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Safetyzone Spring 2020

Welcome to the Spring 2020 edition of Safetyzone, the Office of Fair Trading’s (OFT) product safety newsletter.

Features

12-month quad bike safety standard transition about to end

Every day in Australia, approximately six people present to an emergency department and at least two are admitted to hospital due to quad bike accidents.

If you think those figures are grim, since 2011, 150 people have died in quad bike accidents, 23 of whom were children.

To help protect quad bike users, the Australian Government introduced the Consumer Goods (Quad Bikes) Safety Standard 2019.

The implementation of this mandatory standard will occur in two phases.

Phase one

Phase one has had a 12-month lead in period to allow time for traders to transition to the new rules. From 11 October 2020, all new quad bikes and imported second hand quad bikes must:

  • meet the specified requirements of the US standard for quad bikes, ANSI/SVIA 1-2017, or the European standard for quad bikes, EN 15997:2011
  • have a rollover warning label fixed so that when the quad bike is used, it will be clearly visible and legible
  • provide information in the owner’s manual or information handbook on the risk of rollover
  • be tested for lateral static stability and display on a hang tag at the point of sale, the angle at which the quad bike tips on to two wheels.

Phase two

In phase two, which begins on 11 October 2021, all new and imported second hand general use quad bikes—which are commonly marketed as utility, work or agricultural models—must meet minimum stability requirements of:

  • lateral roll stability — a minimum Tilt Table Ratio (TTR) of 0.55 (must not tip on to two wheels on a slope less than 28.81 degrees)
  • front and rear longitudinal pitch stability — a minimum TTR of 0.8 (must not tip on to two wheels on a slope less than 38.65 degrees).

The quad bike must also be fitted with an operator protection device or have one integrated into its design.

The purpose of the safety standard is to prevent or reduce the risk of fatality or injury associated with the use of quad bikes.

For more information, visit the Product Safety Australia website, and watch the ACCC’s videos for businesses and consumers.

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Sunglasses & fashion spectacles

Queensland is renowned for its beautiful weather, and with an average of 283 days of sunshine every year it’s no wonder.

But did you know that if your eyes are exposed to too much sunlight, it can lead to cataracts and other eye diseases? It can even lead to cancer.

Sunglasses and fashion spectacles are required to comply with Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017. This mandatory standard prescribes requirements for lens categories, and construction and labelling of sunglasses and fashion spectacles.

Under the standard, sunglasses and fashion spectacles are classified into five categories by their suitability for use in certain conditions:

  • Lens category 0: Fashion spectacles These are not sunglasses, as they have a very low ability to reduce sun glare. They provide limited or no UV protection.
  • Lens category 1: Fashion spectacles Like category 0 lenses, these are not sunglasses; however, they do provide limited sun glare reduction and some UV protection. Fashion spectacles with category 1 lenses are not suitable for driving at night.
  • Lens category 2: Sunglasses These sunglasses provide a medium level of sun glare reduction and good UV protection.
  • Lens category 3: Sunglasses These sunglasses provide a high level of sun glare reduction and good UV protection.
  • Lens category 4: Sunglasses These are special purpose sunglasses that provide a very high level of sun glare reduction and good UV protection. Lens category 4 sunglasses must not be used when driving at any time.

So next time you’re buying sunglasses or fashion spectacles take the time to check the label to ensure they’re compliant with the safety standard. It’s not worth risking your eye health to save a few dollars on inferior products.

For more information, visit the Product Safety Australia website.

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Smart online shopping habits

Online shopping has certainly spiked as many of our favourite stores converted to online trading to keep their businesses going during COVID-19 restrictions.

One of the safest ways to shop online is to only buy from stores you know and trust. You might not be able to see their faces, but you’ll still know who you’re dealing with.

If you can’t find what you’re looking for from your local, trusted traders, we’ve put together the following tips to help you avoid losing out on an online deal.

Safety first

Safety should always be a critical consideration so make sure the product meets any relevant Australian safety requirements.

Check www.productsafety.gov.au for Australian product recalls and visit the OECD GlobalRecalls portal for international recalls.

Research – make sure they are who they say they are

The first step in making a confident consumer purchase online is to do to your research. Make sure to check prices at other stores, read trusted reviews of both the products and the retailers, look to social media or ask friends and family.

While many online sellers are legitimate, unfortunately scammers can use the internet to rip off unsuspecting shoppers. Scammers use situations such as a health crisis to trick you into giving them money or your personal information. You can learn to protect yourself from online scams and be alert to the warning signs on our website.

