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Tip-overs are just one of the often overlooked, "hidden", or simply little known dangers to children.  Here, we explore all aspects of child safety, especially the current "hot topics" parents, grandparents, educators, and anyone who cares for a child needs to know about.  Raise your safety IQ!

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Give suggestions to a Government Agency on what their priorities should be?  Why yes I did, and you can, too!  Read what we suggested!

5/23/2024

5 Comments

 
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Every year, the U.S. Consumer Product Safety Commission has an "Agenda and Priorities" Hearing where anyone, including you and me, can present oral or written comments to the agency to let them know what you think their priorities should be for the coming fiscal year(s).  You can also provide feedback and suggestions on how they could essentially do their job more efficiently. 

I've submitted both oral and written comments for the past several years.  Now that we've finally gotten the agency to engage in rulemaking for Clothing Storage Units and have a mandatory Federal Law under the STURDY Act from the CPSC, this year, I submitted comments on behalf of Parents Against Tip-Overs with a focus on how the agency can improve the public's awareness of who they are and what they do. 

In case you were wondering, all comments are public and yes, they do read every one of them.  Here is the transcript of the comments I submitted this year on behalf of Parents Against Tip-Overs.   What do you think of our suggestions? 

Agenda and Priorities FY 2025 and/or 2026

Written comments submitted on Behalf of Parents Against Tip-Overs 
by 
Kimberly Amato, Vice Chair, Parents Against Tip-Overs

On behalf of Parents Against Tip-Overs (PAT), a nationwide coalition of parents who all lost children to furniture tip-overs, I’d like to begin by thanking the CPSC and each of the Commissioners for the opportunity to provide comments and suggestions from a consumer point of view on what the agency should focus on in the coming fiscal year(s).  

I’d also like to thank the Commissioners and dedicated CPSC staff members who have demonstrated in recent years exactly what the CPSC is capable of when it comes to truly protecting consumers, and especially children, through rulemaking, recalls, unilateral safety warnings, and engagement with all stakeholders on issues of consumer safety.  We hope this engagement and swift and decisive action continues. 

As both consumers and experienced parent advocates, PAT offers a unique perspective to the CPSC. We have several suggestions on what the agency's priorities should be both for tip-over awareness and prevention and more generally, including but not limited to improving the agency’s outreach, education, and communication with all stakeholders in the product safety space, and the very people you are trying to protect; average, everyday, American families.

Enforcement of the new mandatory direct final rule for clothing storage units (CSUs)
It has been more than seven months since the direct final rule for CSUs became effective, which is more than enough time for manufacturers/retailers to sell through inventory manufactured before the September 1, 2023 effective date. In fact, IKEA just announced on April 16th that they are now only selling CSUs compliant with the Federal mandatory standard and they were the first manufacturer and retailer to do so. 

We both request and expect the agency to devote and continue to devote resources toward vigorous enforcement of the CSU standard and by all means available to the agency to do so, including swift action should an incident be reported or a violation found.  We also expect information on reported incidents, whether they are with compliant or non-compliant CSUs to be made public as soon as possible. 

The Anchor It! Campaign
I have personally been involved with the Anchor It! Campaign since before it officially launched in 2015 and strongly believe it remains a vital safety campaign.  However, the sheer length of time it takes to make even minor changes to the Website, update visual assets, consistently create and/or post timely social media content, or effectively engage with and harness the collaborative and amplifying capacity of the Anchor It! collaborators clearly shows that the campaign is underfunded and lacking the staff resources to fully execute its mission.

PAT communicates regularly with the campaign and has provided numerous suggestions for the improvement and evolution of the campaign and its online and visual assets over the years, many of which have been incorporated, albeit far slower than we would like. We appreciate and value the collaborative relationship PAT has with the campaign and feel we provide much-needed information and feedback from the consumer perspective. We look forward to the continued growth and reach of the campaign.

Obviously, furniture safety is PAT’s mission and the agency is well aware that the new CSU rule does not eliminate or reduce the need to raise awareness about the importance of anchoring ALL furniture, TVs, and appliances to the wall to prevent a potentially deadly tip-over.  

We have also become aware that many Americans think the new CSU rule applies to all furniture or that only dressers pose a risk and now that there is a mandatory standard, there is no longer a need to anchor furniture to the wall.  Many still think tip-overs are only a concern if the furniture is heavy, “cheaply” made, tall, or if they have small children in the home.  

We all know that any unanchored furniture, regardless of its size, weight, height, design, or manufacturer has the potential to tip over and cause catastrophic injury or death.  We also know that most Americans still don’t anchor their furniture or TVs. All of these myths and misconceptions need to be more adequately addressed by the Anchor It campaign.

The most recent CPSC Tip-Over report indicates that tip-over injuries and deaths are still happening to older children and adults (which the new mandatory CSU rule does not protect) and that TVs as well as other types of furniture not covered by the CSU standard are also responsible for injuries and deaths.  Perhaps most alarming is that Americans over the age of 60 now represent 26% of tip-over fatalities! This demographic is not currently addressed by the Anchor It campaign and needs to be. 

In light of all of this, we have the following suggestions for the Anchor It Campaign.

Specifically, we suggest the Anchor It! Campaign expand it’s breath and depth to include:
  1. Continued diversity in messaging including those differently abled (with canes or walkers and in wheelchairs for example).
  2. A dedicated social media handle for the Anchor It! campaign to give it better name recognition and promote sharing of posts.  Pool Safely, another CPSC campaign, has its own social media handle, why doesn’t the Anchor It program?
  3. Develop clear and specific expectations and guidelines for Anchor It! Collaborators to encourage collaborators to actively promote the campaign, website, social media posts, and its assets through their organization with the CPSC’s desired talking points. Collaborators need guidance, tools, and clear expectations for their participation in the program. Namely, actively engaging with the campaign and amplifying social media and campaign messaging to their networks.  Simply adding their name to a list does nothing to protect the public from the clear and present danger of tip-overs, action is required!
  4. Actively seek collaborative opportunities with the furniture industry (AHFA, IKEA, and other manufacturer/retail organizations) the TV industry, and other child safety organizations like Safe Kids and the Injury Free Coalition for Kids to promote anchoring and the Anchor It! Program and drive traffic to the Web site. This is a perfect opportunity for the CPSC, consumers, and the industry to work collaboratively for consumer safety! 
  5. Actively promote the campaign in the media at other times of the year outside of the Super Bowl. Partnering with other organizations and promoting safety days/weeks/months that can be tied into the Anchor It campaign’s objectives would be an easy way to raise awareness and reach more consumers.
  6. Incorporate more men/father figures and grandparents in tip-over messaging focusing on the importance of anchoring for your children, grandchildren, and even protecting yourself (targeting elders).  This is something PAT has been asking the Anchor It! Campaign to do for quite some time now. IKEA has just launched a campaign doing exactly this and it’s fantastic.  The CPSC needs to either partner with IKEA and/or create similar content and it needs to be a priority, otherwise, as our population continues to age and live longer, that statistic about older Americans dying from a tip-over will continue to rise and that is unacceptable!
  7. We strongly suggest a new PSA featuring grandparents, a family practice physician, and a parent(s) to address the myths and realities of tip-overs and prevention as they exist today.  It can be a conversational piece or individual short PSAs that say the same thing from different perspectives that are pieced together into one PSA. 
  8. Develop a new video detailing how to anchor, with demonstrations of how to perform each step, how to account for different wall types, and address risks and benefits of certain anchoring components (metal vs. plastic and name brand vs. “knock off”).  IKEA has just created a similar video and it’s very engaging.
  9. Messaging around flat-screen TVs and that even though they are lighter, they still pose a significant risk of injury or death.  We suggest using a bowling ball analogy as it’s a powerful image nearly everyone can relate to.  A 10-pound TV is the same as dropping one bowling ball on a child’s head.
  10. Develop a new infographic with statistics and how to anchor (parents have overwhelmingly given us feedback that they like infographics best and are more likely to read them).
  11. Develop messaging around the secondhand market including how to find out if a product has been recalled.  This can be specific to Anchor It, but also more general messaging around the safety of second-hand products and what consumers need to be aware of and on the lookout for. 
  12. Updating the Anchor It! Website in the following ways
    1. Current statistics
    2. Prominent information about the risk of tip-overs to elders
    3. A link to saferproducts.gov on the home and other pages that captures the visitor’s attention “Have you ever experienced a tip-over, even if no one was hurt?  Please let us know, you could save a life!” 
    4. A prominent tab about recalls.  Not just a link to recalls.gov like the pop-up that already exists on other CPSC pages, but a tab that brings the visitor directly to a list that includes all furniture and TV-related recalls, not just CSUs, going back at least 15 years (most people keep furniture for a long time). 
    5. Updated pictures to reflect flat-screen TVs, grandparents, fathers, mothers, the differently abled, and including not only dressers/CSUs in scope, but also CSUs that are not within the scope of the mandatory standard, shelving units, wardrobe style CSUs, etc. 
    6. Making it much easier for visitors to find information about the collaborator program (how to join, what the expectations are, the benefits of partnering with the CPSC, how they can help report incidents and educate the public, etc.) and making toolkits available and sent via e-mail at least a few weeks ahead of the targeted publication of the social media assets so collaborators can plan to use and promote them.

General Communication 
The CPSC is tasked with protecting consumers from product safety hazards. Unfortunately, most Americans still have no idea the agency even exists let alone what the agency does.  If they have heard of the CPSC, most think the agency only issues recalls, because that’s what they hear in the news.  They are unaware of the other things the CPSC does to protect them nor are they aware of the numerous product safety resources available from the agency!  

There are several areas where we strongly feel the agency needs to devote resources to improve the public’s awareness of what the agency does, so the public can truly reap the benefits of what the agency has to offer.  

Likewise, the agency needs to do more to engage professional and medical organizations to educate them and improve incident reporting. Devoting resources toward educating the public about the role they can and should play in product safety through increasing awareness of the role of the Consumer Ombudsman and reporting incidents to saferproducts.gov are just some examples.

Data collection and sharing from outside sources
Incident data is key to protecting the public from product safety hazards. While the NEISS system is supposed to provide incident data representative of the entire country, we know that key data (incident reports) is being missed.  Data that can and should come from all hospitals, urgent care centers, medical examiners, and doctor’s offices.  We also know that there are countless near misses and minor injuries not accounted for in the NEISS data or direct reports to the CPSC either because they were never seen by a provider or because the provider didn’t know to report it. At best, the data the CPSC currently receives provides low-ball estimates of actual injuries and deaths.

Surely, injuries and deaths from tip-overs and other product safety hazards are going unreported because those in a position to report them simply don’t know they should be reported to the CPSC, or how and why to do so. The agency can and should do more to gather as much incident data as possible, for it will prevent even more injuries and deaths.  

For years PAT has been asking for the CPSC to devote resources to educating the general public about the agency and its programs while actively educating and collaborating with other groups and organizations in a position to improve not only the public’s awareness but also the timely and accurate reporting of incidents, injuries, and deaths from consumer products.  

Reaching these individual groups can be as simple as creating a general training resource (Webinar or YouTube video and an informational PDF/brochure) about programs like saferproducts.gov and the how and why of reporting product safety incidents, and then disseminating it to all of the relevant professional organizations on the state and national level so they can, in turn, share it with their members. Many of these resources already exist on the CPSC Website such as collateral about saferproducts.gov aimed at different professional groups, the MECAP program, collateral around recalls.gov, anchor it, and the Neighborhood Safety Network that can be easily and quickly updated and distributed.  There are also existing infographics that could be updated rather than created from scratch. This should not take a lot of time or money to execute and would aid the agency in doing its job more efficiently in the long run.

Unfortunately, because of the lack of awareness about CPSC, creating or reviving these resources isn’t enough, you have to bring the information to these other organizations and ask them to partner with the CPSC to distribute the information because it’s unlikely anyone will find it otherwise. When you know better, you do better, but first, they have to know! The CPSC Website indicates that there are product Safety Contacts in every state.  They are perfect partners in educational outreach efforts but it has to come from within the agency and be pushed out to safety partners and collaborators with direction and purpose! 

Partnering with relevant organizations and using your existing content and contacts lessens the burden on the agency while expanding the agency’s reach and improving incident reporting and consumer safety. 

At a minimum, the CPSC needs to actively connect with Physicians (pediatricians, family practice physicians, emergency room and urgent care staff), nurses, child/daycare providers, preschool teachers, Department of Public Health child and family service workers, organizations that work with elders (Assisted Living and Nursing Home organizations, AARP, the National Council on Aging), National child safety organizations like Safe Kids, and medical examiners and funeral directors.  

Collaborating with the local, state, and national trade organizations for each of these groups will exponentially expand the awareness of the role of the CPSC, the availability of the Consumer Ombudsman, how and why to use saferproducts.gov and other valuable agency safety resources.  It would also improve and expand timely and accurate incident reporting and provide additional avenues for vital safety information to reach parents, caregivers, and all those at risk for product safety hazards. The agency likely already has contacts with many of these National organizations or knows someone professionally who does. 

Agency Awareness and Engagement with ALL stakeholders
The CPSC has a huge awareness and image problem as not only the average American but many of the previously mentioned organizations, who can and should be reporting incidents to the CPSC, are often unaware the agency even exists, let alone all the agency does and provides for consumers. It’s long past time for the agency to actively engage with the public and stakeholders in a more personal, conversational, collaborative, and immersive way.

For a long time, only product manufacturers, attorneys, and those in Congress knew who the CPSC was and what the agency does. Those relationships were often quite adversarial and in many ways, still are. Consumers like us typically only find and engage with the CPSC because we experienced the very kind of tragedy the agency is tasked with preventing, yet the role of the consumer is vital to the agency’s success, ideally before any tragedy has occurred.

We strongly encourage the CPSC and product manufacturers/companies to address consumer safety collaboratively whenever possible. It shouldn’t take parents whose children died from a product safety hazard to spend years of their lives as advocates to be responsible for bringing everyone to the table and holding them accountable, the CPSC included, to facilitate product safety solutions that should have existed long before our children died. Yet that is so often the catalyst for rulemaking. PAT’s success in doing so, however, proves that such collaboration is not only possible but incredibly effective. It would be even better if consumer engagement and this collaborative approach happened before tragedy struck. We’ve paved the way, it’s time to follow the path. 

The CPSC shouldn’t have to sue companies to get their cooperation in a recall or to get an unsafe product off the market. Consumers should not have to sue companies who choose multi-million dollar lawsuit settlements as the cost of doing business over fixing the problem that resulted in a child(ren) losing their life. Nor should any company or industry wait to be backed into a corner by the threat of CPSC rulemaking or a bill that might just become law before they do the right thing or finally participate with all stakeholders to collaboratively identify and fix product safety hazards, rather than do so as soon as they are identified. 

There is an opportunity here and now to change the model and relationship between the CPSC and industry/ corporate entities and we encourage a more collaborative approach by all stakeholders going forward with all product safety hazards. Change can and should happen on all sides. 

It’s also important to continue to have technical staff members of the CPSC engaged in the development of voluntary consensus standards like those through ASTM. The knowledge and perspective they provide is essential and their presence fosters a positive relationship between the CPSC and the industries rather than an adversarial one. We hope it continues and grows.

