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Topics - 2009 AHAM Product Safety & Liability Seminar

CPSC and the CPSIA
A general update of the Commission 2009-2010, the progress on CPSIA, new regulations, including the database and penalty policy.  We have invited several speakers from the Commission, including Chairman Inez Tenenbaum. 

 

NFPA 921
This document, while not a standard, is the guideline for proper investigation of a fire scene and has been around for 14 years.  The 2008 version is quite different from previous ones and a large number of product liability cases now cite 921.  This session will explore the major changes and improvements to 921. 

 

Retail Industry Leaders Association (RILA) Product Safety Standards
Together with the British Retail Consortium (BRC), RILA has begun work on a set of global product safety standards for consumer products.  These standards go much farther than the traditional UL or IEC standards and encompass design, manufacturing processes, worker hygiene, product recall requirements, factory environment, etc.  RILA and BRC have proposed developing a certification and company audit system for manufacturers using ANSI accredited certification organizations.  Jim Neill, Vice President of RILA will explain the  development of North American standards and factory certification.

 

Lunch
We have invited CPSC Chairman, Inez Moore Tenenbaum as our guest speaker during Lunch on Tuesday during the conference. 

 

Litigation/Product Liability 101
A primer on the basics of the litigation process and product liability law.  This panel will explore the initiation of product liability litigation, how to prevent litigation, how to properly defend your company, the role of depositions and interrogatories, the differences between state and federal venue, evidence, use of “Daubert” challenges, and jury trial. 

 

CPSC and Customs
Since the signing of the CPSIA, the CPSC and Customs and Border Protection (CBP) have been working closely together to identify non-conforming products, and stop shipments of both counterfeit products as well as export of recalled products.  This Panel (including experts from CPSC and CBP) will  explore the benefits of this relationship and how companies can work together to facilitate rapid shipment and Customs clearance of imported goods. 

 

Is the future "Greener?"
How are claims about products or companies being “green,” “sustainable” or “recyclable” being interpreted?  What does the Federal Trade Commission guidelines say about environmental claims in our industry?  Has there been litigation on this issue?  How can companies protect themselves?  A panel of experts will explore the issue of “green” marketing claims, the law, the regulations under development, and how to prepare your company for this new world.

 

State Regulations on Consumer Product Safety
What does the CPSIA mean for pre-emption and state regulations?  Have any of the states followed up and issued CPSC-like requirements?  What does this mean for companies?   A panel will explore the impact of state consumer product safety laws and regulations on the appliance industry.  How can you be prepared?

 

Canada Product Safety Regulations

What will the new law in Canada mean to companies operating in North America?  What has been the reaction to ESA regulations, registration, and reporting requirements?  How are the rules about determining a reportable incident different between CPSC, Europe, the proposed Health Canada law, and ESA?  A panel of international safety experts will explore this topic.

 

Planning For and Executing Recalls

This topic includes the development of a plan for implementing recalls, including assessing when a recall is required; working with regulatory agencies; crisis communications; and managing the flow of information, especially in contemplation of future injury litigation associated with the perceived product defect.  A panel of experts will explore how recall execution will be different under the Tenenbaum administration.

 

Fire Loss, Explosion Loss and Other Claims Investigation

This topic includes how to respond to a fire loss claim and/or a claim involving alleged catastrophic injuries; whether and when to take witness statements; how to respond to insurance; how best to document the scene of the occurrence and involved instrumentalities; whether and when to involve experts, professional investigators and photographers/videographers, and so on.  A panel of experts involved in major fire/explosion losses will review several sides of this topic.


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