Check delivery timeframes

Take the time to check delivery timeframes before you buy. Taking current business restrictions into account, always allow for a grace period in case of any delays.

Consider how you browse and the way you pay

When buying online, choose safer browsing options such as secure websites, and protected payment options. A secure website will always begin with ‘https://’, not ‘http://’ and display the image of a closed padlock.

In the event you don’t receive goods or services you’ve paid for, you may be able to get a chargeback if you paid using a credit card or ‘credit’ function. Contact your bank to find out what your card covers.

Read, understand and save

Ensure you read the terms and conditions of your purchase or booking and understand your consumer rights before you hit ‘pay now’. It’s also a good idea to screenshot or save any documentation, receipts or confirmation emails.

And remember, as a consumer, if you’re unhappy with the product or service you have the same rights buying online as you do in-store. The Australian Consumer Law protects you if things go wrong.

For more information  about online shopping and your rights under the Australian Consumer Law (Opens in new window), visit our website.

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Pre-Christmas toy survey

The Office of Fair Trading’s safety officers are gearing up for our annual pre-Christmas toy safety campaign.

Inspectors from around the state will visit up to 250 outlets in the lead up to Christmas to hunt down unsafe, non-compliant products.

Toy suppliers must ensure their toys meet any relevant safety standards and are safe, or risk fines or prosecution. Fines for supplying consumer products that do not comply with mandatory standards or are banned can be substantial, up to $10,000,000 for a company and $500,000 for an individual.

Inspectors can also seize unsafe toys without payment, and you may have to recall products already sold. Obviously, this can be both time consuming and expensive, and not what you want to be doing at retail’s busiest time of year.

For information on toy safety for businesses and consumers, visit  the Product Safety Australia website.

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How to buy safe toys for infants and toddlers

Infants and toddlers can be particularly tough on toys, and that’s why there are special requirements for toys for children under three years of age.

One easy way to tell if a toy is suitable, is if it is rated for children under three. But parents must also be vigilant with any toys they buy or are given, particularly toys for older children in the same home. The following tips can help you ensure a safe and happy playtime for your little ones.

Check age suitability:  Ensure the toy is age appropriate. Infants and toddlers are particularly at risk from toys with small parts that break away (like ribbons, beads, buttons) because they have not yet fully developed their natural gagging reflex.  Remember the smaller the child the bigger the toy should be, anything smaller than a 35-millimetre film canister or ping pong ball is too small for a child under three.

Choose toys that are well made: Always choose products that are well made and meet mandatory Australian safety standards. Toys that are hard-wearing are safer for your child and are unlikely to release small parts that become choking hazards. Be wary of products that, because of their shape, may be easily swallowed or have sharp edges or points.

Avoid toys with small magnets: Small magnets can cause serious, and even fatal, internal damage if swallowed.

Secure battery compartments: Ensure battery operated toys have child-resistant locking mechanisms to prevent your toddler from accessing and swallowing the battery.  If a child swallows a button battery, it can lead to tissue burns, resulting in potentially fatal injuries and internal bleeding.

Be aware of long strings: Strings longer than 30cm can tangle to form a noose or wrap around a child’s neck and may become a choking or strangulation hazard.

For more information on toy safety for traders and consumers, visit  the Product Safety Australia website.

You can lodge a complaint or raise any questions about unsafe toys with the OFT at safety@justice.qld.gov.au

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New safety standard for projectile toys

On 12 June 2020, the Consumer Goods (Projectile Toys) Safety Standard 2020 was introduced. This new mandatory standard sets out updated requirements for the design, construction and labelling of projectile toys. These requirements are intended to reduce the risk of choking, eye injuries and flesh wounds during play.

The standard applies to all new toys that are designed or clearly intended for use in play by a child under 14 years of age, that are capable of launching a projectile.

Key requirements of the standard include the maximum force with which a projectile can be launched, the size of the projectiles, and features that prevent the products from being used in a hazardous manner.

Suppliers

The standard provides a transitional period of 12 months. Up to 11 June 2021, suppliers have the option to comply with the new safety standard or the existing Consumer Protection Notice No. 16 of 2010.

From 12 June 2021, all projectile toy products you supply must comply with the new safety standard.

For more information, visit the Product Safety Australia website.

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New safety standard for aquatic toys

On 12 June 2020, the Consumer Goods (Aquatic Toys) Safety Standard 2020 was introduced. This new mandatory standard sets out requirements for the design, construction and labelling of aquatic toys.