Engaging with all stakeholders also means the Commissioners, communications staff, and certain other staff like the ombudsmen, need to get out and participate in conferences and conversations about safety Nationally and Globally more frequently.  Another important way the agency can and should engage with the public is through participation in podcasts, roundtable discussions, and other social and multimedia opportunities. The product safety world and the general public needs to get to know both the agency and the Commissioners more personally and effectively and through channels that already exist to do so. 

The agency’s participation at product safety conferences like ICPHSO (where there is an entire CPSC day that everyone looks forward to every year!), Safe Kids Worldwide, and others is vital to engaging with stakeholders in the product safety space and increasing local, national, and global awareness of what the agency is doing to keep the American people safe, how they do it, and the role every single person can play in helping the agency accomplish its objectives. It provides an opportunity to show what the CPSC has to offer all stakeholders, and to learn what others are doing in the product and consumer safety space. It’s an excellent opportunity to interact with and build trust and brand recognition with members of industry, other product and consumer safety professionals, and consumers and product safety advocates. We are all more effective when we work together and learn from each other! 

The CPSC should seek to expand these opportunities and where possible, participate in panel-style or round table discussions with other stakeholders relative to the product or consumer safety issues being discussed.  Ideally, CPSC members who attend conferences should stay for the duration, as it provides additional opportunities for engagement, networking with consumers and other stakeholders, and education, all vital opportunities for a small agency with a wide scope.

Engagement via social media and other safety organizations
While social media may have helped increase awareness of the agency’s existence, the safety messaging is still not reaching most Americans. Social media impressions mean nothing if you can’t measure positive action as a result. The agency must ensure the messaging is not lost in the delivery method. This has improved recently in the Twitter/X posts and we hope it continues.

There are simple things the agency can and should do to address these issues.  Some suggestions include: 
  • Informational videos on the CPSC YouTube channel about who the CPSC is and what the agency does, recalls.gov, and saferproducts.gov (one for each topic)
  • Informational video for consumers on the role of the Consumer and Small Business Ombudsmen with links to their respective pages on the CPSC Website and contact information
  • Add links to recalls.gov and saferproducts.gov to the landing pages of every other CPSC online resource (like the pop-ups that exist on some Website pages already)
  • Create social media content that would provide all of the above information to the public and other stakeholders.   

The agency should also proactively seek opportunities to engage with media in the local community as well as nationally. There are plenty of opportunities with Baby Safety Month, Burn and Fire Awareness, poison prevention, window safety, playground safety, older Americans month, Grandparent’s Day, Father’s and Mother’s Day, Water Safety Month, etc. The agency can do a lot more and reach a wider audience by partnering with other organizations and where possible, with parent and consumer advocates, on messaging around these dedicated product safety days, weeks, or months, and then inviting the media to report on them. 

The CPSC doesn’t have to reinvent the wheel, just work with the other existing spokes in the wheel collaboratively to send a louder and more comprehensive message and boost the public’s awareness of the CPSC in the process. 

Engaging with consumer and parent advocates
Consumer advocacy groups have long engaged with the CPSC, and opportunities exist for collaboratively educating the public on the role and scope of the agency and its resources with national consumer advocacy groups.

Through working with the members of PAT and other parent advocates, we hope the agency has realized the benefits of engaging with consumers and parent advocates.  Consumers, particularly parent advocates, offer a unique and important perspective to the agency, yet are likely unaware of the many ways they can engage with the agency, and more needs to be done about that. 

Often, parent advocates like those of PAT, have done extensive research and have a greater depth and breadth of knowledge about their product safety passion than many other stakeholders, and often, a social media following that can provide valuable information to the agency, including important data.  Consumer and parent advocates can also distribute product safety information to the public on behalf of the agency. The relationship between PAT and the Anchor It! campaign is a perfect example of the benefits of such a collaboration.

Conclusion
In closing, the CPSC is a small but mighty agency with a broad scope and a life-saving mission to protect consumers from product safety hazards. The agency needs significantly increased funding to do the job it has been tasked with. However, there is a lot that the agency can and absolutely should do right now with the existing Website content and marketing collateral, and by leveraging the many opportunities for collaboration and amplification of its safety messaging. The things we’ve suggested in these comments should not require a tremendous amount of time or money, just prioritization by the agency to do a better job educating and engaging with the very people whom the agency is tasked with protecting. It will make us all safer. 

The great safety resources the agency already has and those it needs to pursue and improve are useless if the agency doesn’t devote the time and personnel to ensure the public knows the agency and the resources exist!  We look forward to how these suggestions are incorporated in the coming year(s).

Thank you.



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5 Comments

It took how long to get the (furniture) industry, the CPSC, and Congress to adequately protect kids from tip-overs?  Here's the 20 year timeline - a study in the benefits of the persistence of parent advocates.

3/24/2024

1 Comment

 
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This December, it will be 20 years since my daughter Meghan died from a dresser tip-over.  TWENTY YEARS. I quite literally started advocating for anchoring furniture and tip-over prevention the day she died. 18 years after the day I buried her, and just 3 days before Christmas in 2022, President Biden signed the STURDY Act into law and one of the promises I made to her the day she died had finally been honored. 

Twenty years of advocacy and research has made me a subject matter expert on all things furniture tip-over. I truly believe that there is likely no one on the planet that has the depth and breadth of knowledge on the history and evolution of furniture tip-overs than I do. I've done it all as a labor of love and it's easily added up to another full time job for many, many years.

My goal was simple, to prevent any other family from knowing our pain.  To be honest, I thought it would be a hell of a lot easier than it was, but I quickly learned that the very people with the power to fix the problem, before and after my Meggie died, failed to do so for far too long. So I was determined to hold them accountable.  The game changed when Parents Against Tip-Overs formed in 2018.  We were determined to call out the failure of all stakeholders to do their job for decades, hold their feet to the fire, and not only insist on fixing the problem, but we were going to part of the solution. 

I'm often asked about the timeline when I talk about how long it took to get a law passed and mandatory Federal safety and stability standard for dressers and other clothing storage furniture passed.  So here it is. Complete with links where I felt they'd be helpful. Of course, there is a LOT more behind each of these bullet points, much of which I've written about previously, but if you have questions or want more information, feel free to message me. 

Tip-Over Historical Timeline
A brief history of the relationship between the ASTM furniture safety subcommittee’s updates to the voluntary Clothing Storage Unit (CSU) standard, CPSC action, and Federal legislation and how things changed when Parents Against Tip-Overs formed in 2018.

  • 1990’s - CPSC identified furniture and TV tip-overs posed a danger of injury and death to children - safety alerts issued
  • 1998- The ASTM furniture safety subcommittee was formed to create a voluntary safety standard for clothing storage furniture and a provisional specification was issued
  • 2000 - the first ASTM F2057 specification was first issued, citing statistics from 1994
  • 2004- ASTM F2057 revised only to say test weights had to be wrapped in polyethylene
  • December 18, 2004 - My 3 yr old twin daughter Meghan died from a dresser tip-over
  • April 2005- The Katie Elise and Meghan Agnes Act, H.R. 1861, was introduced in the U.S. House of Representatives with 45 bipartisan cosponsors.  It never got out of committee.
  • Dec 2007- The Katie Elise and Meghan Agnes Act H.R. 4266 was re-introduced in the next session of Congress to the U.S. House of Representatives with 11 bipartisan cosponsors.  It never got out of committee.
  • 2008- the CPSC begins publishing annual tip-over reports 
  • 2009- ASTM F2057 was revised for the second time 
    • Tip-over restraints were to be included and withstand a 50 lb pull force with installation instructions
    • Warning label (2 more revisions in 2009 had to do with warning label only)
  • 2014 - ASTM F2057 revised primarily to reference the new standard for tip restraints also created in 2014 (F3096), and to clarify language regarding testing procedures
  • 2014- ASTM F3096 specification for tip-over restraints used with CSUs was established and referred to in ASTM F2057
  • 2015- CPSC launches Anchor It! Campaign.  Kim, Lisa, and Keisha from PAT were in PSA called “Real Moms Urge You to Anchor It!”  Kim from PAT has continued to work closely with the campaign and meets quarterly with the campaign as a collaborator and advisor
  • June 2016- The STURDY ACT H.R. 5442 was first introduced to the U.S. House by Congresswoman Jan Schakowsky, with no cosponsors.  It never got out of committee (that session of Congress ended in December of 2016)
  • June 2016- The STURDY Act S. 3046 was introduced to the U.S. Senate by Senator Bob Casey with 2 cosponsors, but never got out of committee
  • 2017- ASTM F 2057 revised to clarify language around warning label
  • November 30, 2017- CPSC issues an Advanced Notice of Proposed Rulemaking (ANPR) for CSUs
  • November 2018: Parents Against Tip-Overs (PAT) formed and visited every CPSC Commissioner, became voting members of the ASTM F2057 committee, and started attending those ASTM meetings in person.  We were also filmed for the Netflix series Broken: Deadly Dressers. 
    • This is when the tide toward a strong, effective, mandatory standard started to shift! 
    • Our involvement with the CPSC and ASTM and our relentless efforts to advance the ASTM voluntary standard, pressure the CPSC to pursue rulemaking (create a mandatory testing standard), and actively lobbying Congress to pass STURDY, catalyzed everything that happened since.
  • April 2019- The STURDY Act H.R. 2211 was introduced to the U.S. House by Congresswoman Jan Schakowsky with 23 cosponsors and passed with a voice vote on Sept 18th and was referred to the Senate.
  • June 2019- The STURDY Act S. 1902 was introduced to Senate by Senator Bob Casey with 15 bipartisan cosponsors but did not get out of committee
  • 2019- ASTM F2057 was revised to drop the height of CSUs covered by the standard to 27 inches and above (it was previously 30 inches and above), defined nightstand, but did NOT pass a proposed 60lb test weight (it remained at 50 lb)
  • Feb 24, 2021- The STURDY Act H.R. 1314 was introduced to the House by Congresswoman Jan Schakowsky (for the 3rd time in 3 sessions of Congress!) with 22 cosponsors
  • Feb 25th, 2021 The STURDY Act S.441 was introduced to the U.S. Senate By Sen. Casey 
  • June 23th, 2021- STURDY passed the House with a roll call vote and was referred to the Senate
  • November 18, 2021 S.3232, the STURDY Act was referred to the Senate committee for Commerce, Science and Transportation
  • November 2021- At the ASTM F15.42 committee meeting in NC, the industry came prepared to show us and the rest of the committee the new stability tests they had developed based on the CPSC’s NPR to address a 6yr old child’s weight, loaded and multiple open drawers, the effects of carpeting, and dynamic force and prepared demonstrations for us.  Tests we’d been asking them to develop for years. That meeting was where the first discussions about collaborating on STURDY began.
  • February 3, 2022- CPSC issues NPR for CSU
  • March 10, 2022- The turning point for STURDY!  After nearly a year of frequent meetings with all stakeholders and many members of the Senate, PAT, Consumer Reports, Consumer Federation of America, Kids in Danger, IKEA, AHFA, and representatives from multiple Senate Commerce Committee member offices met in person in the Senate Commerce Committee room to finalize the language of the STURDY Act.  It was agreed that this new text would be put forth to the Senate Commerce Committee “in the nature of a substitute” for the formerly introduced STURDY Act. For the next few months all stakeholders actively lobbied members of the Senate, particularly Republican members,  asking their support of STURDY both to report it out of committee favorably and in favor of it on the full Senate floor.
  • May 11, 2022- Senate Commerce Committee ordered the STURDY Act to be reported in the nature of a substitute favorably to the Senate floor (edited language from the original version approved by PAT and other stakeholders)
  • September 29, 2022- STURDY passes the Senate with unanimous consent!!!
  • October 19, 2022- STURDY referred back to the U.S. House (due to changes in text) Unfortunately, due to scheduled recesses, and some small tweaks to the language made in the House, there was not enough time to send it back to the Senate, so it’s only vehicle for passage was via the Consolidated Appropriations Act.
  • November 25, 2022- CPSC publishes the CPSC final rule for CSUs, with an effective date of May 24, 2023. 
  • December 5, 2022, the AHFA filed lawsuit seeking to get that final rule thrown out in court and the effective date stayed.  You can read the AHFA’s statement here. They did not want this to be the mandatory standard, citing it was too hard to comply with and the tests were not repeatable with reliability among other reasons.
  • December 23, 2022, the STURDY Act passes both House and Senate (as part of HR 2617 The Consolidated Appropriations Act of 2023)!!  (STURDY is on pg 1094-1097 of the PDF version)
  • December 29, 2022, President Biden signs STURDY Act into law!! 
  • February 6, 2023, ASTM F2057-23 (voluntary standard for CSUs) was updated and published and included significant testing updates that addressed real-world use and were detailed in STURDY and negotiated by PAT, the AHFA, IKEA, Consumer Reports, Kids in Danger, and CFA and the other members of the ASTM F15.42 Furniture Safety Committee.
  • February 2023- The focus at the ASTM F2057 sub-committee meeting turns to updating the companion anti-tip device/furniture anchor standard, ASTM F3096, that is referenced in the now mandatory F2057-23
  • April 19, 2023 - The CPSC approves ASTM F2057-23 as the new direct final rule (mandatory Federal testing and stability standard for CSUs/clothing storage furniture) under the direction of the STURDY Act in a 3 to 1 vote. You can watch the decisional hearing on YouTube here and read the individual CPSC Commissioner’s statements here. 
  • May 4, 2023- CPSC publishes the Direct Final Rule: Safety Standard for Clothing Storage Units in the Federal Register with an effective date of September 1, 2023. 
  • September 1st, 2023 - ASTM F2057-23/CPSC direct final rule becomes effective and enforceable as a mandatory Federal standard under the STURDY Act.  You can find all pertinent information here:https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Clothing-Storage-Units
    • IMPORTANT: This means all CSUs manufactured after September 1st, 2023 must comply with this standard.
    • Manufacturers/retailers are allowed to sell through inventory manufactured before September 1st, 2023.  We do not know how long that will take so it’s vitally important consumers ask when the dresser/other clothing storage furniture they are purchasing was manufactured to determine whether or not it’s compliant with the new safety standard.
    • This also means the CPSC has the regulatory authority to enforce this law and we know it is a priority of the agency to do so
  • May 6, 2024-  ASTM F3096 updated only to include a 60 lb static test weight to match F2057
    • Several task groups are working on further updates they include:
    • Updating installation instructions
    • Material interactions which is working on determining aging/conditioning tests to simulate the impact of time and environmental conditions on the effectiveness/strength of the component materials of anti-tip devices/furniture anchors.  The goal is to establish minimum testing requirements the plastic, metal, and strapping components of a furniture anchor must pass BEFORE the static/dynamic tests are applied.  It should weed out most inferior or ineffective materials that are prone to failure. (Kim from PAT is the task group chair of this task group)
    • Static force testing of the entire furniture anchor/anti-tip device (updating the existing test)
    • Dynamic testing of the entire furniture anchor/anti-tip device (would be a new test)
    • Scope of the standard, what it will and will not cover
  • January 11, 2024 - Millions of plastic zip tie anchors recalled by the CPSC and Alliance4Safety.  They were made by New Age Industries and voluntarily recalled in collaboration with 30+ manufacturers who included them with CSUs, due to reports of the plastic becoming brittle and breaking, potentially causing failure to prevent a tip-over. These were sold with CSUs by at least 31 manufacturers since 2019.
  • February 8, 2024- The newest CPSC Tip-Over Report is released 

So what's happening now?

