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Vol. 138, No. 7 — April 7, 2004 Registration HAZARDOUS PRODUCTS ACT Order Amending Part I of Schedule I to the Hazardous Products Act (Baby Walkers)P.C. 2004-255 23 March, 2004 Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 6(1) (see footnote a) of the Hazardous Products Act, being satisfied that certain products are or are likely to be a danger to the health or safety of the public by reason of their design, construction or contents, hereby makes the annexed Order Amending Part I of Schedule I to the Hazardous Products Act (Baby Walkers). ORDER AMENDING PART I OF SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT (BABY WALKERS) AMENDMENT 1. Part I of Schedule I to the Hazardous Products Act (see footnote 1) is amended by adding the following after item 11: 12. Baby walkers that are mounted on wheels or any other device permitting movement of the walker and that have an enclosed area supporting the baby in a sitting or standing position so that their feet touch the floor, thereby enabling the horizontal movement of the walker. COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. REGULATORY IMPACT (This statement is not part of the Order.) Description The purpose of this Order is to protect children against the hazards posed by baby walkers. In particular, to prevent injury, even death caused by stairway falls and having access to cords and other objects. This is accomplished by prohibiting the advertising, sale, and importation of baby walkers in Canada. The Hazardous Products Act (HPA) is used to prohibit or regulate the advertisement, sale, or importation of products which are, or are likely to be, a danger to the health and/or safety of the Canadian public. Part I of Schedule I to the HPA is thereby amended by adding item 12, which reads as follow:
Health Canada is seeking to prohibit baby walkers because the dangers posed by the use of this product outweigh any suggested benefits. Many people purchase baby walkers under the belief that it fosters a child's development, however, this is false, as baby walkers encourage children to use the muscles in the back of their legs and toes, instead of both the back and front muscles that walking requires. Furthermore, when children are put in walkers, they are not given the opportunity to learn to crawl, which is an important step towards exploring and walking. Not only do baby walkers not have any developmental benefits, they are also dangerous. Each year in Canada, many infants are injured as a result of this product. Babies in walkers can move quickly and be exposed to a number of hazards. They can bump into furniture, access hot surfaces and pull on hanging appliance cords. Additionally, walkers can tip over or fall down stairways. This can result in severe bodily injury, including head trauma or death. A baby in a walker can move at approximately three feet per second and even the most attentive parent may take their eyes away from a child for such a period of time to allow an accident to occur. Currently, Canada has no Regulations pursuant to the HPA concerning baby walkers. In 1989, the Consumer Product Safety Bureau worked with the Canadian industry to create a voluntary safety standard to address the risks posed by baby walkers. The voluntary standard consisted of labelling and instructional information, as well as performance requirements relating to the minimum width of a baby walker product. Given the large width requirement (to prevent a baby walker's passage though a standard size doorway), baby walkers became less practical and accordingly unattractive to consumers; thereby resulting in low profit margins to retailers of these products. The voluntary adoption of the standard constituted a voluntary prohibition by industry. At that time, the Canadian Juvenile Products Association (CJPA) represented the baby walker industry and monitored the voluntary prohibition of baby walkers. In 1997, the CJPA ceased to exist and a number of its members subsequently joined the U.S. Juvenile Products Manufacturers Association (JPMA). Since 1997 and in the U.S., JPMA members have been closely involved with the development and revision of a voluntary safety standard for baby walkers under the American Standards for Testing Materials (ASTM). This standard (Standard F977-00) requires that baby walkers be designed to prevent falls down stairs by stopping at the edge of a step, or alternatively, be a minimum of 914 mm (36 inches) wide, such that they cannot pass through a standard size doorway. Although the previously stated requirements afford a nominal level of safety with respect to the prevention of stair falls, the safety issues of proximity remains unaddressed by the ASTM Standard. The proximity safety issue refers to the ability of a child, in a baby walker, to move around and reach to high areas that are normally inaccessible by an infant. Accordingly, baby walkers (including ASTM Standard compliant baby walkers) may allow infants to reach and pull down any number of items such as hot kettles, lamps, and toasters; this may result in burns, scalds, abrasions, and bruises. Although the voluntary standard of 1989 essentially halted the importation and sale of baby walkers in Canada, limited numbers (not compliant with the voluntary standard) did continue to find their way onto the Canadian market. However, with the introduction of the 1997 U.S. ASTM Standard, significant numbers of ASTM-compliant baby walkers are now being imported into Canada and sold by mid-size stores and chains. It is also worthwhile to note that flea markets and street-corner vendors continue to sell the European and Asian varieties of baby walkers that are not ASTM-compliant. It is the position of Health Canada that the U.S. ASTM Standard for baby walkers does not provide for an adequate level of safety for children that make use of these devices. This position is detailed in a Health Canada study entitled: Health Canada, Mechanical and Electrical Hazards Division, Test Report — TESTING OF BABY WALKERS, August 21, 2002. During this study, ASTM-compliant baby