untenable situation for the business community – very risky!