Vol. 138, No. 18 — May 1, 2004

Cribs and Cradles Regulations

Statutory Authority

Hazardous Products Act

Sponsoring Department

Department of Health

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The purpose of this regulatory initiative is to improve the protection of the health and safety of the Canadian public, especially children, when using cribs and cradles. This is accomplished by amending the current Hazardous Products (Cribs and Cradles) Regulations, as well as Item 25 of Schedule I to the Hazardous Products Act (HPA).

The proposed amendment to the current Cribs and Cradles Regulations and to Schedule I of the HPA seek to

1. eliminate toeholds that could enable a child to climb out of a crib and fall to the floor with a risk of injury;

2. increase the side-height requirements from 560 mm to 660 mm for rigid folding and rigid portable cribs to make them similar to the requirement for standard cribs; and

3. update the Regulations, which includes amending Item 25 of Part II, Schedule I, to the HPA, from "Standard cribs, portable cribs and cradles" to "Cribs and cradles" thereby broadening the definition of a crib.

In response to industry requests, the proposed amendment also seeks to

1. clarify the definitions of the various types of sides in cribs;

2. continue the exclusion of fabric or soft-sided portable cribs from the scope of the Regulations; and

3. harmonize Canadian requirements with those of the United States concerning the safety of crib corner posts.

The HPA prohibits or restricts the advertisement, sale or importation of products which are or are likely to be a danger to the health or safety of the Canadian public. Under the authority of the HPA, the Cribs and Cradles Regulations were introduced in 1974 as a measure to reduce deaths and injuries associated with the use of these consumer products.

During 1994, a proposed amendment to the Cribs and Cradles Regulations was published in Part I of the Canada Gazette. However, this proposed amendment was ultimately withdrawn and, accordingly, was never published in Part II of the Canada Gazette. In 1994, it was proposed to separate safety requirements for cribs from those of cradles and, therefore, two distinct regulations were considered. In due course, this proposal was deemed unnecessary and never entered into force. The current proposed regulatory amendment not only continues to contain merged safety requirements for both cribs and cradles, but also harmonizes Canadian requirements with those of the United States (concerning the safety of crib corner posts).

Cribs and cradles are intended to be used for children without adult supervision. Children constitute a particularly vulnerable segment of the population because they cannot recognize potentially hazardous conditions and, therefore, require a high degree of safety. The Cribs and Cradles Regulations specify the minimum safety requirements that these products must meet in order to limit the risk of death and injury to users.

Between 1972 and 1986, a total of 74 deaths directly involving cribs were reported to Health Canada. An amendment was brought to the Regulations in 1986 and, since then, no deaths involving a crib (that met the requirements of the Regulations) have been reported to Health Canada. Each year however, falls from cribs continue to be the primary cause of injuries. Data from Health Canada's Canadian Hospital Injury Reporting and Prevention Program indicate that 75 percent of crib injuries reported in ten pediatric and five general hospitals between 1990 and April 2002 were the result of falls, two thirds of which occurred when the child climbed over the rail and out of the crib. The same set of data also indicates that approximately 56 percent of crib-related injuries involved the head, face and neck, hence the potential for serious injury. Given the high incidence of head injuries to children who climb out of their crib, it is unacceptable to permit the sale of a class of cribs with less stringent safeguards such as a lower side-height requirement for rigid-sided portable cribs to protect climbing children. The high rate of falls associated with cribs also underscores the need to eliminate toeholds that enable a child to climb out of the crib.

Folding and portable rigid cribs are less common than standard cribs. Folding cribs are used mainly for travel, including in hotel establishments, as they can be folded for storage without disassembly. Health Canada has received complaints about the safety of these cribs. The current Regulations have different side height requirements for portable and standard cribs. The height requirements are 560 mm and 660 mm respectively. With the exception of mechanisms that control the folding of some rigid cribs, the proposed amendment will require the same side height requirements for standard non-folding rigid cribs and for folding and portable rigid cribs. The similar side height requirements will provide the same level of safety, regardless of the type of rigid crib.

