For Immediate Release
July 5, 2005 | For More Information, Contact:
Sen. Vicki Walker 541-954-0272 |
ADVOCATES FILE LEGAL ACTION AGAINST CONSUMER PRODUCTS SAFETY COMMISSION
Walker and Abel Request judicial review of CPSC's failure to act
EUGENE -- Greg Abel of Advocates for Safe Glass, Inc. (AFSG) and Senator Vicki Walker
(D-Eugene) announced they are preparing to file legal action against the Consumer Product
Safety Commission (CPSC) for its failure to enforce federal regulations enacted in 1977 to
protect the public against the dangers of wired glass.
The action will request judicial review of the CPSC's absence of discretion in failing to
implement the federal ban on use of glazing in doors that does not meet the CPSC impact test
standard, 16 CFR 1201. The action will be filed as a writ of mandamus under the Administrative
Procedures Act.
Wired glass does not meet impact standards adopted by CSPC in 1977, and is in fact more
dangerous than regular window glass because when broken, razor-sharp wires are exposed that
increase the severity of the injury. Because there were no other fire-rated glazing products
available at that time, wired glass, required for use in fire doors by state and local fire codes, was
granted a temporary exemption from the safety compliance standard.
The CPSC explained in a letter to the International Code Council on May 12, 2004, that the
wired glass exemption is very narrow and only applies when its use is required by fire codes and
ordinances. Despite the fact that wired glass is no longer required by building
codes enforced by state and local jurisdictions, the CPSC has not stepped forward to exercise its
jurisdiction over wired glass and stop its use at a national level.
"The CPSC has admitted it has jurisdiction over this dangerous product. They have the ability to
immediately issue safety advisories and a national recall to remove it from locations where it has
been used illegally for over a decade, and yet they choose to do nothing," said Senator Walker.
Their announcement is the latest in a series of steps taken by AFSG and Senator Walker to
advance the use of safe glazing products in lieu of wired glass in schools, athletic facilities, and
public buildings where it has caused serious injuries. As a result of their efforts, the states of
Oregon and Washington have changed their building codes to eliminate the use of wired glass in
new construction. AFSG was also successful in changing the 2006 International Building Code
(IBC), to ban the use of wired glass that doesn't meet the CPSC standard.
As Abel, Chair of AFSG, explained, "We were pleased the ICC agreed the model building code
needed to be changed, but the adoption of the IBC by state and local governments can take years,
unless states take emergency rulemaking actions, as the state of Washington recently did. The
CPSC, on the other hand, is able to take immediate action to stop the use of this product in every
state."
Walker and Abel met with the CPSC in October of 2003, providing a very detailed and
comprehensive presentation on the hazards of wired glass and why the CPSC should take action
on this matter. Frustrated by the slow response and historical failure of CPSC to take action after
that meeting, Sen. Walker and Mr. Abel traveled to Washington D.C. in May 2004 to meet with
members of the House Committee on Energy and Commerce; the Subcommittee on Commerce,
Trade and Consumer Protection; and the Subcommittee on Oversight and Investigations. The
committees have direct oversight over the CPSC.
In response to Congressional pressure generated from that meeting, CPSC promised to issue
safety advisories immediately, and to initiate recall actions to remove existing applications of
wired glass installed in violation of 16 CFR 1201. According to Walker and Abel, those
promises were made over a year ago, and nothing has been done.
"We are left with no choice but to force the CPSC into court to explain why it has not done what
Congress charged it to do--protecting the American public from dangerous consumer products,"
said Walker and Abel. "This is not something the CPSC has the discretion to avoid," said
Walker.
Abel emphasized that had the CPSC done its job years ago, as mandated by Congress, it would
have saved his own son from being injured in 2001. Abel formed the nonprofit organization,
Advocates for Safe Glass, Inc., shortly after his son, Jarred, was injured when his hand impacted
wired glass in a fire door at the University of Oregon.
"Mr. Abel and I have gone to CPSC and provided injury studies based on its own injury data,
showing that over 2,000 school children are injured a year as a result of the misuse of this
product," said Walker. As the court has previously recognized, "There is no requirement in the
CPSA [Consumer Product Safety Act of 1972] that before promulgating a safety rule the
commission Ôdevelop a precise body count of actual injuries' caused or likely to be caused by a
product under consideration." [Forester v. Consumer Product Safety Commission, 182 U.S.
App. D.C. 153, 559 F.2d 774, 788 (D.C. Cir 1977)].
Abel noted that several state court actions are now pending across the country brought by
individuals injured by wired glass.
# # #
|
|
|