PAT remains very involved in the ASTM furniture safety committee and continues to pressure the CPSC to actively and aggressively enforce the new mandatory standard for CSUs.  We continue to work with the furniture industry, the CPSC, and other consumer advocacy groups to educate the public about the dangers of furniture tip-overs and the importance of anchoring all furniture to the wall.  We have literally moved mountains and accomplished so much, but our work is not done. 

If you'd like to help PAT reach out and let us know.  If you'd like to learn more about us or donate to support PAT, please visit our website at www.parentsagainsttipovers.org.  Thank you! 
1 Comment

It's been 6 months since the new mandatory Federal safety and stability standard went into effect for dressers and other clothing storage furniture under the STURDY Act.  So how do we know it's working?

3/23/2024

1 Comment

 
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On March 1st, it was 6 months since the new mandatory Federal safety and stability standard for dressers and other clothing storage furniture, ASTM F2057-23, as per the STURDY Act law (pg 1094-1097), went into effect. The effective date was September 1, 2023.  So what has happened in the past 6 months and how do we know the new law is working?

What has happened in the past 6 months?

The new mandatory standard requires that all clothing storage furniture (CSUs) manufactured after 9/1/23 comply with ASTM F2057-23. 

Parents Against Tip-Overs (PAT) made no secret of the fact, from the day the updated ASTM F2057-23 furniture safety specification for clothing storage furniture (CSUs) was published on February 6, 2023, (and still only voluntary at that time) that we expected, at a minimum, the AHFA member companies, who had worked with us on updating the standard since the AHFA members first showed us the new tests in November of 2021, immediately comply with ASTM F2057-23.  There was no reason they shouldn't have already been producing and selling compliant CSUs by February 2023, as they had already been following the previous ASTM standard and were well aware of the changes that were in the newly updated standard, since they were heavily involved in developing them.

Some manufacturers did the right thing, prepared to make whatever changes were necessary to comply, and were selling ASTM F2057-23 compliant CSUs in early 2023, but not everyone was.

On April 19, 2023, the CPSC voted to make ASTM F2057-23 the new mandatory standard under the STURDY Act, and we again made it clear that we expected immediate compliance from all manufacturers as it would soon no longer be voluntary. There was no need to wait until the effective date of September 1, 2023, to start producing and selling CSUs compliant with the new standard. We know some were already shipping compliant CSUs but we didn't get much in the way of transparency about if or when they expected to be selling only compliant CSUs, even when we asked manufacturers straight out. 

The reality is many manufacturers, especially those who were not a part of the AHFA or who manufacture furniture overseas for sale in the U.S., didn't follow ASTM F2057 when it was only a voluntary standard, and some had very little or no awareness of the voluntary standard, let alone that this law was coming, so they had a lot to learn and change in their design and manufacturing processes in a relatively small amount of time.  They have no one to blame but themselves because the responsible thing to do as a manufacturer of CSUs would have been to follow ASTM F2057 when it was voluntary (since 2000!), and stay up to date on the regulatory landscape for the countries in which they sell furniture! 

To their credit, many of the labs that test CSUs for compliance put together comprehensive training sessions for those customers who needed to learn about the new stability tests and how to conduct them, along with the labeling and anti-tip device requirements of the law. The CPSC also offered training and a resource page for manufacturers, retailers, and interested parties to learn about the new law and how to ensure their products were compliant.

What PAT has done
We have worked hard to educate consumers as best we can about this new law and that retailers were allowed to sell through the existing inventory of CSUs that were not compliant with the new law, which could take many months because we have no idea how many CSUs are in inventory.  We anticipate that "old" inventory should be depleted or getting pretty low for most manufacturers/retailers at this point. If they are not already shipping and only selling only compliant CSUs, they should be very soon.

We also made it clear we not only wanted manufacturers, retailers, and the CPSC to do a better job alerting the public about this new standard but that we wanted retailers educated about it so they could have appropriate conversations with customers who may come in asking about manufacture dates and whether or not the furniture they were considering purchasing was compliant with the new law. We did this by having multiple meetings with key stakeholders including the AHFA, IKEA, RILA, the CPSC, and the HFA, as well as through social media posts, guest articles/letters to the editor, media interviews, and press releases. 

We are continuing to educate anyone and everyone as there are several myths and misconceptions out there about this new law.  Here's what is most important to know about the new law:
  1. This new law ONLY applies to dressers and other clothing storage furniture (like armoires and wardrobes), 27 inches and taller, sold in the U.S., that fall within the scope of ASTM F2057-23. 
  2. It is also only designed to protect children up to the age of 72 months, and we know adults, and especially a growing number of elders are injured and killed by CSU tip-overs every year.
  3. This new law does NOT apply to any other kinds of furniture, including dressers and nightstands under 27 inches in height. Nor does it apply to any other furniture with drawers, doors, and shelves (extendible elements) that are outside the scope of ASTM F-2057.
  4. It's likely that some manufacturers and retailers are still selling old inventory that does NOT comply with the new law.  The only way you can tell is to look at or ask for proof of the date of manufacture, which will be after 9/1/23 to be compliant with the new law.
  5. It remains vitally important that you secure ALL furniture, especially furniture with drawers, doors, and shelves properly to the wall.  Period.  While this new law will certainly significantly reduce the risk of tip-over injuries and deaths from CSUs covered by the standard, ALL furniture still has the potential to tip, and children older than 72 months, adults, and elders are not protected by this new law.

What Manufacturers have done to comply
Manufacturers have been forced to innovate and come up with new designs so their CSUs can pass the new stringent stability tests.  Some added interlocks to drawers, allowing only one drawer or every other drawer to be opened at a time, but not all drawers. Some added weight to the back of the CSU to make it heavier in the back and therefore more stable.  Some redesigned existing CSUs or changed materials.  Others came up with some great innovations. 

One manufacturer we'd like to call out and applaud for their innovative and collaborative approach to safety and stability is IKEA. They announced an innovative design called Anchor and Unlock and then, did something no company is ever typically willing to do, they released the patent so other manufacturers could adopt the same technology to create a safer CSU and promote anchoring this particular dresser to the wall! It works via a unique interlock system.  If the dresser is left freestanding, the consumer can only open one drawer at a time.  But if they use the integrated metal wall anchors, once secured to the wall, it disengages the interlock and multiple drawers can be opened at once. It's brilliant and gives the consumer two choices, both of which significantly protect children from a deadly tip over. 
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IKEA VIHALS dresser with Anchor and Unlock innovative anchoring system
We look forward to seeing more of the design innovations and encourage manufacturers who are currently selling only compliant CSUs to let us know so we can share with our followers and drive business your way! 

What the CPSC is doing to ensure compliance
The CPSC has the regulatory authority to enforce this law. The agency has an entire compliance team tasked with enforcing the many safety rules and regulations the CPSC enforces.  The CPSC Chairman Alex Hoehn-Saric has made it clear in public remarks that enforcement of this new furniture safety law is a priority for the agency. We assume that enforcement action has already begun and we've made it clear to the CPSC that we expect them to aggressively enforce this new law immediately if they are not already doing so, and for many years to come, not just now.

How do they enforce safety laws like this?  We believe there are several ways they could and they include:
  1. Spot checks at ports of entry.  The vast majority of furniture sold in the U.S. is manufactured overseas, often in China or Vietnam.  It is then shipped to the U.S.  The CPSC has border/port agents who can check for regulatory compliance of items that come through ports of entry. 
  2. Purchasing and testing CSUs.  Especially if there is a suspicion or report of possible non-compliance or a report of a tip-over incident involving a particular CSU.
  3. Going into retail stores and checking to see if the furniture on display or in inventory has a manufacture date after 9/1/23.
  4. Surprise or spot checks in manufacturer showrooms or storage warehouses
  5. Perhaps other ways we are unaware of

How do we know the new law is working?

Honestly, it will be several years before we know if it's working. It will take several years of new incident data to determine how much of an impact this new law will have on tip-over injuries and deaths to children 72 months of age and younger.  

In the meantime, the CPSC will be exercising the regulatory authority to enforce this law.  Honestly, we expect broad compliance, but we know there may be bad actors, most likely overseas manufactures not affiliated with U.S. companies, who may try to game the system and hope they don't get caught.  Eventually, though, they will get caught.

We will continue to pressure all parties not only to comply with the law, but to do more to educate retailers and consumers about the importance of anchoring ALL furniture to the wall, because the vast majority of companies that sell bedroom furniture also sell other types of furniture not covered by this law.  If they truly care about consumer safety, there is a lot more they can be doing on their Websites, in their showrooms, and on social media to educate and protect consumers from tip-overs. Visit www.anchorit.gov to learn more about why and how to #AnchorIt 
1 Comment

They listened to Meggie!  STURDY is law! We have a MANDATORY dresser and clothing storage furniture safety and stability that was effective 9/1/23!!

12/18/2023

6 Comments

 
This copy of The STURY Act hangs in my home office
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It's been a while since I've posted, and I began this post on Meggie's Angel Day in 2023, but it's for good reason! For most of 2022 and all of 2023 I spent nearly all of my "free" time busting my ass along with my fellow Parents Against Tip-Overs (PAT) to relentlessly push the CPSC to pursue rulemaking (creating a mandatory standard under their regulatory authority) for clothing storage furniture, the ASTM furniture safety subcommittee to make long overdue and meaningful stability testing requirements to the voluntary furniture safety standard for dressers and other clothing storage furniture (CSUs), and lobbying Congress to pass the STURDY Act.

It was a massive labor of love on the part of myself and fellow PAT chair Brett Horn and PAT Director Janet McGee and numerous other tip-over parents who shared their stories, their time, and their passion to put an end to tip-over injuries and deaths to children. 

Now that I've had time to process everything and recover emotionally, mentally, and physically from an intense few years, and 2 decades of advocacy to get to this day, I want to briefly share how it happened.  It was not easy, but it is also a fascinating study in what it takes to get a law like this passed.  We shattered expectations, perceptions, and quite literally, made the world, and YOUR children and grandchildren, safer. 

WE DID IT!
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We actually accomplished what was once thought impossible.  After more than 20 years of industry resisting significant improvements to the ASTM furniture safety standard (ASTM F2057).  After more than 25 years of the CPSC failing to pursue rulemaking despite knowing about this clear and present danger to children in homes since the 1990s. And Congress failing to act on multiple bills introduced to the U.S House of Representatives and the Senate over the past two decades that would have forced a mandatory safety and stability standard for dresser and other clothing storage furniture, a couple of pissed off parents called them all out and moved the mountain we never should have had to move in the first place! 

On December 29th, 2022, President Biden signed The STURDY Act into LAW! It was a bittersweet day, for the day would never had come were it not for PAT's tireless advocacy and relentless pressure on all stakeholders to take accountability for the child safety issue they should have and could have fixed decades ago. 


​How did we do it?

Well, it would take a novel for me to explain it in detail but in a (large) nutshell, here's how we did it.
  1. We did our research, thoroughly.  To the point we collectively became the subject matter experts on all things tip-overs.  While each entity presumably knew their "story", we learned all of them, their history, and accessed information they didn't even have, simply by asking the right questions.  You won't find what you aren't looking for...
  2. The PAT parents formulated a plan and worked together.  Everyone of us brought different knowledge, strengths, and experiences as well as connections to the table.  We are all well-educated, well-spoken, and were all relentless advocates individually.  When we got together, our song became a chorus.  We all had roles that suited our strengths, but we worked together, like a marathon relay team. We were were persistent, knowledgeable, and determined.
  3. We sought mentorship and collaboration with other advocates.  From other parent advocates to well-known and established consumer advocacy organizations like Kids in Danger, Consumer Reports, and the Consumer Federation of America.  They were incredibly gracious in listening to our stories, our vision, and answering our questions.  They mentored and guided us and eventually, we took the reins and led the charge.
  4. The CPSC FINALLY issued a notice of proposed rulemaking (NPR) for dressers and other CSUs on February 3, 2022. This sent the furniture industry into a frenzy because it sent the message loud and clear that this Commission was serious about creating a mandatory standard under their own regulatory authority because the ASTM furniture safety committee tasked with improving the voluntary standard had failed to do so, despite PAT pushing them to do so.
  5. Because the furniture industry did not like the CPSC's NPR, claiming the tests were overly complicated, too hard to replicate repeatedly or reliably and therefore would be difficult to enforce, it finally inspired them to do what they should have done decades earlier, and develop their own safety and stability testing, which was based off of the tests proposed in the CPSC's NPR and addressed the real-world causes of CSU tip-overs.
  6. All stakeholders, including the furniture industry and PAT, submitted comments on the NPR to the CPSC on what we felt about the proposed rule.  Many of those comments were taken into consideration before the Final Rule was published.
  7. Some members of the AHFA/ASTM furniture safety subcommittee presented the tests they designed to the rest of the committee and PAT in November of 2021 complete with a live visual demonstration with several dressers. They were clearly seeking our approval and we were both impressed and encouraged by this sudden shift, though not surprised.  We anticipated a side effect of pushing the CPSC to issue a NPR would be that industry would finally step up to do the right thing.  At the time, we were certain it would be the only thing that would.  Even though we knew they were making this change so they could better control the test methods, the bottom line was they were finally doing the right thing, even if it was initially for the "wrong" reason. 
  8. Initially, the furniture industry and the AHFA lobbied hard against the STURDY Act.  They wanted complete control and the CPSC's rulemaking nor a law was going to give them the total control they wanted and had enjoyed since the ASTM furniture safety committee was established in 1998!  This is why PAT pushed hard and simultaneously for both the CPSC's rulemaking, improving the ASTM F2057 standard, and the STURDY Act! We knew better than to put all our eggs in one basket! 
  9. The first member of industry to collaborate with us on the STURDY Act was IKEA.  I will write more about IKEA in a future blog post, but suffice it to say they were the face of the tip-over problem for years and the rest of the furniture industry was more than happy to let them take all the blame for the tip-over problem, even though they all knew full well, IKEA tip-over deaths were a very small fraction of all tip-over deaths.  IKEA was just a well-known company that made several poor decisions in the aftermath of fatality reports from several brands of their dressers and paid a hefty price literally and figuratively.  In fact, IKEA dressers had killed the children of 3 of the PAT parents!  We invited them to the table to collaborate with us on STURDY and they proved to us that they wanted to be part of the solution to the tip-over problem.  If the parents whose children were killed by their dressers could sit across the table from them and work together on a solution, there is absolutely no reason why the rest of the industry, the CPSC, and Congress can't do the same! 
  10. As it become more and more clear the CPSC was serious about issuing a final (mandatory) rule, the ASTM committee, made up mostly of AHFA and industry members, began working with PAT and the consumer advocacy groups more collaboratively to improve the voluntary standard.  They seemed to realize that the balance of power had shifted and the PAT parents were holding the reins on STURDY.  We invited them to collaborate with us on STURDY but made it clear there would be compromise.  
  11. The CPSC did pass and publish a final rule on November 25th, 2022.  The AHFA/furniture industry immediately filed a lawsuit to stay the effective date and get the whole rule thrown out in court.  This is exactly why PAT didn't put all our eggs in the CPSC's basket! 
  12. Suddenly, STURDY became as attractive to the rest of the furniture industry as it was to us.  After months of back and forth on the language of the bill, all the key stakeholders got in a room together and hammered out what is now the language of the STURDY Act. It had passed the House easily almost a year earlier, and then, the Senate!  Because changes were made it had to go back to the House, where much to our surprise, the original bill sponsor in the house, Congresswoman Jan Schakowsky, pushed back.  She didn't understand this was what we had ALL agreed to, including the parents of PAT!  It was a little insulting really, that she thought we'd somehow been tricked by industry.  We were well aware of what was compromised on all sides, but we strongly believed it would save lives and it was the best and perhaps the only way, to guarantee a strong, effective, and mandatory safety and stability standard.  It took us a while to convince her of that, and a few small tweaks were made that she insisted on, but then it was too late in the session for the bill to go back to the Senate.  
  13. Our only hope at that point, was for the STURDY Act (page 1094-1097) to become part of the end of the year Omnibus bill.  It was not the way we wanted it to happen.  We wanted it to pass as a stand alone bill, and it should have, but the bottom line is that on December 23, 2022, it passed Congress as part of the Omnibus bill.  Best. Christmas. Gift. Ever.  It came the day after the anniversary of Meggie's funeral.  THEY FINALLY LISTENED TO MEGGIE!  I cried ugly, bittersweet tears when it finally hit me. 
  14. President Biden signed the STURDY Act into law on December 29th, 2022.  
  15. On February 6th, 2023, ASTM published ASTM F2057-23.  The voluntary standard that the CPSC was now tasked with evaluating to see if it met the requirements of STURDY.  We believed it would.
  16. On April 19th, 2023, the CPSC voted 3-1 to adopt ASTM F2057-23 as the new Federal mandatory CSU safety and stability standard. Only one Commissioner voted against it and I will have more to say about his statement in a future post
  17. The new Federal final rule under the STURDY Act went into effect on September 1st 2023.  Requiring that all dressers and other clothing storage furniture (like wardrobes and armoires) manufactured after 9/1/23 and that fall under the scope of ASTM F2057-23, must comply with that standard.  It is no longer voluntary, but a mandatory standard with stability tests that address the most common causes of tip-overs and will protect children up to 72 months of age with a 60lb static test weight. Those tests include multiple open drawers/doors/extendible elements, the weight of clothing in the drawers, the effect of carpet, and a simulated horizontal force to simulate forces created when a child interacts with a dresser/CSU. It also has labeling requirements alerting the consumer about the risk of tip-overs and requires that all CSUs come with an anti-tip device.

