Published on January 9, 2008
Industrial SafetyET 335: Industrial Safety ET 335 Chapter 26 Product Safety & Liability Strict Liability: Strict Liability Tort law - duty to warn consumers Criteria for Duty to Warn Potential for an accident if used improperly Probable serious injury in case of accident Positive effectiveness and feasibility of a warning. Product Liability Lawsuit: Product Liability Lawsuit Injured party decides to seek redress against the manufacturer of a product. The attorney files a complaint in state or federal court. The discovery period begins and evidence is collected, depositions are taken, and product is examined. The trial date is set. The trial takes place, or a settlement is reached. Product Liability Laws: Product Liability Laws Consumer Product Safety Act Flammable Fabrics Act Food, Drug, and Cosmetics Act Hazardous Substances Act Mine Health and Safety Act Product Liability Laws: Product Liability Laws National Traffic and Motor Vehicle Safety Act Occupational Health and Safety Act Poison Prevention Packaging Act Refrigerator Safety Act Toxic Substances Control Act Workers’ Compensation Act Consumer Product Safety Act: Consumer Product Safety Act Protect the public from the risk of injuries incurred while using consumer products. Help consumers make objective evaluations of the risks associated with using consumer products. Encourage uniformity in standards and regulations. Encourage research into the causes of product related injuries. Burden of Proof: Burden of Proof Patent Defect Occurs in all items in a manufactured batch. Latent Defect Occurs in a limited number in a batch. Reasonable Risk Unreasonable Risk Reasonable Risk: Reasonable Risk Consumers: Understand Risk Evaluate the level of risk Know how to deal with the risk Accept the risk Unreasonable Risk: Unreasonable Risk Consumers are Not aware of the risks Not able to judge the degree of risk Not able to deal with the risk The risk could be eliminated Community Right to Know Act (SARA): Community Right to Know Act (SARA) Emergency Planning Emergency Notification Reporting Requirements Toxic Chemical Release Reporting Product Safety Program: Product Safety Program PSM Coordinator PSM Committee PSM Auditor PSM Coordinator Responsibilities: PSM Coordinator Responsibilities Authority over a major component of the company Access to other executives Authority equal to other executives PSM Committee: PSM Committee Brings together individuals from various departments Broad base of expertise. PSM Auditor: PSM Auditor Identify evidence of a lack of commitment Observe the actions taken when a product deficiency is identified Bring deficiencies to the attention of managers Review the documentation of actions taken to correct deficiencies in products. Evaluation: Evaluation Meet with top management officials Work with all managers involved Inform managers of what is expected Review all documentation related to PSM Review product-related literature Review copies of warning labels and other printed precautionary materials Common Problems: Common Problems Insufficient research Faulty design Insufficient testing Faulty manufacturing Poor Quality control Insufficient labels and warnings Misrepresentation of product Product Literature: Product Literature Minimize and simplify narrative text Use illustrations Make the layout look good Make the literature interesting Group Discussion: Group Discussion Should product safety be a concern for the safety and health professional? Industrial SafetyET 335: Industrial Safety ET 335 Chapter 27 Roles of Safety and Health Personnel Safety & Health Team: Safety & Health Team Safety and Health Manager Safety Engineer Environmental Engineer Industrial Hygienist Health Physicist Occupational Health Nurse Occupational Physician Safety and Health Manager: Safety and Health Manager MUST HAVE AUTHORITY Line Authority Staff Authority Common Problems: Common Problems Lack of Commitment Production vs. Safety Gaining a Commitment to Safety and Health Productivity, Quality, Cost, and Response Time Image and Service Gaining Safety Commitment: Gaining Safety Commitment It Attracts and retains the best people. It gets the most out of talented people. Fear for safety will reduce quality. It will save money on accident costs. It cost less to prevent accidents than to pay for them. Helpful Agencies: Helpful Agencies Certification Boards Professional Societies Standards and Testing Organizations Governmental Agencies Trade Associations The Design Process: The Design Process Problem Identification Synthesis Analysis & Evaluation Document & Communicate Produce & Deliver Safety Professionals: Safety Professionals Industrial Engineers Safety Engineers Environmental Engineers Chemical Engineers Industrial Hygienist Health Physicist Occupational Nurse and Physician Group Discussion: Group Discussion Why is a team of safety and health professionals required?