The revised Regulations will prohibit the sale, advertisement and importation of both new and used rigid cribs and cradles which do not meet the requirements and will permit only those that meet the requirements of the Regulations to be sold, advertised, and imported.

Alternatives

Status quo

This alternative has been rejected, as it has been determined that the proposed regulatory changes are required in order to afford children in Canada an enhanced level of safety with respect to crib and cradle products. Should the proposed amendments not be made to the Regulations, the result would be that unsafe cribs and cradles would be available to Canadian caregivers.

Adoption of the proposed amended Regulations

This is the preferred method of ensuring that crib and cradle products that are available to the Canadian public afford children an adequate level of safety. The proposed regulatory amendment merely aims to clarify certain aspects of the existing Regulations, in addition to putting in place more stringent safety requirements concerning toeholds as well as increased side height requirements.

The clarifications to the definitions will facilitate compliance from various stakeholders, including the manufacturing industry, with the Regulations. Conversely, if the clarifications are not made, the current ambiguities could (as in the past) result in confusion for crib manufacturers concerning the requirements that apply to their particular crib and cradle products.

The requirement to eliminate crib toeholds is intended to help eliminate the means by which a child can climb out of a crib and risk injury. The industry is currently complying voluntarily and toeholds are essentially not present in cribs on the Canadian marketplace.

The current requirements for rigid portable cribs, folding or not, are less stringent for those pertaining to standard cribs, thus resulting in an increased risk of falls. In the proposed amendment, the safety of these cribs is enhanced by requiring that they have the same side height as rigid standard cribs. The alternative would be to continue with two levels of safety for products that are essentially similar and designed to provide sleeping accommodation for unattended children.

Benefits and costs

The primary benefit of the proposed amendment will be enhanced safety for children placed in rigid-sided cribs. In addition, the amendment will clarify warning statements regarding the proper use of cradles.

The amendment is enacted to decrease child injuries (primarily head injuries), and this should ultimately lead to a decrease in health care costs. Over the last nine years, toeholds have gradually been eliminated from crib and cradle design. Given that manufacturers modify crib designs on a regular basis, the elimination of toeholds should involve no manufacturing cost increases.

Stakeholders have expressed confusion regarding the types of cribs that fall within the scope of the existing Regulations and, accordingly, industry will benefit as a result of the proposed clearer definitions. Furthermore, greater harmonization of the Regulations with the requirements in the United States will facilitate stakeholders compliance.

Consultation

On February 26, 1994, a proposed amendment to the Cribs and Cradles Regulations was pre-published in Part I of the Canada Gazette. However, this proposed amendment was ultimately withdrawn and, accordingly, was never published in Part II of the Canada Gazette. In 1994, it was proposed to separate safety requirements for cribs from those of cradles and, therefore, two distinct regulations were considered. An information package and letter seeking comments on the proposed amendment was sent to 146 interested parties, including industry (manufacturers, retailers, importers and the industry association), the Consumers' Association of Canada, as well as other organizations such as the Canadian Paediatric Society and the Canadian Institute of Child Health. Since no concerns regarding cradles were raised by stakeholders, appropriate modifications were brought to the proposed amendment only with respect to the requirements for cribs. The 2004 proposed amendment to the Cribs and Cradles Regulations takes into account comments received in 1994 and recombines cribs and cradles into one regulation.

Compliance and enforcement

The proposed amendment will not result in any changes to Health Canada's enforcement activities, with the exception that compliance enforcement will be facilitated by the clear Regulations laid out by the amendment.

Compliance and enforcement will continue to follow Departmental policy and procedures, including inspection at retail, and 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

Mr. Jonathan Williams, Product Safety Programme, Healthy Environments and Consumer Safety Branch, Department of Health, Address Locator: 3504D, Ottawa, Ontario K1A 0K9, (613) 948-4671 (telephone), (613) 952-3039 (facsimile), jonathan_williams@hc-sc.gc.ca (electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 5 (see footnote a) of the Hazardous Products Act, proposes to make the annexed Cribs and Cradles Regulations.