*** As of the date of this post, there are still some non-compliant CSUs, made before 9/1/23 being sold because the manufacturers and retailers were allowed to sell through their existing inventory. Consumers should ask when the CSU was made when making a purchase to ensure they are getting one compliant with this new Federal law.***

It's important for consumers to realize three things
  1. This new law/mandatory standard ONLY applies to dressers and other clothing storage furniture 27 inches in height and above made after 9/1/23. 
  2. It does NOT apply to any other kinds of furniture, furniture under 27 inches in height, or furniture not covered in the scope of ASTM F2057-23.
  3. It's still vitally important to anchor ALL your furniture, especially furniture with drawers, doors and shelves to the wall as anchoring remains the best and truly only way to prevent a potentially deadly tip-over. (more on this in an upcoming post)

So what's the bottom line?
Make no mistake. The STURDY Act and the new ASTM F2057-23 stability testing requirements will save lives!  We firmly believe were it mandatory 20 years ago, it would have saved our kids. Is it perfect? We don't know yet. Was the CPSC's own final rule "stronger", we don't know that either.

What we do know is we can't let the quest for perfection get in the way of progress, something some people at the CPSC or in Congress don't seem to appreciate. We know that the best and most lasting agreements and standards are made when all stakeholders collaborate on a solution. We know that compromise and teamwork leads to far better results than animosity and digging in you heels does. We know that a CPSC Direct Final Rule like this one, with an act of Congress behind it, is far less likely to face any legal challenges, especially because all the key stakeholders were involved in negotiating both the language of the STURDY Act and the updated ASTM F2057-23 standard and Congress passed the STURDY Act as Federal law. The CPSC's own Final Rule faced serious legal jeopardy and potential Congressional revocation in the future, given the current political landscape relative to the regulatory authority of Federal agencies. 

We know that his new mandatory standard is strong, effective, and will save countless lives. We NEVER would have supported it or pushed so hard for it if we didn't. Lives were literally at stake! We didn't come this far to not ensure we were protecting children and honoring our children's memories with a mandatory standard that would have saved their lives!

We also know that there is nothing that stops the ASTM committee, which PAT remains an integral part of, from making changes to strengthen the standard and the test methods (but they can't make them "weaker") any time they see fit, and the CPSC would have to approve those changes (or make their own).  STURDY also allows for the CPSC to make their own changes to the mandatory standard, without ASTM's approval, on their own after 5 years, so if the data, which will take about 5 years to show if this change has been effective, shows that there is not a significant decline in the number of injuries and deaths to children from CSU tip-overs, they can change it without the ASTM committee's approval.  There are checks and balances built in, but no one wants to talk about those. 

Thanks to the hard work of all of those who collaborated to make the STURDY Act law, improve the ASTM standard, and this CPSC Commission for finally taking the tip-over issue seriously and issuing a mandatory Federal safety and stability standard for dressers and other clothing storage furniture. Together, we did what was once thought impossible, and we have made the world a safer place and protected countless families from knowing the pain we do. 



6 Comments

Today is a victory for parent advocates and tip-over prevention- We finally have a federal and mandatory safety and testing standard for dressers and other clothing storage furniture! Or do we?

11/25/2022

3 Comments

 
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It seems fitting that this Thanksgiving week, the long overdue CPSC Federal Safety Standard for Clothing Storage Furniture was published today.  This means that by May 24th, 2023, all manufacturers who make dressers and other clothing storage units (CSUs) for sale in the U.S. must comply with the testing and stability standards outlined in this safety standard. Why did it take so long to happen, why might it be in jeopardy already, and what does it mean for the safety of your children and grandchildren? 

A cause for celebration!
I am but one of the hundreds of parents whose children died because a dresser or other type of clothing storage furniture fell on them. Personally, I've first engaged with the CPSC 17 years ago, and have very actively engaged with the agency since 2014, advocating for the agency to address furniture safety to do more to educate the public and require more stringent and mandatory testing and stability measures to prevent tip-overs like the one that took my daughter Meghan's life on December 18th, 2004.  

Today, we celebrate a victory.  The publication of the CPSC's "Final Rule" or Federal Safety Standard for Clothing Storage Units in the Federal Register today means that 180 days from today, manufacturers must comply with the testing and stability standards outlined in the rule by May 24th, 2023.  This mandatory standard is far too long overdue and something many thought would never happen.  Even several of the CPSC commissioners themselves made a point of thanking Parents Against Tip-Overs for our persistence in pushing the agency to engage in rulemaking and write a strong, effective, and timely mandatory standard in their public statements and during the decisional hearing during which they voted 3:1 in favor of publishing the standard as written.

Why did it take so long for the CPSC to finally publish a mandatory safety standard for dressers and other clothing storage furniture? 
Simply stated, it took until now for the Commissioners to not only finally listen to our testimony about the reluctance of the furniture industry to do the right thing and the failings of previous Commissioners to collectively pursue rulemaking, but to agree to take swift and decisive action to write their own mandatory standard for dressers and other CSUs. 

Once they did, things moved quickly, although like everything else, the pandemic slowed/stalled progress for over a year. 

Why is it potentially in jeopardy of not actually going into effect on May 23, 2023, or at all?
The furniture industry immediately did exactly as they said they'd do and filed a lawsuit to get the CPSC's Final Rule thrown out claiming it was too difficult to follow and would cause confusion and be unenforceable.  Mind you, every single Commissioner is an attorney and they have an army of attorneys at the agency, so it's highly unlikely they'd write a rule that wasn't enforceable.  

This was a stall tactic by the industry, plain and simple.  But if it works and STURDY doesn't pass, it means we're right back to where we were in 2019 with an ineffective voluntary standard. 

What about the STURDY Act?  Isn't that the same thing? 
No, it's not the same, but it is another avenue to a strong, effective, and mandatory safety standard.

At the same time myself and Parents Against Tip-Overs was pushing the CPSC to pursue aggressive rulemaking, we were also pushing the STURDY Act, which would also require the CPSC publish a mandatory standard.  The biggest difference is that per our collaboration with industry, STURDY would direct the CPSC to first evaluate the soon to be updated, and much more stringent, ASTM voluntary furniture safety standard for clothing storage furniture.  If it met the requirements of the STURDY Act, the CPSC would then have to make the voluntary standard the mandatory one, rather than their own. 

In theory, a mandatory standard/rule that has an act of Congress behind it and is a law, is less likely to get struck down or thrown out in any legal challenge, and as such, was more of a guarantee that we'd get a strong and effective safety standard than the CPSC's rule without an act of Congress behind it. 

What will happen if the STURDY Act becomes law? 
You mean after I stop crying tears of joy?  If STURDY becomes law, the new (not yet published) ASTM voluntary standard will become the mandatory standard and will be effective 6 months after the CPSC approves it. It will save lives!!

What will happen if the STURDY Act does not pass and is not signed into law?
At this time, we don't know.  We hope that the CPSC's own final rule/standard would then become the mandatory standard, but it could be tied up in a legal battle for years, and in the meantime, we'd be back at square one and kids would keep dying. 
3 Comments

Governor Baker declares June 2, 2021 Massachusetts Tip-Over Awareness Day!

5/30/2021

12 Comments

 
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A dream of mine has been realized and I'm one step closer to keeping the promise I made to Meggie when she died.  Gov. Baker has proclaimed June 2, 2021 Massachusetts Tip-Over Awareness day, which is the second in the nation tip-over awareness day.  I also owe the Lt. Governor and Governor of Massachusetts and those who helped to connect me with them, a debt of gratitude for helping this proclamation to become a reality.
 
I wrote to MA Governor Charlie Baker's office a few months ago to ask if he'd be willing to issue a proclamation declaring June 2nd Massachusetts Tip-Over awareness day.  This is something I've wanted to do for years, but with limited time to advocate and much of my focus of the past several years being on The STURDY Act in Congress, and the ASTM voluntary standards process, it was always on the back burner. 

In February of this year, Gov. Gretchen Whitmer of Michigan declared February 7th, Super Bowl Sunday, Furniture, TV, and Appliance Tip-Over day, in particular to address the risk of TV tip-overs as many people purchase new TV's ahead of the big game and move older TV's to children's bedrooms or play areas, posing a risk of tip-over injury and death.  Her proclamation, the first in the nation to the best of my knowledge, inspired me to pursue a Tip-Over day proclamation in MA.  Which is now, so far as I am aware, the second in the nation Tip-Over Awareness Day.  Kudos to the state of MA for being a champion of child safety and in particular, tip-over awareness and prevention!

Through a friend, I was able to connect with an aide at the Lt. Governor's office, and after a conversation with her about my story, the statistics, and the history of the voluntary stability standard process and current pursuit of Federal legislation, I submitted draft text and supportive information for a proclamation.  It was a bittersweet moment when they got back to me to say June 2nd would be proclaimed MA Tip-Over Awareness Day!  When I received the proclamation in the mail, I cried. 

I chose June 2nd because June is the National Safety Council's Safety Month and the first week of the month is home hazard awareness week.  Tip-overs are a clear and present hazard in every single home, and one that despite 16 years of advocacy by myself and other parents who have lost their children to tip-overs since Meghan died, the vast majority of Americans are either still unaware of the very real risk of furniture, TV, and even appliance tip-overs and how to prevent them, or they mistakenly don't believe their child is at risk. This PSA from the CPSC should clearly demonstrate why any unsecured dresser is a potential deadly weapon.

It is my hope that with this proclamation in Massachusetts, the media will help me to increase not only awareness of the very real and ever present risk of tip-overs, particularly tip-overs of dressers and other bedroom furniture typically used to store clothing, but to educate the citizens of the Commonwealth how to prevent a potentially deadly tip-over from happening to someone they love and care for.  This proclamation has the potential to save lives. 

As I've written before, the day Meggie died, as I held her small, beautiful, lifeless body in my arms and rocked her in the UMass Pediatric Emergency Room, I tearfully whispered a promise to her that she'd be the last child to ever die from a dresser tip-over.  She was not, but I have since promised her I'd continue to advocate in her memory until we can get a law that will require manufacturers to build more stable and safer furniture (the STURDY Act) and retailers to sell only furniture that complies with the highest current standard. In the meantime, the most effective way to prevent tip-overs is to properly anchor furniture, TV's, and appliances to the wall. Governor Baker's Proclamation has gotten me one step closer to being able to keep that promise and fulfill that dream.

I've sent a press release to the local media outlets and newspapers, as well as local and national child safety organizations and pray that they, too, believe that this is a worthy and important child and home safety news story.  You can find the press release here. If you are in a position to share this information, please do.  I would love to see additional states issue Tip-Over Awareness Day proclamations and get us closer to ending injuries and deaths from tip-overs. That is the mission of Meghan's Hope.  



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Furniture Safety and Tip-Over prevention:  A history lesson about the voluntary standards process, the CPSC's rulemaking process, and the role of legislation and Congress in preventing child injury and death from tip-overs

11/11/2020

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 *** Updated 10/20/21***
​Do you think 20 years is enough time for the furniture industry and their intelligent design engineers, the Consumer Product Safety Commission (CPSC), and a committee established in 1998 specifically dedicated to developing a voluntary safety standard to prevent furniture tip-overs from happening would be able to come up with an effective way to prevent furniture tip-overs from happening and sending a child to the ER every 46 minutes and taking a life about every 11 days?  

How about fifteen years?  It's been fifteen years since the first furniture tip-over legislation was introduced in the U.S. House of Representatives.  I know because it bore the name of my daughter and that of another child killed by a furniture tip-over just one month after she was.  It was called the Katie Elise and Meghan Agnes Act and it was introduced to the U.S. House 5 months after my daughter died when her dresser fell on her while the rest of our family was asleep.

What we didn't know then, was that seven (!) years earlier, an ASTM furniture safety standard committee was created to address the issue of furniture tip-over because the CPSC and the furniture industry knew then that this was a danger that lurked in every single home and that every single child was at risk of having a dresser or other piece of furniture fall on them, and potential of suffering serious injury or death as a result. 

Let that sink in. It is now 2021. The CPSC knew in the 1990's that furniture and TV tip-overs posed a danger to kids and now, more than 20 years later, and literally hundreds of thousands of injuries and more than 500 deaths later, they are still dragging their feet on creating an effective and mandatory furniture safety standard! Why?  Excellent question!  The only plausible answer has to do with politics and money being held in higher regard than the lives of children. How can I say that?  Because I'm now "in" the game, have learned how they play it, and am determined to change it. Starting with telling you how it's played out over the past 22 years.