walkers were sampled and tested at the Health Canada Product Safety Laboratory and it was determined that the safety requirements put forth by the ASTM Standard cannot guarantee that a walker will not tumble down one or more stairs. Furthermore, it is the position of Health Canada that baby walkers are inherently unsafe and the dangers they pose outweigh any suggested benefits. Therefore, Health Canada is prohibiting the importation, sale, and advertisement of baby walkers in Canada, as anything less would fail to adequately address the fundamental safety issues. Pursuant to subsection 7(1) of the HPA, the Minister of Health shall cause a copy of the order amending Part l of Schedule 1 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the order is made. If both Houses of Parliament resolve that the order amending Part 1 of Schedule 1 should be revoked, the order or that part thereof will thereupon be revoked. Alternatives In order to effectively address safety concerns associated with the use of baby walkers in Canada, Health Canada considered the following four options. Status Quo-Maintain the Existing Voluntary Standard At present, primarily due to the Canadian voluntary standard of 1989, there is no production of baby walkers in Canada. Additionally, since 1989, imports and sales of baby walkers in Canada have reduced to a trickle. However, each year, imports and sales of baby walkers increases and furthermore, in 1997, the CJPA (overseer of the voluntary standard) ceased to exist. Accordingly, there is no longer an organization to administer the voluntary standard. Since 1997, and the introduction of the ASTM Standard on baby walkers, ASTM-compliant products are now available at mainstream Canadian retail outlets, while non ASTM-compliant baby walkers continue to be sold at flea markets and street corners. Maintaining the existing voluntary standard will result in the increased use of baby walkers in Canada. This option contains no provisions to prevent a return of commercially available baby walkers and does not prohibit the passing down of baby walkers within families or the cross-border importation of baby walkers by individuals. The major weakness of a voluntary standard is that it is not difficult to enforce it before the courts; retailers and importers will continue to distribute baby walkers with impunity. This option was not considered as an alternative to the legal prohibition of baby walkers as it is partially unenforceable, but also fails to address safety concerns adequately. Adopt the U.S. ASTM Standard in Canada A variety of mechanisms such as voluntary agreements, Memorandum of Understanding or regulations could be employed for the purpose of endeavouring to ensure that all baby walker products distributed in Canada meet the requirements of the U.S. ASTM Standard. However, this option pre-supposes that ASTM-compliant baby walkers are safe. Health Canada has determined this is not the case. ASTM-compliant baby walkers do not address the safety issue relating to proximity, and additionally, the ASTM Standard allows for baby walkers, that are greater than 914 mm (36 inches) wide, to not be equipped with anti-skid strips. Accordingly, it remains possible for children to propel themselves down steps or staircases that are wider than standard width. Furthermore, Health Canada's testing of anti-skid strip equipped walkers demonstrated that it remains possible for these products to tumble down staircases. This option was not considered to be an alternative to the legal prohibition of baby walkers, as Health Canada is not satisfied that ASTM-compliant baby walkers provide an adequate level of safety to their users. Develop a Unique Canadian Regulation Legally binding, unique Canadian requirements could be put in place, such that baby walker products could still be advertised, sold, and imported into Canada. However, this option is not practical for a number of reasons. Under the ASTM, the U.S. government and U.S. based children's products manufactures worked, for a number of years, to create a standard to endeavour to make safe baby walkers. The resulting ASTM Standard does indeed increase the safety of these products, however, it does not totally address safety concerns relating to stair falls, nor does it address the safety issue of proximity. It is unlikely that unique Canadian requirements could be fashioned that would be superior to the requirements of those put forth by the ASTM Standard. Furthermore, it is the position of Health Canada that the fundamental concept of a baby walker is unsafe, as the product will allow a child, that does not yet have the appropriate cognitive abilities (to understand dangers), to move about freely. This option was rejected. A Legally Binding Prohibition of Baby Walkers A legally enforced prohibition would make it illegal to import, sell or advertise baby walkers in Canada. This would allow for Health Canada Inspectors to seize any new or used baby walkers offered for sale or imported anywhere in the Canadian marketplace. The option to prohibit is a preferred option where a regulation would not provide an adequate margin of safety, and the risk of injuries associated with a product can be serious, up to and including life threatening injuries or death. Data illustrates that injuries associated with baby walkers are serious and have also resulted in death. As the safety of children cannot be addressed adequately by a regulation (or standard) and the risk of injury or death associated with baby walkers remains high, a prohibition on baby walkers is the most effective approach to manage the risks associated with these products. Furthermore, as it is the position of Health Canada that the fundamental concept of a baby walker is unsafe, as the product will allow a child, that does not yet have the appropriate cognitive abilities (to understand dangers), to move about freely, clearly a prohibition of these products is the only method to mitigate the hazard. A prohibition will respond to all safety issues surrounding baby walkers. Enforcement actions will be effective, as no exceptions could