Interested persons may make representations with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jonathan Williams, Manager, Mechanical and Electrical Division, Product Safety Programme, Healthy Environments and Consumer Safety Branch, Department of Health, MacDonald Building, Address Locator 3504D, 123 Slater Street, Ottawa, Ontario K1A 0K9 (fax: (613) 952-3039; e-mail: jonathan_williams@hc-sc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, April 26, 2004

EILEEN BOYD
Assistant Clerk of the Privy Council

SCHEDULE 1
(Paragraph 12(b))

STANDARD SANS-SERIF TYPE

SCHEDULE 2
(Subsection 19(1))

TEST FOR DETERMINATION OF MESH OPENING SIZES

1. The method to be used for testing the sizes of mesh openings on a crib or cradle is as follows:

(a) cut a sample of mesh with dimensions of 305 mm × 305 mm;

(b) apply a uniformly distributed load of 0.15 N/mm to two opposite edges of the sample so as to induce a state of uniaxial tension in the sample;

(c) attempt to insert the tip of a probe of the type shown in Figure 1 through openings in the mesh, without cutting the fibres of the mesh, using a force not exceeding 22 N at 10 randomly selected areas in the sample; and

(d) repeat the steps set out in paragraphs (b) and (c), to the other two opposite edges of the sample.

FIGURE 1

SCHEDULE 3
(Subsection 19(2))

TEST FOR STRENGTH OF MESH AND
INTEGRITY OF ATTACHMENT

1. The method to be used for testing the strength of mesh and the integrity of attachment of mesh to a crib or cradle is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib or cradle according to the manufacturer's instructions;

(b) secure the crib or cradle to a horizontal surface on its side, in a manner that will not impede the test, such that a side with a panel of mesh is positioned above its opposite side;

(c) any blocking or support necessary to maintain the position described in paragraph (b) may be used if the blocking does not act directly on the frame of the side under test;

(d) apply a metal loading block, having a mass of 9.18 kg and a base with dimensions of 150 mm × 75 mm, to the mesh, with the 150 mm sides running transversely to the longest side of the crib or cradle, in the following manner:

(i) gradually apply the loading block within a period of five seconds,
(ii) allow the loading block to act for 10 seconds,
(iii) gradually remove the loading block within a period of five seconds, and
(iv) allow a 10-second recovery time;

(e) repeat the steps set out in paragraph (d) to 10 other areas of mesh; and

(f) repeat the steps set out in paragraph (d) to three areas of each panel of mesh on the crib or cradle, as follows:

(i) at the geometrical centre of the panel of mesh or, if exterior framing interferes with the test, as close as possible to the geometric centre,
(ii) at the top portion of the panel of mesh, with the closer 75 mm edge of the loading block applied at a distance ranging from 25 mm to 50 mm from the centre of the top portion of mesh at the transverse centre line of the panel, and
(iii) at the bottom portion of the panel of mesh with the closer 75 mm edge of the loading block applied at a distance ranging from 25 mm to 50 mm from the centre of the bottom portion of mesh at the transverse centre line of the panel.

SCHEDULE 4
(Section 20)

SMALL PARTS CYLINDER

1. A small parts cylinder of the dimensions shown in Figure 1 must be used to determine whether a small part of a crib or cradle meets the requirements of section 20 of these Regulations.

FIGURE 1

SCHEDULE 5
(Sections 32 and 37)

TEST FOR SOLIDITY OF MATTRESS SUPPORT

Cribs

1. The method to be used for testing the solidity of the mattress support of a crib is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) secure the crib to a horizontal surface in its normal position in a manner that will not impede the test;

(c) apply and maintain for one minute an upward push force of 250 N to one corner of the lower surface of the mattress support, as close as possible to the corner within 150 mm of the two sides forming the corner;

(d) note any dislodging of the mattress support, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its fasteners;

(e) readjust the mattress support to its original position, if necessary;

(f) repeat the steps set out in paragraphs (c) to (e) at every other corner of the mattress support;