I also want to take a moment to remind everyone that the STURDY Act and tip-over prevention is not a partisan issue!  It's an issue of child safety plain and simple. Furniture falls on children of Democrats and Republicans, the rich and the poor, children of all demographic, racial, and ethnic groups, and you cannot tell by looking at furniture whether or not it will be stable when a child interacts with it. It doesn't matter how expensive it was, how heavy or light it is, what it's made of, where it was purchased, or how tall or short it is. It can tip and fall and seriously injure or kill a child and you can be in the same room and be powerless to stop it. Don't believe me?  Take 60 seconds to watch this PSA "Even While You're Watching" from the CPSC 

The Players in this "game"
Many players in this fight to end tip-overs participate in the ASTM (an international standards organization) furniture safety sub-committee and include furniture manufacturers and retailers that sell furniture, labs that test furniture for safety, regulatory agencies like the CPSC and Health Canada, child safety organizations, and consumer advocacy organizations.  This organization is tasked with creating a voluntary furniture safety stability standard.

Members of the U.S. Congress get involved when legislation is introduced related to furniture tip-over prevention and especially when it's clear that the voluntary standards process is inadequate and APA rulemaking by the CPSC is needed to implement an effective safety standard quickly.  That time has come. 

The most powerful players who have come on the scene in recent years are parent advocates like myself.  We are the loud squeaky wheels determined to catalyze not just change, but the right kind of changes, to truly make furniture safer by mandating testing parameters that will significantly reduce the risk of furniture tipping over and injuring or killing children. We are the only true experts in all things tip-over, because we don't want it to happen to anyone else. We won't let inadequate voluntary standards masquerade as effectively doing anything to stop tip-overs any longer. Education is important and everyone in a position to save the lives of children through a strong and effective furniture stability standard needs to know all sides of the story.  

In order to understand why this battle is still being fought more than 25 years after it was first identified as a child safety issue of significant concern by the CPSC, you need to understand the history of what has and has not happened as a result of the voluntary standard setting process.

What is the ASTM Furniture Safety Sub-Committee and what does it do?
The ASTM furniture safety sub-committee on tip-over prevention has been tasked with creating a voluntary (read optional) safety standard that would, if followed, require that manufacturers make dressers and other clothing storage units (CSUs) that are inherently stable when a child attempts to climb or otherwise interacts with it, significantly reducing the risk of it falling on the child and injuring or killing them. This standard includes specifications for testing CSU's that meet the criteria for the standard and if they fail the tests, they should not be sold. 

There is no legal enforcement of this standard, since it's only voluntary, and thus a suggestion, not a requirement. Let me be clear.  This means that no piece of furniture, and in particular furniture intended to store clothing like dressers, including those sold specifically for children's bedrooms, and sold in the United States, is required to be tested for safety.  None. Manufactures can choose to comply with some or part of the current voluntary standard, or not, without penalty. And you have no way of knowing.

Chances are high you have non-compliant furniture in your home right now, and if it's not properly secured to the wall, it's a deadly weapon. In fact, we know that dressers compliant with the current voluntary standard have killed children, so that tells you how inadequate it is. 

The CPSC can issue recalls if it identifies a product does not meet the standard and has caused, or has the potential to cause, injury and death, but their hands are somewhat tied by a clause in the Consumer Product Safety Act called 6(b), which you can read about in this report by Public Citizen "Delay and Secrecy".

The CPSC can also write a mandatory standard right now, and could have done so years ago, and while they announced in 2017 the intent to do so in 2017 with an advanced notice of proposed rulemaking.  Now, nearly 4 years later, a draft proposal of a notice of proposed rulemaking was announced in July of 2021. This is a very comprehensive work and it clearly points out the inadequacies with the current voluntary standard and a need for a mandatory one.  The NPR process however, is cumbersome and in no way guarantees a mandatory rule will ever be written and enacted, nor does it guarantee it will be strong and sufficient.  History also tells us it could and likely will take decades before a final rule could be issued.  We can't afford to wait for something that may never come from the CPSC.  We can't afford to wait 10 more years!  

Let me be perfectly clear that the current voluntary furniture safety standard is inadequate and the CPSC agrees strongly (as is outlined in the draft NPR).  It does not account for drawers having anything in them (thus adding weight to the furniture), does not account for the forces on the furniture when a child attempts to climb or pull on or stand in drawers, and does not account for the impact of carpeting, all of which can affect the stability of the furniture and make it more likely to tip over and fall on a child. We know physics is what causes furniture to tip, and making furniture that can withstand these forces will protect children and significantly reduce injuries and deaths. The draft NPR issued in July of 2021 clearly supports this need.

Children, and even adults, mostly elderly, are also injured or killed by other types of furniture every day, but since most incidents that involved children also involved dressers, wardrobes, and other furniture designed to store clothing and often used in bedrooms, it was determined that would be the only type of furniture the standard would cover. 

For the record, there is no safety standard or committee addressing the stability and safety of any other type of furniture, such as shelving units, bookcases, desks, entertainment furniture, tables, nightstands, or other furniture not intended to store clothing, nor does it address TV tip-overs or appliances of any kind.

What I've learned about this ASTM process and why you should care
I've been an active and voting member of the ASTM furniture safety safety standard committee as a consumer member and parent advocate for several years now, to be a voice for all the children who have been injured or lost their lives to tip-overs.  By all accounts, this particular committee has a history of being contentious and moves at a glacial pace with regard to meaningful and effective changes to the standard.

The full committee meets twice a year, typically at ASTM headquarters in West Conshohocken PA, and is attended by furniture manufacturers and their attorneys, the CPSC, consumer advocacy groups, testing labs, regulatory agencies, consumers who are primarily parent advocates like myself who lost a child to a furniture tip-over, and safety groups and organizations like Kids in Danger, Safe Kids, the American Academy of Pediatrics, and the International Association for Child Safety. Anyone can join.  If you are interested, reach out to me or to ASTM.  There are also task groups that work on specific aspects of the standard such as test weight, development of a dynamic test involving more than one drawer open at a time, and tip-restraint testing. I participate in several of those as well and they meet via conference call primarily anywhere from once a year to several times a year. 

I've learned a tremendous amount in the nearly 17 years since Meggie died, but only because I asked questions, wrote letters, and did a ridiculous amount of research.  None of it was public knowledge, and really isn't now, either, though certainly a lot more people are aware of the danger than they were 17 years ago.  If it were not for the hard work and voices of consumer protection and advocacy groups and parent advocates who are willing to share their heartbreaking stories, and fight to have their voices heard by the people with the power to change the system, and dedicate years of their lives to the cause, YOU would never know it was a problem until it happened to you.  We owe them all a debt of gratitude for paving the way and guiding us to use our voices effectively.

As I prepare for yet another ASTM meeting that is likely to involve a lot of passing of the buck, circular arguments over semantics, stalling, and claims that they are waiting for someone else to do the testing and get the ever elusive data they can't seem to get (because they aren't really asking for it or trying to get it themselves, although since the release of the draft NPR, it seems they've found the time and desire to do so) I felt the urge to write this blog. With COVID on the scene, it's a convenient excuse for the committee to have done next to nothing since the last big meeting a year ago, but it's not a terribly honest one.

I am compelled to educate you about this process as an argument as to why we need the STURDY Act and why we need it now.  I feel a strong need to give a little history lesson of the history of the standard for those in a position to make a decision that could save the life of your child.

Right now, this responsibility lies with the U.S. Senate and the Republicans on the committee of commerce, science and consumer protection who as of right now, have been reluctant to support this bill. 

This history lesson will draw parallels with the ASTM furniture safety standard (which is voluntary) and legislation introduced in the U.S. House of Representatives and the Senate over the years, which would require a more robust and mandatory standard.  I do think you will find it rather interesting.

The Beginning - the U.S. Consumer Product Safety Commission (CPSC) Identifies Tip-Overs as an emerging and increasing hazard to children

It's unclear exactly when the CPSC first identified furniture and TV tip-overs as a danger to children but it appears to have been in the mid 1990's, long before there was social media or a robust internet to disseminate information, although honestly, that hasn't done enough to "fix" the problem either.  The CPSC issued safety alerts saying that furniture and TV's could tip over and injure or kill children in the 1990's, because they had gotten enough reports of those injuries and deaths to feel the alert was warranted. The problem was no one saw them, or at least, no one who could alert parents to the danger so they could take action to prevent it.

At that time, it was estimated three were around 8-10,000 ER visits due to furniture and TV tip-overs each year and approximately 6 children died every year.  For the record, those numbers have DOUBLED, in part due to improved reporting and data collection, but I can tell you without a doubt the number of tip-overs that actually happen every year are easily much higher, as the statistics ONLY count those that resulted in ER visits with injuries or deaths AND that were documented to be a result of a tip-over AND are only estimates!  So many incidents are not captured in the CPSC's data and they all could have resulted in an injury or death!  

Despite this safety alert being issued, it was not something that made it's way to parents, pediatricians, or retailers, so it's no surprise injuries and deaths continued to happen and those with the power to educate (the CPSC and the furniture industry) decided instead to create a voluntary safety standard to try to get manufacturers to make safer and more stable furniture.  Which is great in theory, but it missed the target audience and parents paid for it by having to bury their children from a preventable accident both the CPSC and the industry knew about!  It also underestimated how inadequate this voluntary standard process would be at actually preventing these injuries and deaths.

The more I learn about what was known, when, and by whom, and how long this process has taken and STILL the numbers of people, mostly children, injured and killed by tip-overs is not significantly different than it was 10 years ago, let alone 5 years ago, the more angry I become. The number of injuries and deaths is known to be much higher than when this hazard was first identified! 

I blame both the CPSC and the ASTM for literally having the blood of these children on their hands for needlessly dragging their feet and not taking the robust and meaningful action they are tasked with and doing so in a timely manner.  Shame on you!  When you know better, you should do better, and by better, I mean for the safety of consumers and particularly children, not what's better for your pocketbook or political reputation and standing! 

The CPSC now issues an annual Tip-Over report, first issued in 2008, and issued every year since 2010, usually in November every year.  You can read the most recent CPSC Tip-over Report here. They clearly feel this is an important enough issue to gather data on it every year, and claim it's a priority for the agency, yet not important enough to use every tool at their disposal to write a mandatory standard quickly, which they can do and should have done years ago. I am glad they are moving forward so far with the NPR process, but they are moving far too slowly.  

Rulemaking at the CPSC is a process that takes years and the ball is rolling oh so slowly right now with the issuance of an Advanced Notice of Proposed Rulemaking announced in 2017, the draft NPR just issued this July, nearly 4 years later, and no one knows how many years it will take to write the final rule, of if it will even happen, since all five Commissioners would need to agree to set partisanship aside and do the right thing for the children of this country, and we don't know what the political make up of the CPSC Commissioners will be when this mandatory rule writing is begun, or if the support for it will still be there when time comes for a final rule vote. 

We clearly cannot rely on the CPSC to write an effective and timely mandatory standard without there being a law directing them to do so.  That law would be the STURDY Act.

The Correlation between the ASTM Voluntary Furniture Safety Standard and Tip-Over prevention legislation introduced to the U.S. House and Senate

The Evolution of the ASTM Furniture Safety committee
In 1998, the furniture safety sub-committee was born at ASTM.  This committee was tasked with creating a voluntary safety standard to address furniture tip-over injuries and deaths, and to find ways to reduce those incidents through testing and improvements to design and safety of furniture manufacturing. It's unclear who made up the committee at this point, but I presume it was a small number of manufacturers and maybe a testing lab and a consumer group.  Certainly much smaller than it is today.

PS 110-98 was issued in 1998 - it was a provisional safety specification which had the first 3 bullet points of the 2000 specification below, and was withdrawn then the first official specification was issued in 2000. 

F2057 - In 2000, the ASTM issued it's first safety specification for F2057 (its official standard #) .  At that time the standard cited statistics from 1994 only (!) only that there were an estimated 8100 ER visits associated with furniture that year and approximately 6 deaths each year, 2/3 of which involved dressers or other furniture with drawers, and that approximately 80% of those injured or killed were under the age of 5. The standard included the following parameters:
  • It covered "chests, drawer chests, chests of drawers, dressers and bureaus only"
  • It did NOT cover any items lower than 30" tall
  • It only covered children up to and including age 5
  • It required that an empty unit should not tip over when placed on a flat level surface and that with all doors and drawers open as far as the glides allowed. 
  • It also required that when on a flat surface one drawer at a time should be opened and a test weight of 50 lb (25# on each side of the door or drawer) is applied, that the unit remain standing.
spoiler alert - the only meaningful change to this standard since the first one in 2000 is that is now covers CSU's 27 inches and taller and includes a warning label and tip restraint (which is not tested to see if it actually holds the weight of the furniture adequately)

F2057-04 - The ASTM Voluntary Furniture Safety Standard was revised for the first time in 2004 
The only change was to add that each weight used to test had to be individually wrapped in 2-4mil thick polyethylene film and sealed to reduce contamination!!

The Katie Elise and Meghan Agnes Act Introduced in 2005
In April of 2005, just 4 months after Meghan died and 3 months after Katie died, HR 1861 was introduced in the U.S. House. We were unaware that the ASTM Furniture Safety committee existed at this time!

The bill required that the CPSC issue a mandatory standard to protect consumers from the dangers of unsecured furniture and electronic appliances (TV's) to reduce the incidence of injury and death.  It asked that this standard include testing in both loaded and unloaded conditions and the inclusion of anchors to secure furniture to the wall along with mandatory warning labels. It had bipartisan support and 45 co-sponsors and yet, it sat in committee and never made it to a floor vote, and expired at the end of 2007 when that session of Congress ended. However it did apparently get the attention of the ASTM furniture safety committee because several years later the warning labels and restraints were added to the voluntary standard. 

A bill by the same name was re-introduced in the next Congress in 2007 as HR 4266 and again had bipartisan support, this time with 11 cosponsors, and again, died on the floor of the committee of energy and commerce. Honestly, I'm glad it did, because it had been watered down and was not the mandatory standard we were seeking. This bill had an addition to it for glass tables which was not part of the original bill nor applicable to the standard we were seeking.  It also made mention of the ASTM voluntary standard committee and asked that anchors withstand a force of 100 lb if the test weight was 50 lb. This recommendation has not yet been incorporated into the voluntary standard.

F2057-09 -The ASTM Voluntary Furniture Safety standard revision #2 in 2009
NINE years after it's first specification the standard was finally revised.  This revision included the following changes including two significant ones that were asked for in the first Katie Elise and Meghan Agnes Act, that tip-over restraints were included and a warning label to the consumer about the risk of tip-over was required. It's likely these changes were added because of the legislation that was introduced and the support it had, even though it never became law. So in this case legislation informed improvements to the standard.
  • a definition of inch-pound units as being the standard
  • a definition of operational sliding length 
  • That tip-over restraints shall be included for attachment by the consumer to help prevent tip-over and that restraint must withstand a pull force of 50 lb.  Installation instructions must be included
  • A warning label must be attached to the unit in a conspicuous location such as the inside of a drawer or door. colors, wording, and font were specified for the warning label
  • additional pictures were added to support the language around testing procedures with the 50 lb total weight. 

