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The Australian Competition and Consumer Commission (ACCC) is undertaking a review of the Trade Practices (Consumer Product Safety Standard – Corded Internal Window Coverings) Regulations 2010, the safety standard it introduced to reduce the risk of child strangulation from corded internal window coverings.
This is the first review of the safety standard since its introduction in 2010.
“The purpose of the review is to assess whether the safety standard has been effective,” the ACCC said in its consultation paper.
“The review has considered market, regulatory and nonregulatory developments which could better promote consumer safety.
“We are seeking stakeholder views on four policy options.”
The four options include options to align with other international standards from the USA, Canada and Europe in efforts to increase options for products which offer better solutions for covering a window whilst being child safe.
Option 1 is to maintain the status quo, however the ACCC says it has identified shortcomings with the operation of the safety standard.
Option 2 includes improvements to the safety standard would address identified technical issues with the existing standard and increase the range of safety devices that could be used and the methods for attaching them. The changes should assist suppliers to allow for different window designs and construction, to increase choice for consumers. The addition of symbols to warnings and the use of red font is intended to highlight the dangers and attract attention to the warnings to improve the likelihood they will be noticed, understood, and followed.
In option 3 the current safety standard would be updated as for Option 2 and also allow corded blinds to be supplied where the product complies with international standards.
Suppliers who source corded blinds made for the US, Canada and EU markets would be able to supply them into Australia without making changes to make them comply with the Australian safety standard, except for the safety warnings. The ACCC says this would reduce the compliance burden on suppliers which may lead to decreased prices for consumers.
However, the ACCC says under this option there is some possibility that allowing the supply of products that are compliant with international and Australian standards could lead to confusion among market participants.
Option 4 is to revoke the safety standard however the ACCC says the cost of complying with Australian requirements is generally low, so removing this cost is unlikely to reduce the cost or increase the range of corded blinds significantly, if at all.
This option would also result in Australia being misaligned with the major international jurisdictions EU, US and Canada that currently regulate or are increasing safety requirements for corded window coverings.
Industry is invited to comment on the review by Wednesday 13 March 2019, whilst the BMAA will prepare a submission on behalf of its membership.
The ACCC says it has investigated 21 known deaths of children in Australia caused by corded window coverings from 1999 to 2018 (with no known deaths since 2014). The fatality rate has reduced from 15 deaths in the 11 years before the standard was introduced (1.36 per annum), to 6 deaths in the following 9 years (0.67 per annum). Of the six deaths that occurred since the introduction of the safety standard in 2010, all are the result of strangulation from cords to children aged 39 months and under, with five of those children aged 18 months and under. Four deaths occurred where the child was in a cot or bed in close proximity to a window where a corded window covering had been installed.
Deaths also regularly occur overseas. In the United States 271 children under 6 years died from becoming entangled in blind cords in the period from 1990 and 2015 and in the United Kingdom, the Royal Society for the Prevention of Accidents (ROSPA) records that 30 children died from strangulation following entanglement in looped cords between 1999 and 2015 with 18 deaths occurring between 2010 and 2015.
“We are aware through research and engagement with overseas product safety regulators that increasing attention is being paid to product options for window coverings that would reduce, if not remove, the strangulation hazard including cordless, spring loaded, tilt wands and motorised window coverings,” the ACCC added.
“We understand the market for cordless products continues to develop and this option may become increasingly popular among consumers through cost reductions and heightened consumer awareness.”
“To our knowledge IKEA is the only major supplier of readymade products known to be supplying only cordless readymade products in Australia.”
“We are interested to know the reasons Australian suppliers have not already moved to supplying only cordless options that would remove the strangulation hazard. Specifically, we are interested to better understand the market including quantifying the costs and the extent to which suppliers and consumers are moving to these options and what barriers may exist in developing this product category.”
