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Something New to Worry About
I\TOW that the flap created by the establishI \ ment of the Occupational Safety and Health Act has calmed to a low roar, we thought we had best slip the word to you gently that the federal government has a similar law, that became effective last December, that has the potential to exceed even OSHA in shaking up the course and conduct of normal trade. Just what you really needed, eh?
The act established a Consumer Product Safety Commission that in turn will form a Product Safety Council. The law gives the Council plenty of muscle to investigate, hold hearings and to fine heavily if it develops that products being sold are unsafe. It has the right, for example, to enter any manufacturing facility, warehouse orretail business forthe purpose of investigating product safety.
Armed with a 1974 fiscal year budget of $30.9 million and nearly 800 employees, they will perform their responsibilities by (a) maintaining an injury information centero (b) conducting studies and investigating accidents, (c) performing studies on improving product safety, (d) testing consumer productso (e) developing product safety standards, (f) developing methods and devices to set standards, (g) labeling products "Banned Hazardous Product'o where it feels necessary, (h) inspecting warehouses, factories and (i) requiring manufacturers to set up and maintain certain records.
Given the federal penchant for growth, or bloat, if you prefer, it seems commerce is in for another sizea.ble hassle with the federal bureaucracy. While the Commission is still being appointed at this writing and they have yet set no safety standards, it doesn't mean that they aren't going to when they finally get operating.
It doesn't appear that responsibility can be passed back to the manufacturer if the seller inadvertently offers an unsafe product. The act clearly sets the seller's responsibilities to inform the Commission if the product is (a) unsafe or (b) does not meet the standard set.
Like OSHA, which was also greeted initially with less than the seriousness it deserved, the new act is structured to invoke severe penalties. Fines up to $2,000 for each violation may be imposed in civil cases and up to $50,000 and one year in prison in criminal cases.
As the Commission is still gearing up, this is one problem area that you don't have to cope with today. But keep it in mind, it won't be too long before you begin to hear a great deal more about the Consumer Product Safety Act.