F2057-09a - A second revision in 2009
  • Added that the warning label had to be permanent

F2097-09b A third revision in 2009
  • Added a line to the warning label that stated "unless specifically designed to accommodate do not set TV's or other heavy objects on top of this product"

F2097-14 - The ASTM Voluntary Furniture Safety standard revision #3 in 2014
This revision only included one meaningful change, and that was the reference to a newly created tip-over restraint specification for the restraints to be included with the furniture by the manufacturers who chose to comply with the voluntary standard.  Beyond that the changes were language clarifications that more clearly defined testing parameters.
  • The definition of what type of furniture the standard does NOT cover was expanded
  • It referenced F3096, the newly created standard for tip-over restrains used with clothing storage units.
  • It defined clothing storage unit as "furniture intended for the storage of clothing typical of bedroom furniture"
  • A change to the testing of units with doors was changed to "open one door to 90 degrees, all other doors and drawers shall be closed..."
  • Clarification of how far drawers should be opened was included "to the outstop... or... to 2/3 of operational sliding length"

F3096 - Standard Performance Specification for tip-over restraints used with clothing storage units created in 2014​
This standard is a companion standard created as a reference document for F2097-14, when they added the inclusion of a tip-restraint to the voluntary standard. It only applies to the tip-restraints included by the manufacturer with the clothing storage unit.  It does not specify what kind of restraint should be included, just that it can withstand a gentle application of 50 lbs for 30 seconds.  It is a bare bones standard and the key parameters were:
  • To define the test method and requirements for tip over restraints as required by F2097
  • Was to assess the strength of the restraint only, NOT the "real world" performance of the restraint in actually stopping a tip-over once installed
  • The test method was described and included
    • assembling the components according to manufacturer instructions
    • secure one end of the restraint to a fixed and rigid structure by gripping it in your hand or attaching it to a wooden block or other fixed structure
    • Attach a loading device to the other end of the restraint fastener
    • Gradually "over a period of not less than 2 seconds nor greater than 15 seconds, apply the static load of 50 lbs and maintain it for an additional 30 seconds"
    • Details of installation instructions are to include drawings of installation method and detailed written step by step instructions, a parts list with pictures of each part, and clear installation instructions
    • The only labeling requirements were the manufacturer's name and address and date of manufacture including at least month and year.  
This standard is currently in the process of being revised to include a dynamic real world test to determine if the included restraint can actually prevent a tip-over, and to determine which restraints are the most effective. We know there are many barriers to effective anchoring, and that several anchors are prone to failure, yet none are tested to see if they actually work when secured to the wall and furniture. I am part of that task group. As of today, this group has not met in over a year and a half despite my requesting meetings several times. 

The STURDY Act - HR 5442 (2016)  Stop Tip-overs of Unstable Risky Dressers on Youth
The first version of the STURDY Act was introduced to the U.S House of Representatives in June of 2016, which was late in that session of Congress.  It had general recommendations regarding a mandatory standard and it had no co-sponsors and died in committee.  It was a warning that more robust legislation proposal was coming and that this issue was not resolved. It's unlikely the industry took the warning seriously. 

F 2097-17 The ASTM Voluntary Furniture Safety Standard Revision # 4 in 2017
This standard update was a minor one that was primarily language clarification with regard to:
  • The permanency of the warning label
  • The addition of a symbol of a child climbing a dresser with a red circle around it and a line through it to visually demonstrate children should not climb on furniture.
  • It also included the standard #'s of referenced documents
  • A statement saying the standard was developed based on recommendations issued by the World Trade Organization's Technical Barriers to Trade Committee

The STURDY Act - HR 2211 (2019 House version) Stop Tip-overs of Unstable Risky Dressers on Youth 
This version of the STURDY act was introduced to the U.S. House of Representatives on April 10th, 2019. It had 23 bipartisan co-sponsors. In September of 2019 it passed the house with bipartisan support and was passed to the Senate.  

The STURDY Act S1902 (2019 Senate Version)
This is 2019 version of the STURDY Act, passed from the House to the U.S. Senate in September of 2019.  It was  in the Committee of Commerce, Science, and Transportation and because of the bitter partisan politics currently at play, was never taken up by the committee. Despite the fact it had 14 bipartisan co-sponsors, Mitch Mcconnell's partisan game playing resulted in it dying in the Senate at the end of December, when the session of Congress came to a close.

The STURDY Act would require the CPSC to issue a mandatory furniture safety standard for clothing storage units within one year of it's passage into law and would require the following:
  • Mandate testing on all clothing storage units regardless of height
  • Require testing to simulate the weight of a child up to 72 months old
  • Require testing that accounts for scenarios involving carpeted floors, loaded drawers, and the dynamic forces of a climbing child, all of which contribute to the physics of a tip-over in the real world
  • Mandate strong warning requirements

F2057 -19  The ASTM Voluntary Furniture Safety Standard Revision # 5 in 2019
With the STURDY Act clearly having traction in Congress and the CPSC moving toward an NPR and conducting their own testing, this revision of the standard was the most significant and functionally meaningful one since 2009!  Yes, the first significant change in TEN years.

Two major changes were balloted but only one passed, and it was not easy to make it happen. The fact one of my fellow parent advocates' son was killed by a 27 inch tall dresser and she is also part of this committee is likely what catalyzed the reluctant passage of that ballot measure by the industry, as they could no longer hide behind the "we have no data that indicates we need to change..." 

The changes to the standard included:
  • The standard was changed to cover all clothing storage units 27 inches in height or higher (a lowering of the height from 30 inches, which had been the standard since it's inception)
  • The types of furniture NOT covered by the standard was updated to include specifically occasional and accent furniture not intended for bedroom use, laundry units, nightstands or clothing storage tests covered by F2598.  (note: Nightstands are the most contentious type of furniture discussed at these meetings because if nightstands are excluded, manufacturers could call a small dresser a "nightstand" and avoid having to comply with the standard.)
  • An expansion of the referenced documents
  • A definition of a nightstand
  • Specific language around warning labels in terms of color, font used, and the location of the permanent warning label as well as the terminology to be used on the warning labels such as "ALWAYS" and "NEVER" and specific warnings "Children have died from furniture tip-over" to make it clear to the user tip-overs can kill children. These were changes to make the existing warning label requirements more clear.

The ballot measure that did not pass was increasing the test weight from 50 pounds to 60 pounds to more accurately represent a the 95th percentile of what a 72 month old child weighs.  There has been a 20 year argument about how old a 5-year old is and are we calling them 5 the day they turn 5 or the day before they turn 6?  The industry has dug in their heels and does not want to increase the testing weight and their argument is that the definition of a five year old is a child the day they turn 5.  The real reason of course, is that with a 60 lb test weight, there is a greater chance their furniture will fail the test and therefore not comply with the voluntary standard.  

The STURDY Act, H.R. 1314 (2021 House version)
On February 24, 2021, The STURDY Act, HR 1314 was introduced to the 117th Congress by Congresswoman Jan Shakowsky of IL and had 22 co-sponsors. Her press release is here. It was the exact same text as the 2019 version.  It passed the House on June 23rd, 2021 en bloc (with a few other bills grouped with it) with a roll call vote of 325 to 103.  Not surprisingly, all 103 no votes were cowardly Republicans. The beauty of a roll call vote is we now know exactly which ones clearly don't care about child safety and certainly don't care if your children die from a tip-over.

Here's why they should care.  Take a minute to watch this brief video from Parents Against Tip-Overs: Why we need the STURDY Act Now

The STURDY Act S 441 (2021 Senate Version) - WE NEED YOUR HELP! 

On February 25th, 2021, Senator Robert Casey of PA introduced bill S 441,the STURDY Act to the 117th Congress with the same text that was in the 2019 version. His press release is here. It currently has 16 co-sponsors including two Republicans. The House referred the passed HR 1314 to the Senate committee of Commerce, Science, and Transportation, as is customary, despite the fact here is already a version of STURDY in the Senate.  

So, here we are again.  As I write this on October 20th, 2021, we are faced with trying to generate Republican support, get this bill to a mark-up, and then to pass the Senate floor and on to President Biden's desk for signature. Just daring to imagine what that day would be like brings me to my knees with bittersweet tears...

Some of them say they don't oppose the bill, but are not willing to co-sponsor it. We're told without a Republican co-sponsor, it is harder to get it to and through a markup. Some Senators don't commit or comment either way. We know they are playing politics and likely caving to industry and their dollars, and it's frustrating. 

They are losing sight that this bill is about saving lives of children by requiring manufacturers to make furniture that is inherently stable and is tested in real-world use scenarios.  It's about protecting their constituents!  Their children, their grandchildren, their nieces and nephews, their friend's children.

We have the support of major manufacturers and retailers, medical groups, child safety groups, consumer safety groups, and parents everywhere both those who have lost children to tip-overs and those who don't want it to happen to a child they love.  How many more children have to die before someone in a position of power (Republican Senators) to change it has the courage to take a stand for what is right and throw their support openly and enthusiastically behind the STURDY Act? I get the feeling several want to, but they are afraid.  Which is mind-boggling to me. I bet once one of them does, others will follow, it's just no one is brave enough to be the first one to do so.  That's like a slap in the face to those of us who have had to bury our children because those who sat in those seats before you were also cowardly. 

So what's the problem?
You mean aside from the fact it's been 23 years and very little meaningful change has been made, as evidenced by the fact hundreds of children have died, there are still tens of thousands of injuries every year, someone is rushed to the ER every 45 minutes because of a furniture tip-over, and a child still dies about every two weeks?  Is that not enough? Especially when we know children have died when furniture that is compliant with the current voluntary standard fell on them! 

I do want to say that most of the members who actively participate in the the ASTM furniture safety sub-committee and task groups are the ones who ARE complying with the voluntary standard and are at least somewhat invested in making furniture safer for kids.  BUT they are also looking out for their bottom line and they know all of the requirements we are asking for in the STURDY Act are necessary and appropriate, but the stalling and arguing that goes on in meeting after meeting means it will likely be another ten years before even one of them might be incorporated into the voluntary standard.  That translates into tens of thousands of more children being injured and likely a hundred or more dying, all why they put millions into their profits and donate it to Republican lawmakers and call on them to tell them not to support the STURDY Act.

We don't have that kind of time.  It is clear that everyone in the industry is biding their time and waiting for the CPSC to take action on the proposed NPR, even though the manufacturers could be doing their own testing concurrently, and maybe they quietly are, but if so, are not sharing that with the full committee.  It is likely everyone also waited for the CPSC to announce a notice of proposed rulemaking, and now that they have, the industry is suddenly invested in doing their own testing because the proposed NPR is so stringent it's unlikely any dresser sold today would pass. 

It is also clear the players are waiting to see what happens with the STURDY Act, because if it passes, then they see it as the CPSC's problem as they'd be required to write the mandatory standard.  This is illustrative of the basic problem with this entire process.  Everyone is waiting for someone else to do their job and as a result very little meaningful change is made.  That needs to change and the best, and quite possibly only way it can change for the better is with the passage of the STURDY Act into law.

But the Furniture Industry says they are in favor of mandatory standard, so what's the big deal?
I also want to make it clear that you may hear that some of the furniture industry is in support of a mandatory standard BUT they want the current, inadequate, voluntary standard to be made mandatory.  Aside from the fact the current voluntary standard is obviously not effective (just look at the data on injuries and deaths!), the reason I do not support this is because it's much more difficult to change a mandatory standard than it is a voluntary one, and now you know how much time it takes to change a voluntary standard!  

With the re-introduction of the STURDY Act into the House and Senate this year, (2021) the AHFA (the furniture industry's membership organization with a LOT of money put towards lobbying against STURDY), has become more outspoken and organized against the STURDY Act. They are doing so because they are afraid it will become law and force them to do what they have been avoiding through all their stalling tactics in the ASTM committee meetings for years. I will be writing a separate blog post to address this issue, specifically calling them out as many of their members are talking out of both sides of their mouths and trying to buy their way to killing the STURDY Act by donating millions to Republican's to encourage them to vote against it.

The longer it takes to get a comprehensive, robust, and effective mandatory standard enacted that includes the key testing and safety parameters outlined in the STURDY Act, the more people, most of them children, will continue to be injured and killed by something that could have literally been prevented years ago!  We need those testing parameters to be law to ensure the safety of our children and to stop tip-overs from happening! This is why the STURDY Act is so important and why we need the U.S. Senate to move it to the President's desk for signature immediately.  Not doing so tells your constituents that you don't care about the safety of their children.  I sure as hell hope that's not true.  Actions speak louder than words. Now's the time.  Act responsibly.  Do what is right for your most vulnerable constituents, Please, PASS STURDY NOW!  

​

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16 Comments

Inside the U.S. Consumer Product Safety Commission's Budget and Priorities Hearing - My testimony

5/31/2020

38 Comments

 
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U.S. CPSC Budget and Priorities Hearing for FY 2021-2022 (via teleconference due to COVID 19). Speakers for Panel 3 of 3
with Why the consumer's voice is important
Every year, the U.S. Consumer Product Safety Commission must hold a budget and priorities hearing.  This is a public hearing that gives interested parties an opportunity to provide oral testimony regarding the Commission's budget and priorities for the next fiscal year. This is important, because it gives advocacy groups and ordinary citizens an opportunity to educate the Commission on what they should consider the top consumer safety issues to focus on and why.  Anyone can also submit written testimony of any length prior to the hearing.  The deadlines and details of each year's hearing are published in the Federal Register. 

Normally, this hearing is held in April at CPSC headquarters in Washington, D.C. and is video recorded. This year, because of the global Pandemic, the hearing was postponed to May 27th and was held via audio-conference. This is obviously less than ideal for a number of reasons.  There is tremendous value in being able to see each other and a video call would have been better than audio only.  So much is lost in oral testimony when you cannot make eye contact and read/use body language while you present. I was disappointed the remote testimony did not include video.

It's also unclear if it was recorded or if a recording or transcript of this year's hearing will be released. My testimony is below if you wish to skip right to it.  I do hope you take a few minutes to read it. It's an opportunity to see my advocacy at work with the Government agency tasked with keeping consumers safe from product hazards and holding companies accountable for making safe products, and by recalling those that are not safe when the potential for or actual injuries and deaths have been reported. 

​How the hearing works
Those who wished to provide oral testimony had to register in advance.  While anyone can provide testimony, it is typically advocacy groups, parent advocates, and the American Academy of Pediatrics who do. Typically the hazards the Commission is asked to address revolve around products posing a significant hazard of injury or death to children.

The Chair gives opening remarks and then the first panel is "seated".  The panels typically have 4-5 panelists, each of whom normally would have 10 minutes to present.  I would normally bring a photo of Meghan and her dresser to place on the table while I gave my testimony, and obviously, I couldn't use that added impact this year.  This year, we only had a strict 5 minutes (timed) to present our testimony. Five minutes is not a lot of time, especially for groups who are asking for multiple priorities to be considered, so a focused, articulate, compelling argument needs to be practiced to be effective in the time allowed.  Most panelists also submit a much longer written testimony which provides more detail and explanation to support their argument and requests, but there is also a deadline for this and it is due prior to the hearing date.

