Voluntary safety standards

Under Section 7(a)(1) of the CPSA, the Commission may promulgate consumer product safety standards that enhance product safety by prescribing (1) requirements concerning product performance, or (2) requirements that a consumer product be marked with or accompanied by clear and adequate warnings or instructions. The Consumer Product Safety Amendments of 1981 stress Congress preference for the adoption of voluntary safety standards in lieu of mandatory federal requirements. In its amended form. Section 7(b) provides that the Commission shall rely upon voluntary consumer product safety standards. . . whenever compliance with such voluntary standards would eliminate or adequately reduce the risk of injury addressed and it is likely there will be substantial compliance with such voluntary standards. ... 

Athione Industries, Inc. v. CPSC, 707 F.2d 1485 (D.C. Cir. 1983) (setback) Clay-brook, Retreat, 60 (statistics) Bill McAllister, CPSC Takes Cautious Stance on Voluntary Safety Standards, WP, March 26, r98y, at E3 (cold shoulder). 

One of the most significant laser safety standards is that developed by the Z-136 committee of the American National Standards Institute (ANSI) (55). Although it is voluntary, many organi2ations use the ANSI standard. It contains a number of items including a recommendation for maximum permissible levels of exposure to laser radiation for various wavelengths, exposure durations, and different parts of the body separation of lasers into four different classes according to the level of ha2ard they present and recommendation of safety practices for lasers in each of the classes. 

Toys sold in the USA are regulated by the Consumer Products Safety Commission, and the Code of Federal Regulations covers the toy safety standards. In addition, there are a voluntary set of standards established by the American Society for Testing Materials. This article visits a laboratory that helps test new toys, Specialized Technology Resources Inc., and discovers what some of the tests involve. 

The US Congress passed the Occupational Safety and Health Act in 1970. This act created the Occupational Safety and Health Administration (OSHA) in the federal Department of Labor to establish and enforce safety standards for the workplace. OSHA standards are called permissible exposure limits (PELs). Many PELs have been adopted from ACGIH TLVs. TLVs are generally defined as air concentrations of chemicals that most workers can be exposed to for an 8 h workday, 40 h week for a working lifetime without suffering adverse effects. TLVs are not guaranteed as safe exposure levels for the entire population. Employers may also institute voluntary exposure limits either because an OSHA standard has not been promulgated for a xenobiotic of concern or because they want to apply an exposure limit that is more protective than either the PEL or the TLV. 

Procedures The development of consumer product safety standards and bans is governed by Section 9 of the CPSA. In 1981, Congress significantly reworked the procedures prescribed by this provision to place greater emphasis on the encouragement of voluntary standard-development activities and to increase the role of cost-benefit analysis in CPSC decision-making. 

Section 9(c) provides that, where the Commission concludes that voluntary standard-development activities will be unsatisfactory, it may propose a rule adopting a mandatory safety standard. The Commission s proposed rule must... 

The mission of the American Society for Testing and Materials (ASTM) is to be the foremost developer and provider of voluntary consensus standards, related technical information, and services having internationally recognized quality and applicability that (1) promote public health and safety, (2) contribute to the reliability of materials, products, systems and services, and (3) facilitate national, regional, and international commerce. See website http //www.astm.org. 

Modified vans and cars enable persons with disabilities to independently drive a vehicle. Wheelchair tie-downs and occupant restraints in personal vehicles and in public transportation vehicles are allowing people to be safely transported to their chosen destination. Fortunately, voluntary performance standards for restraint and tie-down technologies have been developed by a task group within the Society for Automotive Engineers (SAE). Standards for car hand controls, van body modifications, and wheelchair lifts are also available from SAE. These standards provide the rehabilitation engineer with a set of took that can be used to confirm safety compliance of modified transportation equipment. Currently in process and stiU requiring several more years of work are transport wheelchair and vehicle power control standards. 

There are at least two industry consensus standards for injury and illness prevention programs. The American National Standards Institute (ANSI) and American Industrial Hygiene Association (AIHA) have published a voluntary consensus standard, ANSI/AIHA ZIO—2005 Occupational Safety and Health Management Systems (ANSI/AIHA 2005). The Occupational Health and Safety Assessment Series (OHSAS) Project Group, a consortium of selected Registrars, national standards bodies, professional associations and research institutes, has produced a similar document, OHSAS 18001—2007 Occupational Health and Safety Management Systems (OHSAS Project Group 2007). These consensus-based standards have been widely accepted in the world of commerce and adopted by many businesses on a voluntary basis. 

In the absence of specific rules as referred to in paragraph I (above), the conformity of a product to the general safety requirement shall be assessed having regard to voluntary national standards giving effect to a European standard or, failing these, to standards drawn up in the member state in which the product is in circulation. ... 

A principle highlighted in the American National Standards Institute (ANSI) voluntary consensus standard ZlO-2005, Paragraph 5.1.2, and is typically defined as addressing occupational safety and health needs in the design process to prevent... 

It should be noted that the general industry regulations at 1910.266(e)(2) go into great detail on chain-saw requirements for the logging industry. These are not OSHA requirements for construction but may be best practice for chain-saw use and safety for your operations. In addition, the voluntary consensus standard from the American National Standards Institute, Safety Requirements for Gasoline-Powered Chain Saws (ANSI B175.1), may offer further guidance. 

Name three major organizations that publish voluntary standards, including safety standards. 

Although ANSI is a voluntary standard and not federal law, OSHA can cite ANSI as a nationally recognized safety standard and hence a requirement for providing working safety under OSHA s General Duty Clause Section 5(a)(1). 

Serves as a clearinghouse for nationally coordinated voluntary safety, engineering, and industrial standards. 

In 1994, the U. S. Consumer Product Safety Commission recalled several brands of crayons made in China because they were found to contain lead. When buying crayons, paint sets, chalk and modeling clay, or any art supplies, look for a statement on the label that they conform with ASTM D-4236, a voluntary industry safety standard. 

It is unlikely that OSHA will resume regulatory activity concerning its withdrawn Safety and Health Management Standard under the current administration. However, if it should proceed in the future, it would be statutorily required to consider adoption of ANSI ZIO to address this issue based upon the requisites of the National Technology Transfer and Advancement Act (NITAA), 15 USC 272, and the Office of Management and Budget s (OMB) Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. 

The OMB Circular [consistent with Section 12(d) of the NTIAA] directs agencies to use voluntary consensus standards in lieu of developing government-unique standards, except when such use would be inconsistent with the law or otherwise impractical. However, under the current OSH Act, only national consensus standards that have been adopted as or incorporated by reference into an OSHA standard pursuant to Section 6 of the OSH Act provide a means of compliance with Section 5(a)(2) of the Occupational Safety and Health Act, 29 U.S.C. 651 et seq. ( the OSH Act ). Therefore, at some future time, OSHA could adopt ZIO as a mandatory safety and health standard through notice-and-comment rulemaking. 

In the UK there are a number of safety organisations all of whom are working towards the achievement of high standards of health and safety in the work place. These organisations range from the enforcement authorities backed by the power of the law to the voluntary bodies who encourage and support local and individual employment efforts to raise health and safety standards. 

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