2011–2016 Draft Strategic Plan
Download
Report
Transcript 2011–2016 Draft Strategic Plan
ICPHSO – February 24, 2011
Orlando, Florida
Views expressed in this presentation are those of the staff and do not
necessarily represent the views of the Commission
1
Inside Compliance and
Field Operations
Office of Compliance and
Field Operations
Marc Schoem, Deputy Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
3
Inside Compliance and
Field Operations
Defect Investigations Division
Dean Woodard, Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
Division Director – Special Investigations
3 Team Leaders – Full Case Load
18 Compliance Officers (2 on the Safe Sleep Team)
1 Technician
Safe Sleep Team
Team Leader (General Attorney)
2 Compliance Officers
2 Compliance Attorneys
5
6
Fast-Track Program – Voluntary Recalls
Section 15 Investigations
Children's Hazards Team
Fire / Electrical Hazards Team
Mechanical Hazards Team
7
Fast-Track Recall Program
Initiated August 1997
Eliminates staff “preliminary determination” of
hazard
Acceptable consumer level recall within
20 working days of report
Reduces technical analysis (focus on notification and
remedy)
Does not preclude review for reporting obligations
Over 200 million products in more than 1800 recalls
8
No preliminary determination of substantial hazard
Removes hazardous products from commerce
Less liability
Less bureaucracy/red tape
Removes hazardous products quicker
Captures more products in the distribution chain
Saves lives
Reduces injuries
Nearly all recalls “voluntary”
CPSC has authority to issue administrative complaint
to compel recall
CPSC must prove product defective
Presents substantial product hazard
CPSC can compel repair, replacement, refund and
public notice
1.
Stop Production
Redesign/Repair/Disposal
2.
Stop Distribution
Replace/Repair/Disposal
3.
Stop Retail Sales
Replace/Repair/Disposal
4.
Consumer Notification
Replace/Repair/Refund
Incentives/Disposal
Inside Compliance and
Field Operations
Regulatory Enforcement Division
Mary Toro, Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
Chemical Team
Children’s Products (Toy) Team
Flammability Team
Mechanical Team
13
Division Director
4 Team Leaders – Full Case Load
16 Compliance Officers
1 Administrative Assistant
14
15
Consumer Product Safety Act
Federal Hazardous Substances Act
Poison Prevention Packaging Act
Flammable Fabrics Act
Refrigerator Safety Act
Virginia Graeme Baker Pool & Spa Safety Act
Children’s Gasoline Burn Prevention Act
16
CPSA Section 15
Reporting requirement for regulated products
CPSA Section 14
Non-children’s products rules: meet requirements and issue a
General Certificate of Conformity
Children’s products: must meet all applicable standards
Issuance of a certificate based on test by approved and
accredited third party test facility
Requires tracking label on product and its packaging
CPSC can compel repair, replacement, refund, and
public notice
1.
Stop Production/Importation
Recondition/Correct Future
Production/Destroy
2.
Stop Distribution
Recall to the Mfr./Importer
Recondition Inventory
Destroy
3.
Stop Retail Sales
Recall from the Consumer
4.
Issue Consumer Notification
Replace/Repair/Refund
Incentives for Returns
Inside Compliance and
Field Operations
Field Investigations Division
Dennis Blasius, Eastern Region Director
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
20
Field Investigators in over 48 locations around
the U.S., including Hawaii and Puerto Rico
Responsible for investigating product
incidents
Inspections of manufacturers, importers,
distributors and retailers
Market Surveillance (retail, import and
internet)
State and Local Activities Coordination
Outreach
Field investigation conducted
Compliance initiates contact with the
firm
Epidemiology conducts data search
Engineering performs testing (both
failure mode testing and performance
testing)
Preliminary Determination Made (not
Fast Track cases)
Negotiate Recall
Notification to Consumers
No longer a new challenge – many firms sell
their products exclusively from internet
websites
CPSC dedicates investigative staff to internet
surveillance, some full-time
Visit importer and wholesaler chat rooms,
group list-serves, and internet auction sites to
develop leads regarding retailers and
wholesalers who might be offering obvious
violative, recalled or dangerous products
28
29
6000
5000
4000
3000
2000
1000
0
2006
2007
2008*
2009*
2010*
* Totals now include Import Surveillance Division
Returns from distribution chain
Parts Orders
Consumer complaints, claims,
lawsuits/FEEDBACK
Life testing
Quality Assurance / Product
Improvement
Material Changes
Retailer Reports/Retailer Feedback
Incidents from CPSC Injury
Clearinghouse
Quarantine recalled products
Advise disposal method
Notify CPSC at :
[email protected]
CPSC verification of destruction/disposal
of returned products
Assure third-party contractors are following
program
Independent verification of third party
Monthly progress reports – focus on postrecall injuries
Conduct Recall Verification Inspection at
recalling company
Execute Recall Checks at points of sale
Conducted by CPSC and/or State
Investigators
Internet Surveillance Unit will continue to
identify any sale of recalled products
Report internet sales of recalled products
to: [email protected]
Inside Compliance and
Field Operations
Import Surveillance Division
Kathy Lisius, Compliance Investigator,
Savannah, GA
Views expressed in this presentation are those of the staff and do not necessarily represent
the views of the Commission
Created in February 2008
Division Director
3 Team Leaders
19 Field Compliance Investigators Co-located with
Customs and Border Protection (CBP) at major ports
of entry
2 Analysts located at Import Safety Commercial
Targeting Analysis Center (“CTAC”)
1 Analyst located at HQ
35
Samples
Violations
1,800
1,733
1,559
1,600
1,400
1,200
1,130
1,019
1,000
864
885
861
800
709
723
685
704
609
600
400
514
422
509
463
368
342
325
317
297
224
200
0
FY00
FY01
FY02
FY03
FY04
FY05
36
FY06
FY07
FY08
FY09
FY10
Product
refused admission shall be destroyed
unless …
Upon application by importer, Secretary of the
Treasury permits the export in lieu of
destruction
37
ITDS/ACE Integration
Risk Assessment
Methodology
Update MOU’s for
Information Sharing
HTS
Modifications
Detention Policy
Regulatory Updates
Importer Self AssessmentProduct Safety Pilot
(ISA-PS)
Certificates
not readily available
Goods not classified appropriately
Product detail not included on invoice
3rd party testing body not accredited by CPSC
Not signing up for ISA-PS
Not including the correct citation for each CPSC
Regulatory Requirement on certificate
Importing children’s upper and outerwear with
drawstrings – DON’T DO IT!
40
CPSC Sampling and Detentions
Specific statutory authority for sampling (15 USC 2066, 15
USC 1273)
Detained merchandise remains under CBP custody
CPSC Will Issue Notices of Detention
Notice will describe the suspected violation and the
statute governing that suspected violation; CPSC officer
contact information included
Notice issued to importer (cc: Broker and CBP)
Deal directly with CPSC
41
Detentions – Time Frames
Detention
notices to be issued as soon as possible
Recipient has 5 business days to provide information to
help resolve the detention; extensions can be granted
Policy is to try to resolve within 30 days
Detentions of shipments - both CBP & CPSC
Detention
notices will be issued by both agencies
If CBP seizes that will resolve the CPSC detention
If CBP resolves its detention in favor of the importer, they
will not release without resolution of the CPSC detention
42