(g) apply simultaneously and maintain for one minute an upward push force of 250 N as close as possible to each corner of the lower surface of the mattress support within 150 mm of the two sides forming each corner;

(h) note any dislodging of the mattress support, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its fasteners;

(i) readjust the mattress support to its original position, if necessary;

(j) apply a force of 200 N in any direction to one of the mattress support latching or locking mechanisms in a manner that could cause any unlatching, unlocking or deformation of the mechanisms or any loosening of the mattress support fasteners;

(k) note any dislodging of the mattress support, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its fasteners;

(l) readjust the mattress support to its original position, if necessary; and

(m) repeat the steps set out in paragraphs (j) to (l) for every other mattress support latching or locking mechanism.

Cradles

2. The method to be used for testing the solidity of the mattress support of a cradle is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the cradle according to the manufacturer's instructions;

(b) secure the cradle to a horizontal surface in its normal position in a manner that will prevent it from rocking or swinging;

(c) apply and maintain for one minute an upward push force of 250 N to one corner of the lower surface of the mattress support, as close as possible to the corner within 150 mm of the two sides forming the corner;

(d) note any dislodging of the mattress support and any loosening of its fasteners;

(e) readjust the mattress support to its original position, if necessary;

(f) repeat the steps set out in paragraphs (c) to (e) for every other corner of the mattress support;

(g) apply simultaneously and maintain for one minute an upward push force of 250 N as close as possible to each corner of the lower surface of the mattress support within 150 mm of the two sides forming each corner; and

(h) note any dislodging of the mattress support, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its fasteners.

SCHEDULE 6
(Sections 33 and 38)

TESTS FOR STRUCTURAL INTEGRITY

Cribs

1. The method to be used for testing the structural integrity of a crib under dynamic conditions is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) secure the crib to a horizontal surface in its normal position in a manner that will not impede the test;

(c) place on the mattress support a 100 mm thick sheet of polyurethane foam that has a density of 30 kg/m³, a 25% indentation force deflection of 144 N and a length and width that meet the requirements of paragraph 18(b) of these Regulations;

(d) using a 20 kg test load of the dimensions shown in Figure 1, allow the test load to fall freely, from a height of 150 mm above the initial position of the upper surface of the sheet of polyurethane foam, 150 times at a rate of one impact per second at the geometric centre of the surface of the sheet, in such a manner that the surface of the test load remains parallel to the horizontal surface referred to in paragraph (b);

(e) note any damage to the crib, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its mattress support fasteners;

(f) without readjusting the mattress support, repeat the steps set out in paragraphs (d) and (e), but at each corner of the mattress support such that the test load is allowed to fall at a point that is 150 mm from each of the innermost surfaces of the two sides forming the corner of the crib measured at the level of the upper surface of the sheet of polyurethane foam; and

(g) repeat the steps set out in paragraphs (d) and (e), but at the mid-point along the edge of the mattress support beside each movable side such that the test load is allowed to fall at a point that is 150 mm from that side measured at the level of the upper surface of the sheet of polyurethane foam.

2. The method to be used for testing the structural integrity of a crib under horizontal force conditions is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) secure the crib to a horizontal surface in its normal position in a manner that will not impede the test;

(c) with any movable sides of the crib in the adjustment position designed to provide accommodation for an unattended child and using a point that is midway along the length of one of the sides, but not more than 50 mm from the upper edge of the side as the point of contact, apply a horizontal force of 120 N perpendicularly to the side in a back-and-forth manner at a frequency of at least 150 cycles per minute for a total of 9,000 cycles;

(d) note any damage to the crib, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its mattress support fasteners; and

(e) repeat the steps set out in paragraphs (c) and (d) for every other side of the crib.

