Practical Implications of Electrical Product Safety

Regulation in Ontario

International Consumer Product Health and Safety Organization

Sixth International Meeting and Training Symposium

“International Cooperation on Product Safety”

October 26,27,28

Normand Breton, General Manager Product Safety

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Topics Covered

• Product Safety in Ontario— Regulation 438/07• Mandatory reporting requirements• Corrective action—including requirements for

public notification• Lessons learned• Questions

Regulatory Requirements

• Ontario Regulation 438/07

• Final Industry Guidelines for the Management of Electrical Product Safety (July 14, 2008)

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Mandatory Reporting

Reporting of Serious Product Incidents

Mandatory reporting requirements came into effect on July 1, 2008

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Mandatory Reporting

Steps to Assess Reporting Obligation

• Is the product regulated by the ESA?• Does the incident pass the reporting

thresholds?• Is the hazard “moderate” or “major”?• Is the user behavior “unreasonable”?

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Mandatory Reporting

REPORTING THRESHOLD:• “Incidents, accidents and defects” must be reported if “the

severity of actual impact passes the defined threshold for [or has the potential to cause] death or serious injury or substantial property damage.”

 

• “Serious injury” defined as “permanent impairment of a body structure, chronic health effect or any injury requiring hospitalization or professional medical treatment.”

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Mandatory Reporting

• “Substantial property damage” defined as “loss attributed to flame emitted from a product” or “an impact on building and contents ranging from partial to total loss.” Guidelines at 6.2.

 • Risk should be based on “reasonable user

behavior” except if there is a “known trend of unreasonable user behavior.” Guidelines at 6.5.

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Impact on Supply Chain

The Supply Chain: manufacturers, importers, brand owners, distributors, wholesalers, retailers.

• Required to submit a report to ESA about an incident, accident or defect which meets the minimum reporting threshold within a specified time frame as defined by the guidelines

Impact on Certification Bodies and FE Agencies

• CBs and FE agencies must report to ESA when

they become aware of a serious electrical incident, accident, or defect of an electrical product or device they certified or evaluated that affects or is likely to affect the safety of any person or cause damage to property

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Distribution of ReportsJuly 1, 2008 - July 6, 2009

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Distribution of Reportable IncidentsJuly 1, 2008 - July 6, 2009

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Distribution of Mandatory ReportsJuly 1, 2008 – July 6, 2009

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Distribution of Voluntary Reports

July 1, 2008 – July 6, 2009

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Distribution of Reports by Product TypeJuly 1, 2008 – August 25, 2009

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Assisting in the Investigation

Certification Bodies and FE Agencies:• Required to assist in an investigation when requested by

ESA.

• May provide input on the development of a corrective action plan when requested.

Manufacturers, importers, brand owners, distributors, wholesalers, retailers:

• May be requested by ESA to assist in an investigation regarding an alleged incident, accident or defect

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Corrective Action and Public Notification

The Supply Chain: manufacturers, importers, brand owners, distributors, wholesalers, retailers.

• May be required by ESA to undertake public notification or corrective action based on a risk assessment

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Corrective Action and Public Notification

• ESA posts recalls, safety alerts and flash notices on the ESA website (http://www.esasafe.com)

• Collaboration between ESA and Consumer Product Safety Directorate of the Department of Health of Canada

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Examples of Corrective Actions

Web based

Only recalls marked as “Post the Recall” are available to the public via the ESA web-page

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Lessons Learned

Corrective Action:

1. Manufacturers need to consider providing sufficient advance notice to ESA Product Safety staff

2. Must ensure that a Canadian contact and 1-800 number that works in Canada are in place

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Lessons Learned

3. Manufacturers and supply chain need to consider how they are able to identify and track product distribution within Canada independent of other North American distribution.

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Questions??