occur. Additionally, since there will be no situations relating to product recalls, defects and compliance testing, representatives of the Canada Border Services Agency will have no difficulty in discerning whether or not a baby walker product should be allowed entry into the country. The prohibition will send a message not only to importers, but also to Canadian parents and caregivers, that baby walkers present demonstrable and unacceptable risks to the safety of children and accordingly, should not be used. However, it must also be acknowledged that prohibiting baby walkers will reduce consumers' choices and will take away the right of Canadians to purchase a product that is sold in the United States and elsewhere. Nonetheless, the primary beneficiaries of this prohibition will be Canadian infants who are too young to understand the risks associated with the use of these products and (via the prohibition) will not become injured as a result of a baby walker related mishap. As the safety of children cannot be adequately addressed by a regulation (or standard) and the use of these products could lead to serious injury (or death); and as it is the position of Health Canada that the fundamental concept of a baby walker is unsafe, a prohibition pursuant to the HPA of these products is the preferred option to mitigate the hazards associated with baby walker products. Benefits and Costs The primary benefit of the prohibition of baby walkers pursuant to the HPA will be a reduction in injuries (and deaths), to Canadian children, associated with baby walker related mishaps. In these instances, the most common mechanism of injury results from falls down stairs and most frequently, this results in serious injuries such as concussions, skull fractures or inter cranial haemorrhaging. The cost of illness for each of these injuries has been valued at $6,000, $11,000, and $54,000 respectively. Scalds and burns are other injuries that are often related to baby walkers mishaps and the cost of illness for these injuries range from $20,000 to $30,000. However, cost of illness figures are typically underestimates of the true willingness to pay to avoid an injury, as factors such as pain, suffering and other out of pocket expenses are not included. Additionally, the potential for fatality remains present and the value of a young child's life has been placed at approximately $1,000,000. Accordingly, it is considered that a prohibition of baby walkers will significantly reduce deaths and injuries associated with the use of these products. Costs associated with the legal prohibition of baby walkers in Canada are low due to the following factors: • baby walkers are not manufactured in Canada; • sales of baby walkers in Canada are limited (due to the existing voluntary prohibition); and • Canadians have become accustomed to the unavailability of baby walkers. Additionally, the cost to Health Canada to enforce the legal prohibition is the least expensive manner in which to put in place controls concerning the safety of baby walker products. This is because the sampling and testing of products will not be necessary, as it will automatically be the case that any baby walker found on the Canadian marketplace will be immediately known to be in contravention of the HPA. Accordingly, costs of developing or updating standards or regulations will be avoided and furthermore, Health Canada's product safety inspectors and the Product Safety Laboratory will not be required to undertake time consuming and expensive sample collection and analysis. Due to the fact that the cost associated with the legal prohibition of baby walkers is low, the corresponding benefits (primarily associated with the cost of injury treatment); it is apparent that the benefits outweigh the costs. Furthermore, it is worthwhile to note that the prohibition of baby walkers is the least expensive method of putting in place controls with respect to the safety of these products. Consultation During September 2003, Health Canada mass-mailed 7,298 consultation packages to organizations and individuals associated with the children's products industry, as well as health care professionals. Specifically, the consultation package consisted of information concerning Health Canada's intention to ban baby walkers and also solicited interested parties to respond with comments and/or concerns. The package entitled: Health Canada, Regulatory Initiative-Proposed Ban of Baby Walkers, September 15, 2003 was mailed to distributors, importers, manufacturers, and retailers, as well as health care professionals, associations, and child safety advocate organizations. The closing date for comments was November 3, 2003 and 270 replies were received by Health Canada. Of those received, only four opposed the proposal, while the remainder were in favour of the Health Canada proposal to prohibit these products and typically noted concerns regarding falls. Those opposed to the prohibition focussed primarily on an individual's right to chose for themselves and some felt that a baby walker will help a child to develop motor skills. Additionally, the U.S. Juvenile Products Manufacturers Association felt that Canada should formally adopt the ASTM Standard. Since 1989, efforts have been made to educate both industry and the Canadian public regarding safety concerns associated with baby walkers and Health Canada has been actively endeavouring to discourage their distribution and use. Accordingly, a legally binding prohibition of baby walkers has been anticipated by many of the affected parties. Compliance and Enforcement Compliance and enforcement of the prohibition of baby walkers products will follow Departmental policy and procedures, including inspection at retail, as well as follow up on the Canadian public and trade complaints. Action taken for non-compliance will range from negotiation with stakeholders including traders for the voluntary withdrawal of products from the market to prosecution under the HPA. Contact
Michel P. Baillot, P.Eng.
R.S., c. 24 (3rd Supp.), s. 1 R.S., c. H-3 |
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