After each panel presents, each Commissioner is given 5 minutes to ask follow up questions to any of the panelists. Some ask a question to specific panelists and others ask more general questions.  Some simply say thank you or use the time share their personal opinion on the issues presented, rather than ask any questions. Once the Commissioner questions are finished, the next panel is seated and the process repeats. 

Once the panels are completed, the Chair offers closing remarks and the hearing is ended. 

This year, because of the shortened time panelists were allowed, and because the hearing was audio only, panelists were given an additional 2 weeks to submit additional testimony, answer Commissioner questions there was not time to adequately do during the hearing, and for the Commissioners to ask the panelists additional questions if they desired.  

My testimony
I've been advocating for furniture safety for 15 years now, and working with the CPSC on their Anchor It! campaign since 2015.  I've met personally with all of the current Commissioners several times, and they know me and my story well.  They are also very familiar with the data and my frustrations as well as those shared by my Parents Against Tip-Overs colleagues, so I took a different approach this year.  One designed to call them out and to action, with a bit of praise, a bit of scolding, and punctuated with emotion.  Reading the words is not nearly as powerful as how you say them, so listening to them packs more punch than reading them, but for those of you who have heard me present before, I'm sure you can "hear" it as you read.  

Spoken Testimony
CPSC FY 2021-2022 Agenda and Priorities Hearing
May 27, 2020
 
Good Afternoon. My name is Kimberly Amato, and I am the founder of Meghan’s Hope.

Fifteen years ago, on December 18th, 2004, I woke to my husband frantically screaming my name. Our beautiful, 3-year old, twin daughter Meghan, was found lifeless beneath her dresser.  

I’ve been fighting literally since the day she died, to educate others about the dangers of furniture tip-overs and advocating for a mandatory furniture safety standard. I’ve been actively engaged with Congress, ASTM, and the CPSC since just a few months after her death, and quite frankly, I am beyond frustrated that this issue has STILL not been adequately addressed by these entities, and children continue to be injured and killed by furniture tip-overs. Every. Single. Day.

Today, I thank the Commission for its dedication to furniture safety and ask that you continue to make it a top priority by:

1. Aggressively pursuing rule-making for a robust, effective, and comprehensive mandatory furniture safety standard. 
 
I beg of you to issue an NPR and make it an urgent priority. It’s been 3 years since the ANPR was issued. The STURDY Act, the ASTM voluntary standards process, and progress on an NPR can, and should, all happen concurrently. We cannot wait any longer for “someone else” to create a comprehensive mandatory standard.  ASTM has already had 20 years. The time is now. The job, is yours.
 
2. Continue to improve and promote the Anchor It! Campaign in both its scope and its reach. The tone of the campaign needs to be a serious one, and use real-life stories and images to engage parents, for we know that is what has the greatest impact. 

3. Increase the scope, reach, and public awareness of saferproducts.gov in order to get more accurate and timely data, and by expanding who is required to report product hazards, injuries and deaths beyond the NEISS hospital system.

4. The Commission needs to issue timely warnings and safety alerts, and use its full authority, and every tool at its disposal, to recall furniture that is not compliant with the current standard, issue unilateral recalls if necessary, and impose civil penalties where appropriate, to get dangerous furniture off the market, and adequately inform the American public about a hazard or recall, so they know what to do to protect their family.  

The issue of furniture tip-over remains a clear and present danger to the citizens of the U.S., especially the most vulnerable, our children and elders.  It is a hazard that exists in every single household, as well as in schools, day cares, nursing homes and assisted livings, hotels, church halls, classrooms, retail stores, and other public spaces, making the anchoring campaign a vital component of tip-over prevention.
 
The agency also desperately needs to improve their avenues of communication and reach to the American public. Recall information and safety campaigns don’t save lives if parents and the public don’t know about them.
 
If these processes and standards were in place fifteen years ago, I’d still have my beautiful Meggie, and hundreds of thousands injuries and deaths due to furniture tip-overs could have been prevented.
 
You are the consumer Product Safety Commission.  Priority #1 is to educate and protect consumers, no matter who the Chair is, and no matter what the political makeup of the commission is.  I assure you, furniture falls equally on Democratic and Republican children. This is not a partisan issue.  It is not about protecting industry interests. That’s not your job. It is purely an issue of safety, and consumer safety is your mandate.
 
Meghan’s twin brother is graduating from high school next week. She should be right there next to him.  Instead, I see one where two should have always been. Those twin milestones were all stolen from me the day she died, along with the innocence of my boys, and the joy of Christmas, by a small, heavy, expensive dresser, made for a nursery, that I thought was safe. 
 
I promised her she’d be the last to die this way.  She was not. More than 250 children have died since.  All while your agency, Congress, ASTM, and the furniture industry fought for their own interests over the lives of our children - and waited for someone else to do the work and create the solution to end tip-overs.
 
When Meghan wanted to get your attention, she’d climb into your lap, take your face in her tiny little hands, making you look right at her, and say, “You listen to Meggie!” 
 
Close your eyes and picture her in your lap right now.  Her tiny hands on YOUR face.  Imagine looking at her beautiful face and hearing her plea.
 
I beg of you, Commissioners Adler, Biacco, Feldman, and Kaye, Please, listen to Meggie!  
 
Thank you
 
 



38 Comments

Preventing Furniture Tip-Over:  How to secure furniture and TV's to the wall.  What to use, what not to use, and why!

1/19/2020

33 Comments

 
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I'm so glad you are here because it means you are most likely looking for the best way to secure your furniture and TV's to the wall to prevent your child from being injured or killed the way my Meggie was; by a fallen piece of furniture. If you have spent a little time reading this Website or at the Meghan's Hope Facebook page, you already know Meggie's story.  If you don't, please take some time to read it on the home page.   

This blog will explain what needs to be anchored, why, as well as how to choose a furniture or TV anchor and how to install it.  Everything you need to know is written here, complete with clickable links to quickly find the resources you need!  So let's #AnchorIt!

Why do I need to secure my furniture?  Do I really need to secure all it?

We know tip-overs happen about every 24 minutes, that's about 60 times a day.  About every 43 minutes a child is injured seriously enough to be taken to the ER due to a tip-over incident, some with life-changing and debilitating injuries they may never fully recover from. That's approximately 33 children every single day.  About every 12 days, a child dies from a tip-over.  That's a minimum of 30 children a year.  Every single one of them could have been prevented if the furniture or TV that fell on them was secured to the wall. 

The reality is that ALL of your furniture needs to be secured to the wall, because you cannot tell by looking at a piece of furniture (or a TV) whether or not it could tip-over.  It does not matter how short or tall it is, how heavy or light it is, who made it, where you bought it, how long you've had it, or how safe you think it is, The only way to prevent a tip-over is to properly secure all of your furniture and TV's to the wall.  It is a dangerous misconception that only light and inexpensive dressers are the only furniture at risk.  Children (and adults) have been killed by dressers, wardrobes, bookcases/shelving units, TV stands/entertainment units, and other pieces of furniture outside of the bedroom.  Meghan weighed 28 pounds, her dresser more than 150.  It took 2 adults to move it.  We never thought it could tip-over, yet it did, and it killed my Meggie. When you know better, you do better.  Thanks to Meggie, you know better.  

But I have a flat screen TV now, do I really need to anchor it?  It's so light!
The number of deaths and injuries due to TV's has decreased as people have gotten rid of the old tube style TV's and replaced them with flat screens, but they still happen.  It's important to realize that even flat screen televisions can still cause serious injury or death if they fall.  Think of the weight of your furniture and TV's in terms of bowling balls.  A 20 pound TV is the equivalent of 2 bowling balls falling on your child's head or chest.  That is enough to break bones and cause a deadly head or chest injury. That visual should help you understand why it doesn't take something heavy to cause a catastrophic injury. 

So what causes a tip-over? Isn't it just IKEA or cheap furniture and dressers I have to worry about?
Furniture and TV's tip-over because of physics, and while children are the most frequently injured and killed, adults are also injured and killed every year due to a tip-over!   It is absolutely not just dressers or inexpensive/IKEA furniture that is at risk.  ALL furniture has the potential tip-over onto your child if it's not anchored to the wall.  
Your child can interact with a piece of furniture or TV 100 times. 99 of those times, nothing may happen, but one of those times, just the right circumstances will occur that will cause that piece of furniture to fall on them. You don't know if that time will be the first, the 5th, or the 100th.  Don't take the chance!  $5 and 15 minutes would have saved Meghan's life if I understood the dangers. Take the time, spend the money, and secure your furniture today! 
​
Please visit the following Web sites to learn more about why anchoring furniture and TVs it is so important.  Especially if you don’t think it’s necessary to anchor more than just your child's dresser! 
  • CPSC's Anchor it Website (important statistics and resources) 
  • How it happens, video from the CPSC: 
  • Meghan's story from the CPSC
  • Real moms urge you to anchor it
  • A compelling story from a parent
  • Consumer Reports tip-over research and reports
  • Netflix documentary BROKEN: Deadly Dressers
    • My review of the documentary and "inside" information
  • My safety blog 

What do I use to anchor my furniture?  How do I choose the right and safest anchor? 
It's important to realize that furniture anchors are not all created equal, and many are not tested to see how much weight they can actually hold, so they can give a potentially false sense of security. 

It's also important to realize there is no mandatory standard for testing of furniture anchors, so a "test" could simply be an adult pulling on a strap once to see if it holds. That does not actually simulate the forces of a child climbing, pulling, or otherwise interacting with a dresser multiple times every day over the course of years.  And one company's "test" is not the same as another's, if they test it at all.  

There are also a lot of "copycat" anchors out there that look like name brand anchors, primarily sold online, and they are less expensive and often made with inferior materials and thus, more likely to fail. I recommend you avoid those.  Hint, if they are not listed below, or made by one of the companies listed below, they are quite possibly inferior products and not recommended. 

It's very important to realize that the anchors must hold not only the weight of the furniture, but also what's in/on top of it, plus at least an additional 60 lbs (to simulate the weight of a 6yr old climbing on it), so you often need more than one anchor or multiple sets of anchors (if they come 2 to a package for example) to secure one piece of furniture, depending on how much weight the anchor can hold.  It's best to overestimate!

Professional childproofers strongly recommend anchors that have no plastic parts that can become brittle or break, and anchors that have been lab tested for weight capacity if possible. This can be a simple and inexpensive "L" bracket, any steel cable style anchor, or a heavy duty furniture strap with metal attachments for the wall and furniture side. These are included in my resource list here. 

Devices that can be used to secure furniture safely:

L-Brackets 
They can be found at any hardware store, come in different lengths and widths depending on your needs.  Inexpensive and effective.  Need appropriate sized and length screws as well. Not sure what you need?  Just ask an employee at the local hardware store!

Safety First Furniture Wall Straps

Safety First Furniture and TV Combination Straps (either furniture, or TV, or both)


KidCo Anti-Tip furniture Straps

Quakehold furniture straps option 1 and Option 2

Hangman Anti-Tip kit (up to 400lb) and how to install
 
Quakehold Heavy Duty Steel Furniture Cable

Safety Innovations Furniture and TV Straps (hold 150-200lb per manufacturer) 

Additional Important Information:
  • All anti-tip devices must be secured into a stud in the wall and into SOLID WOOD, not into the flimsy press board backings of some furniture.  If you do not have wood studs, inquire at your hardware store or with a professional childproofer as to what type of bolts or fasteners and style of drill bit you need to use for brick, concrete, horsehair walls, or other non-traditional material.
  • Not all devices work for all pieces of furniture or in all locations where that furniture might be in a room.  You need to choose carefully and appropriately.  
  • Even if secured, you must periodically check the straps to be sure they are still secure and not pulling out of the furniture, TV, or wall-  plastic parts especially can become brittle or break over time or with repeated forces being applied to them, causing them to fail. This is why I recommend choosing anchors with no plastic parts if possible.
  • You may need to rearrange furniture to make it safe and attach it to the wall safely.  Visible anchoring devices or furniture in a different place than you would prefer it are a small price to pay for your child's safety. 
  • You may need to remove furniture that cannot be safely secured or gate off or restrict access to rooms where furniture and TV's are not safely secured. 
  • Don't forget to secure appliances, filing cabinets, and other non-traditional furniture that poses a tip-over hazard.
  • Don't forget to check if furniture and TV's are anchored at the homes your child visits, including in home and institutional day care centers.

 IMPORTANT:  Even if your furniture comes with a restraining device, it may not be sufficient to hold the weight of the furniture!  I strongly recommend you use a store bought restraining device instead of or in addition to any anchor that comes with furniture.  Anchors sold with furniture are not currently required to be tested for safety and there is no guarantee they will safety hold the furniture to the wall
·         
 Note:  I do not recommend the use of cable ties or Mommy’s Helper Furniture Straps as they are plastic cable ties and will likely not bear the weight of most fully loaded pieces of storage furniture and the plastic cables often become brittle and break easily after a short time and feel they give the user a false sense of security.  I have personally had this specific furniture strap fail (the cable tie snapped) after only a few months of use. 

TELEVISIONS: Devices to secure TV’s to the wall: 

The safest way to secure a TV is to purchase a flat panel TV and mount it directly to the wall.  If you cannot do that, please use one of the devices below.  Even large rear projection and other big, heavy TV’s do pose a danger and should be secured if you cannot replace it with a flatscreen.  If you dispose of a tube TV, remove it from your home and cut the cord so it cannot be used unsafely elsewhere and recycle it properly.  Some electronic stores will take them back for recycling!

Safety first furniture and TV Strap

Hangman Anti-tip Flatscreen TV Strap and how to install video

​
Quakehold Straps Big Screen and Appliance Strap

KidCo Anti-Tip Television Strap (for flat screen TV’s)

HOW DO I PROPERLY SECURE FURNITURE TO THE WALL?
You can find many how-to videos on YouTube, but these are two I recommend.  

CPSC How to anchor it video for anchoring furniture

Consumer Reports Video on how to secure furniture to the wall

But I don't have the right tools or I'm afraid I can't do it right.  What can I do?
If you don't have the right tools (drill, stud finder, measuring tape), are unsure how to use them, are worried you'll do it wrong, or if you have a spouse or parent who isn't willing to do it for you, don't worry!  There are other options!  
  • Ask a handy friend, neighbor, or family member to help you!  Either to borrow the tools, show you how to use them, or help you do it.  Even if your spouse or parent is against it, they won't undo it once it's done!  You need to do what's best to protect your child.
  • Get together with a group of friends.  Buy them pizza and have them over for an "anchoring" or childproofing party!  Then next weekend, you return the favor for them!  This is a great idea for expecting or new parents, or anyone who has friends/family who also want to secure their furniture/TV"s and childproof! 
  • You can hire a handy man or professional childproofer to help you.  You can find professional childproofers in your area at the International Association for Child Safety

Where to buy anti-tip devices?
You may find some of the products at some 'big box' department and home improvement stores (or their Web sites), stores that sell other childproofing supplies, and online at Amazon.com or sites that sell safety devices for the home. Not all stores carry them, but many do have them on their websites.  If they don’t carry them, educate them and encourage them to stock them!  Amazon.com carries all the brands recommended here.

If you still have questions, you can message me at [email protected]
​
33 Comments

We need your help to pass the STURDY Act and stop furniture tip-over.  Here's why and how, in 3 easy steps!

