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Safetyzone Winter 2020

Safetyzone

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

Features

Hot safety tips for cold weather

With people staying close to home due to COVID-19, our winter warmers will certainly be getting a workout. It’s vitally important for your family’s safety that you know how to check if your warmers are safe to use for another season, and how to use them safely.

Electric blankets, hot water bottles, heat (or wheat) packs and children’s sleepwear are just some of the regular winter items that can pose an injury risk.

As with any product, but particularly products that can cause scalds, burns or fires, consumers should always follow user guides.

Hot water bottles

Each year, more than 200 people in Australia are treated for serious burns caused by hot water bottles.

You should always check for signs of wear and tear, including cracks forming, before you use your hot water bottle.

When you’re filling your hot water bottle, you should use hot tap water, never boiling water.

Importantly, you should always put something between you and your hot water bottle, such as a towel, and don’t keep it on one part of your body too long to avoid burns. Never sleep with a hot water bottle in your bed. Use it to warm your bed, then remove it before you get in.

Wheat bags

If using wheat bags or other heat packs, check they come with clear heating instructions attached to the product and allow them cool completely before reheating.

If you notice a burning smell, you’ve probably over heated it. Place the wheat bag on a non-flammable surface, such as your kitchen sink, and allow it to cool completely then dispose of it.

Children’s clothing

Many people assume when children’s clothing or nightwear is marked ‘low fire danger’ it is not flammable. This is not necessarily the case.

‘Low fire danger’ ratings take a number of things into account, including how loose or closely fitted an item is, and therefore the risk of it coming in contact with heaters or fire places.

You should always keep children away from open sources of heat to prevent what can be devastating burn injuries.

Electric blankets

It should go without saying, but check electric blankets for signs of wear and tear before use—particularly if they have been stored away during the warmer months—and always turn them off before getting into bed.

If you are pregnant or have diabetes, you should check with your health practitioner before using one.

For more information, visit Product Safety Australia.

Check if a product has been recalled.

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Ensure your home is a safe space during COVID-19 restrictions

With many Australians housebound and combining work and caring responsibilities, it’s important you check for hidden hazards in your home.

If you’re caring for children while working from home, it can be challenging to watch their every move. To help keep them safe, look out for products, furniture and fittings that have the potential to cause fatal injuries or illness to little ones.

Items such as button batteries, small high powered magnets , detergent capsules and general cleaning products can result in catastrophic injuries or poisoning, and have proved fatal in the past. You should keep these products out of sight and out of reach of small children at all times.

You should also take steps to reduce other hazards such as toppling furniture, accessible bean bag fillings and loose blind and curtain cords.

In addition to the usual risks, millions of individual products are recalled every year, and it certainly pays to check if any recalled products are lurking around.

For more information on staying safe at home during COVID-19, visit the Product Safety Australia website.

Spike in children swallowing hand sanitiser

With so many new hand sanitisers in the market and many more Australians buying and using hand sanitiser than ever before, many children are being exposed to these products for the first time. Unfortunately, reports to the Poisons Information Centre regarding hand sanitiser incidents increased by 125 per cent in the March to May 2020 period, most of which was due to children swallowing it.

We’ve put together some tips to help you keep your family safe:

  • When buying hand sanitiser, check the ingredients label for any ingredients that may cause an allergic reaction to you or your family.
  • If no ingredients are listed on the product or provided in other forms prior to purchase, report the product to us at OFT.safety@justice.qld.gov.au
  • If you are using your own bottles at an in-store hand sanitiser refill station, ensure you mark your bottles clearly to avoid confusion with other household or food items.
  • Keep hand sanitiser out of reach of children at all times. Children should only use hand sanitiser under a responsible adult’s supervision.
  • Keep hand sanitiser away from any type of open flame as its ingredients are highly flammable.

Don't let staying fit injure your child

The COVID-19 pandemic restrictions have seen many Australians turn to working out in their homes, causing a spike in demand for home fitness equipment.

One enduringly popular home fitness product is the treadmill, but did you know they can be extremely dangerous for children?

Friction burns are one of the common risks when using treadmills. Children are especially vulnerable if they are playing on or near a treadmill, and can potentially suffer minor burns, serious burns requiring skin grafts, and even the loss of fingers or hands. We have put together some tips on using and storing treadmills to help keep everyone safe.

  • Select a machine with protective covers to keep fingers and hands away from as many moving parts as possible.
  • Check the treadmill has a safety stop switch to stop it quickly in case of an accident.
  • If you already have a treadmill, consider placing it in a separate room or use safety barriers to keep it out of the reach of children.
  • Avoid using headphones while using your treadmill if there are young children in the home.
  • Always keep the machine unplugged when not in use and keep the area around the treadmill clear of objects.