3. The method to be used for testing the structural integrity of a crib under vertical force conditions is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) secure the crib to a horizontal surface in its normal position in a manner that will not impede the test;

(c) with any movable sides of the crib in the adjustment position designed to provide accommodation for an unattended child and using the mid-point of the top of one of the sides as the point of contact, apply a vertical force of 120 N in an up-and-down manner at a frequency of at least 150 cycles per minute for a total of 9,000 cycles;

(d) note any damage to the crib, any unlatching, unlocking or deformation of its latching or locking mechanisms and any loosening of its mattress support fasteners; and

(e) repeat the steps set out in paragraphs (c) and (d) for every other side of the crib.

Cradles

4. The method to be used for testing the structural integrity of a cradle under dynamic conditions is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the cradle according to the manufacturer's instructions;

(b) secure the cradle to a horizontal surface in its normal position in a manner that will prevent it from rocking or swinging;

(c) place on the mattress support a 80 mm thick sheet of polyurethane foam that has a density of 30 kg/m³, a 25% indentation force deflection of 144 N and a length and width that meet the requirements of paragraph 18(b) of these Regulations;

(d) using a 13.7 kg test load that has a square contact area of 929 cm², allow the test load to fall freely, from a height of 150 mm above the initial position of the upper surface of the sheet of polyurethane foam, 500 times at a rate of one impact per second at the geometric centre of the surface of the sheet; and

(e) note any damage to the cradle and any loosening of its mattress support fasteners.

FIGURE 1

SCHEDULE 7
(Sections 34 and 39)

TEST FOR SPACES

Cribs

1. The method to be used for testing the spaces that are located above the mattress support of a crib when the mattress support is in its lowest position is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) if the mattress support is adjustable, adjust it to its lowest position;

(c) place a metallic loading wedge of the dimensions shown in Figure 1 in the space between two adjacent slats, midway along the greatest dimension of the space;

(d) apply a pull force of 90 N to the eye-bolt of the loading wedge in a direction perpendicular to a plane passing through the points of contact of the wedge with the two slats, and maintain the force for 10 seconds;

(e) attempt to pass, without forcing, a rectangular block with dimensions of 60 mm × 100 mm × 100 mm through the space, anywhere above or below the loading wedge;

(f) repeat the step set out in paragraph (e) with the block in all other possible orientations;

(g) repeat the steps set out in paragraphs (c) to (f) for all other spaces between adjacent slats; and

(h) attempt to pass, without forcing, a rectangular block with dimensions of 60 mm × 100 mm × 100 mm through every space in every part of the crib that is located above the mattress support.

Cradles

2. The method to be used for testing the spaces that are located above the mattress support of a cradle is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the cradle according to the manufacturer's instructions;

(b) attempt to pass, without forcing, a rectangular block with dimensions of 60 mm × 100 mm × 100 mm through the space between any adjacent slats;

(c) repeat the step set out in paragraph (b) with the block in all other possible orientations;

(d) repeat the steps set out in paragraphs (b) and (c) for all other spaces between adjacent slats; and

(e) attempt to pass, without forcing, a rectangular block with dimensions of 60 mm × 100 mm × 100 mm through every space in every part of the cradle that is located above the mattress support.

FIGURE1

SCHEDULE 8
(Section 35)

TEST FOR STRENGTH AND SOLIDITY OF CRIB SLATS

1. The method to be used for testing the strength and solidity of crib slats is as follows:

(a) omitting accessories that could hinder the implementation of the test, assemble the crib according to the manufacturer's instructions;

(b) secure the crib to a horizontal surface in its normal position in a manner that will not impede the test;

(c) apply a torque of 8 N·m to one of the slats at its mid-point and maintain the torque for 10 seconds;

(d) note any turning, dislodging or deformation of the slat and any damage to the slat;

(e) repeat the steps set out in paragraphs (c) and (d) for every other slat;

(f) apply a vertical upward force of 500 N at the mid-point of any rail on one of the sides to which slats are attached and maintain the force for 30 seconds;

(g) note any dislodging of any of the slats from the top or bottom rail and any damage to the slats; and

(h) repeat the steps set out in paragraphs (f) and (g) for every other side to which slats are attached.

[18-1-o]

Footnote a

R.S., c. 24 (3rd Supp.), s. 1

Footnote 1

SOR/86-962

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