1/5/2020

35 Comments

 
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The dresser that killed Meghan. Made by Ragazzi as part of a Nursery set (with matching crib). It took 2 adults to move it. Meghan weighed 28 pounds.
A call to action 
Ok my village.  The time is now!  I need each and every one of you to help us get the STURDY Act through the U.S. Senate. I can't do it without your help and I need a LOT of help!

This bill is the fastest and most likely way to ensure that a mandatory and effective furniture safety and stability standard is created and enforced. This is an urgent appeal, as time is of the essence and we only have a few months to make this happen, which means we need to mobilize and use our collective voices now!  Are you in?

What is the STURDY Act and why do you want me to contact my senator about it?
This blog will tell you what the STURDY Act is, why this is so important, why I need your help, and how easy it is to do provide that help! I've made it as quick and easy as possible! I'll even tell you how to find out who your Senators are, how to reach them, and what to say and write if you aren't sure how to do any of those things.

I promise, it will be easy and take very little time for you to help me keep my promise to Meggie to #stoptipovers!

What is the STURDY Act?
The STURDY Act stands for Stop Tip-Overs of Unstable Risky Dressers on Youth.  It requires that the CPSC issue a mandatory rule (furniture safety standard) within one year of it's enactment that would mandate:
  • Testing on all clothing storage units, regardless of height
  • Require that testing to simulate the weight of a child 72 months of age
  • Require testing that accounts for the way children interact with furniture in the real world.  Testing that would include loaded drawers, multiple open drawers, accounting for the impact of carpeting on stability, and simulating the dynamic forces a climbing child would cause
  • Mandate strong warning requirements and labels

Why do we need it to become law?
  • Because the current voluntary furniture safety standard is not stringent enough. 
  • The voluntary standard means it's optional to follow the voluntary safety standards, manufacturers do not have to comply with it, and many don't. 
  • Until ALL manufacturers must follow the same safety standards by law, and there are repercussions (legal and financial) for not complying, it won't happen.  
  • The furniture industry as a whole (not all manufacturers, but many), is resistant to making these changes to the voluntary standard.  Why?
    • It's been 19 years and it hasn't happened yet.  If they wanted to, it could have been achieved years ago
    • They are afraid it will cost them money and reduce profit margins to make these changes to the way they produce furniture currently
    • Some don't believe there is a big enough problem to warrant a change to the voluntary standard, let alone a stronger mandatory one. They claim there is not enough data, AKA, not enough dead and injured children to warrant change
    • The manufacturers who are or want to do the right thing are afraid their competition will out-sell them if the "bad actors" don't have to comply, which will impact profits, so they are reluctant to make the standard any stronger
    • Many manufacturers actually want a mandatory standard to level the playing field and force everyone to follow the same rules, but we want it to be stronger and more effective than the current voluntary safety standard is.  But until it's required by law, they are highly unlikely to do the right thing because it will cost them more to produce the furniture which means lower profits for the companies
The industry knows right now, how to make furniture more stable and less likely to tip.  They have the ability to test furniture to the standard the STURDY Act would require, and some already do!. But they are few and far between. Without a law and accountability, the "bad actors" continue to put children's lives at risk. 

Because it's only optional/voluntary right now, until it's required by law, and instability is engineered out of furniture by design, and clothing storage furniture is tested to a minimum effective safety standard that is universal and mandatory, children will continue to be injured and killed by dressers and other pieces of furniture.  It's that simple. The statistics over the last 20 years have proven this time and time again. 

If you've not read my previous blog posts about why we need the STURDY Act and the problems with the CPSC's authority and the voluntary furniture safety standard process, please do take the time to read them for the background history that explains why the STURDY Act is so vital to significantly reducing the number of injuries and deaths to children from tip-overs.  These are also great links to include when you write to your Senator! You can find them here:

The STURDY Act:  Why we need Congress to do now, what the CPSC and ASTM furniture safety sub-committee have not been able to do

Preventing Furniture Tip-Overs: The Data Dilemma

What's wrong with the current system for developing stronger furniture safety standards?

Broken: Deadly Dressers.  A review and understanding of the scope of furniture tip-overs

Why do I need ALL of you to contact your Senators and ask them to support the STURDY Act?
  • Because the more people they hear from, the more likely they are to move this bill forward.  Without their constituents letting them know this issue is important to them, they won't take it up for a vote.  They may not even know it exists!
  • Because they will only "listen" to their constituents, meaning people who live in their state and can vote for them. 
  • The more people our Senators hear from, and the more compelling our calls and letters, the more attention they will pay to this bill and the more likely it will be that they they will co-sponsor it, present it to the full committee for a hearing and discussion, and hopefully pass to the full Senate and on to the President for signature into law.  
  • Because we need every U.S. Senator to become aware of the STURDY Act, understand why it's so important, and ask that they co-sponsor it,
    • We especially need those who are members of the Senate Committee on Commerce, Science, and Transportation and the sub-committee on manufacturing, trade, and consumer protection to co-sponsor it.
      • ​It's vitally important that we contact the Republican members of that committee and of the entire Senate for that matter, to educate them and ask that they co-sponsor and support this bill. 
      • For that reason, if you are from, or know someone who is from the following states, I especially need your help!  Mississippi, South Dakota, Missouri, Texas, Nebraska,Kansas, Arkansas, Colorado, Tennessee, West Virginia, Utah, Wisconsin, Indiana, Florida, Washington state, Minnesota, Hawaii, New Mexico, Michigan, Montana, Arizona, and Nevada.
  • Because by contacting every Senator we can, by as many people as we can, is the best chance we have of getting the subcommittee to schedule a hearing and the best chance of making a significant impact on the numbers of children injured and killed by dressers and other clothing storage furniture.

Whether your Senators are Republican, Democratic, or Independent, my goal is that with your help, all of them will become aware of the issue of furniture tip-over, the STURDY Act, and be compelled to co-sponsor and support it in the next two months. 

Why do we need your help?
On September 17th, 2019, the STURDY Act passed the U.S. House of Representatives with bipartisan support (HR 2211) and was referred to the Senate committee on science, commerce, and transportation, where it had first been introduced by Senator Robert Casey on June 19th, 2019. 

The Senate had made it clear that they will not even consider any bill that does not have a Republican co-sponsor and Republican support. I can assure you that tip-overs are not a partisan issue.  Furniture falls equally on both Democratic and Republican children (and adults!).  This is an issue of child safety, not one of politics or partisanship. The STURDY Act will save lives.  We need to ensure the Senators all understand this about the STURDY Act.

Senators need to hear from YOU, their constituents, to not only be made aware of the issue of tip-over, but that you want them to take action to stop it by supporting, co-sponsoring, and passing the STURDY Act in the Senate in this session of Congress (this year).

At the very least, the chair could at least have a hearing on the bill, to learn more and do their due diligence for the greater good of their constituents! I can write to every Senator in the U.S. but only the ones from my state will likely listen to me, since others can't get my vote.  This is why I need your help! 

Here's how you can help!
It's quick and it's easy and there are 3 ways you can help.  Choose one, or better yet, choose all 3! 
  1. Write to your senator, either by email or the old fashioned way, with a letter through the mail.  Email is faster and will get read more quickly, but doing both is ideal.  If you email, you can use the contact form on their Website or email an aide directly. I have contact information for every senator, so feel fee to message me if you can't find it and need help!
  2. Call your Senator's Washington, DC office and ask to speak to their legislative aide.  This is important, even if you write to them, you should call them, too. To follow up on your email and/or letter, and to ensure your request reaches a human! It can take weeks for those emails and letters to get read, and while they are important, a phone call is an immediate way to alert your Senator about the issue, why it's important to you, and why you want them to support and co-sponsor the STURDY Act. It also gives them a heads up to be looking for that email or letter and hopefully peak their interest enough to want to learn more and follow up. 
  3. Call your Senator's local district office closest to you and request a meeting with them when they are in their home state (or, if you'll be in D.C, in their D.C. office) or they may offer you a meeting with a legislative aide if a meeting with the Senator can't happen in the next few months.  This is an important and powerful way to use your voice on any issue, but especially this one.  Personal face to face connections are the most effective way to get support and make an impact.  My own Representative has told me that many times. 
  4. Share this quick and easy (literally takes one minute) way to send a form letter to your Senator on your social media accounts with a brief explanation as to how one minute of their time can save lives. While a call and personal letter are more effective, sending a form letter request that literally takes a minute, is better than nothing!  Click on the link in pink!  You'll need to enter your name, email, phone #, home address, and zip code (these details are required by Congress to verify and ensure your letter goes to your state Senators) End Deadly Tip-Overs: Send a letter to your Senator asking them to support the STURDY Act and it takes literally one minute! 

How do I find out who my Senators are and how to contact them?
Go to www.senate.gov/senators/contact and use the drop down menu to choose your state.  That will bring you to a listing of your state's senators, their D.C. address and phone number, and a link to contact them. 

Once you know who your senators are, you can also Google their name and find their Website, if there is not a link from the senate.gov page. Their official Website will have their local office locations and contact information as well as other information you might find helpful or interesting about them, like what other bills they support and their public schedule.

What do you say when you call or write your Senator?
I've made it easy for you!  If you are not sure what to say or write, I've provided a sample letter and script here.  Feel free to use it as a guide if you need to. Using a personal why/story is much more effective than just asking them to support and co-sponsor a bill they know nothing about.  Since you most likely will be talking to an aide unless you secure a face to face meeting, you need to educate them when you call and write.

When you call:
  • Call your Senator's Washington, D.C. office phone # and ask for the legislative aide.  If they are not available, then it's fine to leave a message on their voice mail after speaking with the aide that answers the phone about why you are calling. Go through this entire script if you can with each person you speak with!
  • Get the aides name, phone extension, and email address if possible so you can follow up.  Make note of the date you called, too.  
  • Send me a message via Facebook or at [email protected] to let me know which senators you have contacted please, and message me again if you get any response or follow up from them at all at a later date, too! I'd like to keep track for my own reference should I have the opportunity to testify before the Committee.
  • Here's a script you can use:
" Hi, my name is _________________ and I'm from ______________________ (town, state).  I'm calling today to ask Senator _______________'s support of the STURDY Act, bill S1902.  It stands for Stop Tip-Overs of Unstable Risky Dressers on Youth.  Did you know that every 24 minutes a piece of furniture tips over in the U.S. and that every 37 minutes a child is sent to an emergency room with injuries from a fallen piece of furniture? About every 11 days a child dies from those injuries. We know that from 2000-2018, there were 556 deaths due to tip-overs, and 459 of them were children, which means while most of these injuries and deaths happen to children, they can happen to adults, too! Have you ever heard of this danger before?

<if yes, engage in conversation about how they knew.  If no, then share your personal connection, or Meghan's story and how it impacted you, and why preventing tip-over is so important to you.  Maybe because you have young children and until you heard Meghan's story, you had no idea, maybe your child or even you had a near miss and didn't realize how lucky you were, maybe you had a dresser that's been recalled or you saw the documentary BROKEN.  Whatever your connection is, share it and it's ok to be emotional!> 

This bill would require that the CPSC issue a mandatory rule (furniture safety standard) within one year of it's enactment that would mandate:
  • Testing on all clothing storage units, regardless of height
  • Require that testing to simulate the weight of a child 72 months of age
  • Require testing that accounts for the way children interact with furniture in the real world.  Testing that would include loaded drawers, accounting for the impact of carpeting on stability, and simulating the dynamic forces a climbing child would cause
  • Mandate strong warning requirements and labels
The STURDY Act passed the House in September with bipartisan support, and is now in the Senate Committee on Commerce Science and Transportation.  I know there is a lot on the Senator's plate right now, but this is an issue that affects every single one of their constituents.  Furniture tip-over is not a partisan issue, it's a safety issue.  Furniture falls on Republican and Democratic children equally, and their parents are equally devastated when it happens.  The Senator is in a position to save lives and protect their most vulnerable constituents, our children. 

In the course of your day today, 70 people will be victims of a tip-over.  38 will be rushed to an ER.  One of them may die from their injuries, or suffer a catastrophic, life-changing injury. It could be a child you know and love. All of them could be prevented, if the STURDY Act were law.  

As the voice of the people in the Senate, Senator___________ has the opportunity and the power to protect children from this danger in every home, right now.  I respectfully ask that the senator take the time to learn more about this issue and strongly consider co-sponsoring the STURDY Act to send a message to your constituents and your colleagues that protecting their children is a top priority for you. 

I am happy to send you additional information/links to the bill, and resources that you may find helpful for yourself and Senator _____________ as they consider their support of this important safety legislation. What is the best email address for me to send that to? My contact information is ___________________ (name, phone/email). Could I please have your name and contact information as well?  

Thank you so much for your time and it's my sincere hope that Senator _____________ supports this important and lifesaving bill and signs on as a co-sponsor."

If you write:
  • Send your letter or email to their Washington D.C. office address and to the attention of their legislative aide.  If you don't know who their legislative aide is you can call and ask for that person's name and email address or just put "Attention: Legislative Aide" in your email subject line or on your envelope. This helps get your letter into the right person's hands faster.  Know that it can take weeks or your letter to actually reach someone's desk.
  • You can find a generic letter here.  All you need to do is personalize it with your Senator's contact information, your contact information, and ideally a brief, personal story explaining why this issue and bill is important to you. You can share how Meghan's story impacted you, your own story of a tip-over or near miss, or that of someone you know personally, and why you want them to represent your voice by co-sponsoring this bill. These areas that need you to edit/change are highlighted in yellow.  You will need to copy and paste the letter, personalize it, eliminate the highlighting, and then you can send it via email or regular mail.  Or even better, both! 
  • You can of course, also write your own letter, too. You don't need to use the template I provided! 
  • You can/should also refer to the STURDY Act by it's name and bill # which is S1902, the STURDY Act Fact Sheet, and attach both to any emails you send and print a copy to mail if you are mailing the old fashioned way. 
  • You can also refer them to Meghan's Hope, Consumer Reports (search furniture tip-over) and Parents Against Tip-Overs if they have any questions or would like additional information 

Up the ante, and encourage your friends and families to do the same! 
Please encourage your families and friends in your state and other states to also contact their Senators and ask them to co-sponsor and support the STURDY Act. Share this blog post along with an explanation of why you want your friends and family to take a few minutes to use their voice to protect kids from tip-overs and prevent any other family from knowing my pain.  People are far more likely to click on a link and take action, as well as share it with others, if you include your personal reasons for asking them to. 

There is tremendous power in numbers and the more people they hear from, the more aware they will become about tip-overs, the more likely they will be to support and co-sponsor the bill, and the more likely they will be to give this bill a chance to be heard and discussed in the committee, and hopefully, become law by the end of this session of Congress.

Otherwise, it will die there at the end of this year without ever being recognized or discussed when this session of Congress ends, as will countless more children, until an effective mandatory furniture safety standard is a reality, and without the STURDY Act becoming law, that is far less likely to happen. 

Thank you for your help and your support!  If you have any questions or need any assistance, please message me at [email protected].  








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    About Kimberly

    Kimberly is Meghan's mom and passionate about child and home safety.  A mom of 3 and a dynamic and insightful educator, her hope is that no other parent ever know the pain of her loss.  

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