The Trade Practices (Consumer Product Safety Standard) (Treadmills) Regulations 2009 sets out the prescribed requirements for treadmills, which include any exercise equipment that consists of a conveyor belt rotated by a motor or manually.

Treadmills must display a permanent warning label in an obvious location that is visible to the user of the treadmill. The label must have the following specific, mandated wording:

  • "WARNING: keep young children away from this machine at all times. Contact with the moving surface may result in severe friction burns."
  • The word 'WARNING' must be in bold and uppercase.
  • The uppercase letters must not be less than 5 mm and the lower-case letters not less than 2.5 mm in height.
  • This warning label must be separate from any other warning label.

Consumers should ensure they read and understand any included instructions or safety manuals and never use gym equipment in a way that was not intended by the manufacturer.

Further information on the mandatory standard can be found here.

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Steer clear of undeclared dangers in creativity kits for children

The first half of 2020 has undoubtedly been a period of change. One such change is the amount of time kids are spending at home. To help keep their little ones entertained, parents and carers may look to buy art and crafts or stationery kits. While these kits can be a source of boundless creativity and amusement for children, it is important to ensure the kit contents are listed clearly on the packaging, and on the store’s website if applicable, and that the list is accurate.

It is illegal to sell kits that include a knife or cutter that is not declared on the packaging. This is to ensure parents and carers are aware of any sharp implements and can minimise the risk of lacerations or puncture wounds—injuries that children are particularly vulnerable to due to their lack of awareness of the potential dangers, limited experience in handling knives, and underdeveloped dexterity.

If an art, craft or stationery set does include a knife or cutter, the packaging must prominently advertise it is included, in easy to read lettering.

More information about the permanent ban of undeclared knives or cutters in children's art, craft and stationery sets is available at the Product Safety Australia website.

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Think safety first when quad biking

Tragically, quad bike accidents are common and can happen very easily. In fact, there have been 10 quad bike deaths in Australia so far this year. The following tips can help you, your loved ones, friends and work colleagues stay safe.

Prepare safe

  • Decide if a quad bike is the right vehicle for the activity.
  • When you purchase a new quad bike from 11 October 2020, use the hang tag to compare the stability of different models.
  • Ensure you are properly trained before you ride a quad bike.
  • Maintain the bike so it is in safe condition.
  • Read the owner's manual and observe the manufacturer's safety warnings and recommended use of the vehicle.
  • Before you leave for a quad bike ride, always tell someone where you plan to go and when you expect to return.

Wear safe

  • Always wear a helmet.
  • Wear protective clothing and gear such as goggles, long sleeves, long pants, boots and hand protection.

Ride safe

  • Never let children ride quad bikes that are meant for adults — even as passengers.
  • Do not carry any passengers on quad bikes that are meant for one person.
  • Quad bikes are not all-terrain vehicles so they cannot go safely on all ground types. Avoid riding on rough terrain or steep slopes.
  • Ride on familiar tracks and beware of obstacles.
  • Never ride under the influence of alcohol or drugs.
  • Ensure children are supervised at all times near any quad bike activity.
  • Always carry a mobile phone or radio device so you can call for help in the event of an emergency.

For more information, visit Product Safety Australia.

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COVID-19: Takata compulsory and NADI 5-AT recalls

At a time when many people are avoiding public transport in favour of private vehicles, it is essential to check if your vehicle is subject to the compulsory Takata recall or voluntary Takata NADI 5-AT recall.

You can do so by:

We understand dealerships are still providing recall services to consumers affected by the compulsory and voluntary recalls during COVID-19 restrictions. The Australian Competition and Consumer Commission and the Department of Infrastructure are closely monitoring any changes to these arrangements.

If your car is affected, you should check with your vehicle manufacturer to find out what you need to do.

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Product safety in the COVID-19 environment

There is no doubt COVID-19 has caused some serious challenges for business, with many organisations having to change the way they trade or seek new suppliers.

Some bricks and mortar stores have taken their business online for the first time—in some cases to make up for a drop in foot traffic, while others have moved to trade exclusively online or by phone while restrictions are in place.

What hasn’t changed, regardless of how businesses trade, is the need to comply with product safety rules.

We’ve put together the following tips to help traders stay compliant.