Aquatic toys can be defined as inflatable novelty shapes, inflatable toy boats for use in shallow water, and unattached rings. These products are designed to bear the mass of a child under the age of 14 for use in shallow water play, regardless of whether they are inflatable or designed to be attached to the body or worn. Aquatic toys are not safety devices, so children must be supervised at all times when playing with these toys in the water.

Suppliers

The standard provides a 24-month transition period for suppliers. Up to and including 12 June 2022, you have the option to comply with the new standard or the existing  Consumer Protection Notice No. 2 of 2009.

From 13 June 2022, all aquatic toy products you supply must comply with the new standard.

For more information, visit the Product Safety Australia website.

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New safety standard for toys containing magnets

On 27 August 2020, the Consumer Goods (Toys Containing Magnets) Safety Standard 2020was introduced. This new mandatory standard sets out requirements for the design, construction and warning information for children’s toys containing magnets.

The standard applies to all new toys that are designed or clearly intended for use in play by a child under 14 years of age, with one or more magnets or magnetic components.

Key requirements of the standard include design and construction requirements to prevent a child from gaining access to small hazardous magnets and prescribed warning requirements.

Suppliers

The standard provides a transitional period of 12 months. Up to 28 August 2021, suppliers have the option to comply with the new safety standard or the existing Consumer Protection Notice No. 5 of 2010.

From 29 August 2021, all toys containing magnets you supply must comply with the new safety standard.

For more information, visit the Product Safety Australia website.

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Are your products safe and fit for purpose?

The OFT recently had to contact a supplier regarding a toy that potentially contained higher than the acceptable chemical levels. Unsafe levels of chemicals in toys can cause short and long-term harm to children.

If you supply consumer products in Australia at any point in the supply chain, you are legally responsible for product safety. So, what can you do as a business to ensure the products you supply are safe and fit for purpose under the Australian Consumer Law?

You can request test reports from where you are sourcing the products or have the products tested yourself. Testing should be performed by a suitably accredited laboratory and tested to an applicable standard. When products are designed and developed for supply to consumers, it is generally not enough to have a pre-production sample of the products safety tested and no further quality assurance or control measures applied.

When sourcing products from suppliers, you should look for the following:

  • The factory from which your products are purchased is audited regularly to ensure the proper controls are in place.
  • Raw materials have been tested.
  • Assembly line processes are followed, and quality checks are performed regularly.
  • Pre-shipment inspections are carried out by qualified staff with adequate supervision.
  • Staff training is current and adequate.

For more information on responsible sourcing of products, including pre-ship inspections, visit the Product Safety Australia website.

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Not sure where to turn for help?

There are several agencies that work to keep consumers safe. Sometimes we may need to refer your enquiry or complaint to another agency.

  • The Electrical Safety Office (ESO)  Contact the ESO regarding electrical safety matters, such as standards and laws, investigating electrical incidents including fires, and injuries from electrical products.
  • Therapeutic Goods Administration (TGA) Contact the TGA about therapeutic goods such as vitamin tablets, sunscreens and bandages, and goods used to treat serious conditions, such as prescription medicines, vaccines, blood products and surgical implants.

If you are unable to identify which is the appropriate regulator for your matter call us on 13 QGOV (13 74 68) for help.

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Recalls roundup

A product safety recall is the most common way for a supplier to remove unsafe goods from the supply chain. If you own on of the below items, follow the relevant link to find out what you need to do to make your item safe, or if you are entitled to a refund or replacement.

More information on product recalls can be found on the Product Safety Australia website.

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Need help?

If you need help to identify product hazards, work with standards or develop a compliance plan, please contact the OFT's Consumer Product Safety Unit at OFT.Safety@justice.qld.gov.au. Fines for non-compliance with standards can be substantial so it’s better to be safe than sorry.

For more information on regulated products subject to mandatory standards and bans or to check for information about consumer products and services, visit the Product Safety Australia  website.

Want to report a product safety problem or seek advice?

Do you have some information you’d like to verify or are unsure about a product? The first step should be to visit the Product Safety Australia and OFT website. If you can’t find what you’re looking for, you can email the OFT Product Safety Unit at OFT.Safety@justice.qld.gov.au. We will try to answer any queries you may have concerning Product Safety within Queensland with a safety first approach, because your safety matters.

Feedback

If you find this Safetyzone newsletter useful, please tell us what you think by emailing OFT.Safety@justice.qld.gov.au.

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Last updated:
23 March 2021
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