Tips for online trading

Selling online

  • Always ensure you are selling safe products that comply with the relevant mandatory standards and product bans. You should also comply with product safety laws in any other jurisdictions where you supply your products. If in doubt, remove the product from your website until you can confirm it is compliant.
  • Ensure product safety information that would have otherwise been provided in-store is clearly communicated online. Provide convenient options for consumers to contact you if they need further information or assistance.
  • Report the death or serious injury or illness of a person that occurred as a result of a consumer product you supplied.
  • Immediately recall a product if you realise it may present a safety hazard, does not comply with a safety standard or is banned, and notify the Australian Commonwealth Minister responsible.
  • Comply with all recall notices issued under the Australian Consumer Law.

Online platforms

  • Actively identify and remove unsafe products from the platform.
  • Ensure the seller’s contact details are visible so consumers are able to contact them.
  • When there are shortages of certain products, such as occurred with hand sanitiser and face masks, be vigilant in monitoring listings of such products and consider adding more compliance checks to identify any suspicious behaviour early.
  • Promote product safety compliance on your online platform and keep authorities updated on any product safety trends or issues you’re seeing.

General product safety compliance when suppliers are in short supply

Do your homework on who you work with

As there are shortages of some goods during these times, it is likely that unknown suppliers may appear and offer you non-compliant products, ingredients or components. You should only source goods from suppliers who can confirm they comply with Australian product safety laws and regulations. For more information, see Product Safety Australia’s safe sourcing guide.

Don’t compromise on safety

Some testing labs may be limiting their operations due to the COVID-19 pandemic. However, products should still be tested to ensure compliance with relevant regulations prior to being supplied. If this is not possible, consider postponing the release of the product instead of taking a risk that may harm consumers. For more information, see Product Safety Australia’s guide to testing.

Consider voluntary standards to help meet your obligations

If your product is not captured by one of the mandatory standards or product bans, consider conforming with relevant voluntary standards, which may help you meet your obligations under the Australian Consumer Law (ACL). This may also assist in managing any legal risk should concerns be raised about your product under the consumer guarantees or product liability .

For more information on product safety compliance and online selling platforms, visit the Product Safety Australia website.

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Are you on track to meet the quad bike safety standard deadline?

The 12 month transition period for phase one of the Consumer Goods (Quad Bikes) Safety Standard 2019 will finish on 10 October 2020. 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.

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. There were at least 128 fatalities from quad bike injuries between 2011 and 2018 in Australia, and it is estimated that six people present to an emergency department each day, of which two are admitted to hospital with serious injuries. Around 15 per cent of deaths involve children.

For more information, visit Product Safety Australia.

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Hand sanitiser exemption and packaging

To address Australian shortages of hand sanitiser, the TGA has temporarily exempted a particular handrub from the usual regulatory requirements for therapeutic goods. The exempted hand sanitiser is a World Health Organisation-recommended handrub formulation. For the duration of the COVID-19 pandemic, manufacturers may produce hand sanitisers, provided they exactly follow the formulation, production, testing, record-keeping and labelling requirements outlined in the Therapeutic Goods (Excluded Goods-Hand Sanitisers) Determination 2020. No other active or inactive ingredients must be added, including colours, fragrances or emollients.

The WHO formulation does not replace the existing TGA-regulated and approved therapeutic hand sanitiser formulations present on the Australian Register of Therapeutic Goods (ARTG).

During the pandemic, this hand sanitiser will be regulated as a cosmetic and a consumer good under the Australian Consumer Law (ACL). These cosmetic hand sanitisers will also need to meet the mandatory standard for cosmetics ingredients labelling.

More information is available at Product Safety Australia

Packaging and labelling precautions

OFT is aware of recent incidents of hand sanitiser ingestions due to children confusing the packaging with food or drink items.

In addition to the above requirements, suppliers should carefully consider how their products are packaged and whether they may be confused with other household, food or drink items. Hand sanitiser packaging should not resemble consumable products or products that may be considered appealing to children. Products should also be clearly labelled as hand sanitiser.

We expect suppliers to implement a range of safety measures, which may include reconsidering its product packaging and labelling or conducting a product recall.

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Consumer guarantees: how you automatically guarantee your products' safety

Under the ACL, when you buy products and services they come with automatic guarantees that they will work and do what you asked for. These guarantees provide consumers with a comprehensive set of rights for the goods and services they acquire.

These rights exist regardless of any warranty provided by the supplier or manufacturer. Importantly for product safety, one of the tests for acceptable quality is that a good or service is safe.

If a good or service fails to meet a guarantee, the consumer will have rights against the supplier and, in some cases, the manufacturer. As a trader, supplier or manufacturer it is important you are aware of these provisions and how they may impact on your business.

For more information on consumer guarantees, visit our website.

You can also download a copy (PDF) of ’Consumer guarantees: A guide for businesses and legal practitioners’ or request a hard copy be sent to you.

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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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