Manufacturers May Face a Mandatory Federal Product Standard Due to Safety Advancements

Table saw manufacturers may face a mandatory federal product standard due to safety advancements yet to be adopted by the power tool manufacturing industry. The U.S. Consumer Product Safety Commission on Oct. 5 unanimously approved the its staff's recommendation to publish an advance notice of proposed rulemaking for table saw makers to include flesh-sensing technology that stops a blade almost instantaneously on contact. Between Jan. 1, 2007, and Dec. 31, 2008, hospital emergency departments in the CPSC's National Electronic Injury Surveillance System treated 79,500 stationary saw-related injuries, according to a 2009 survey by the CPSC. The survey, a follow-up to the CPSC's 2003 survey, was meant to obtain more in-depth information about the nature and probable cause of the injuries, the CPSC said. Table and bench saw injuries accounted for 78% of the survey's estimated 101,900 injuries for all stationary saws, which include band saws, radial arm saws and miter saws. Lacerations were the most common injury among operators, at 68%, followed by fractures and amputations. "We're seeing terrible injuries with table saws,” said a spokeswoman for the CPSC in Bethesda, Md. "The injuries associated with this product are horrific—deep lacerations to the arms and hands, broken bones and, worst of all, amputations to fingers and thumbs,” Robert S. Adler, a commissioner at the CPSC, said in a statement. "Injuries like these often leave victims facing long, painful recoveries, as well as significant financial hardship and employment challenges.” The CPSC's injury cost model estimates that, based on the latest study, medically treated contact injuries from table saws total $2.36 billion per year. Societal costs—which include costs for medical treatment, lost time from work, product liability litigation, and pain and suffering—are approximately $35,000 per blade contact injury, the CPSC said. This figure exceeds the average cost for all medically treated consumer product-related injuries by $13,000, which reflects the high costs associated with amputations and the relatively high hospitalization rate related to table saw injuries, the CPSC said. Product liability litigation for table saw accidents varies by state, and the extent of the plaintiff's injury typically dictates the size of the settlement or award, industry experts say. But the impact on product liability exposures of a federal mandatory standard for table saw manufacturers to include flesh-sensing technology remains to be seen (see related story). The Occupational Safety and Health Administration has regulations on table saws used in the workplace that require the saw to have a blade guard, a spreader and an anti-kickback device. Underwriters Laboratories Inc. also has a similar standard, UL 987, which is in its seventh edition since it was introduced in 1971, the CPSC said. In 2007, a joint venture of the leading manufacturers of table saws introduced a modular blade guard that aims to prevent blade contact and also includes a permanent, adjustable riving knife as the primary kickback-prevention device. The CPSC said it is concerned about existing blade guards and standards for table saws, as they often hinder use of the machine, which leads to the blade guards' removal. While supportive of the voluntary UL voluntary standard, “the standard requirements do not appear to address adequately the number or severity of blade contact injuries that occur on table saws, nor do they address the associated societal costs,” the CPSC said in the proposal. While “the new modular guard design is a significant improvement over the old guard design, the effectiveness of any blade guard system depends upon an operator's willingness to use it.” Tualatin, Ore.-based SawStop L.L.C., which has patented technology that almost instantaneously stops the saw blade upon contact with flesh, has petitioned the CPSC since 2003 to impose mandatory standards requiring the technology for all table saws. Power Tool Institute Inc., a Cleveland-based trade association of the nation's largest power tool manufacturers, said SawStop's patent would create a monopoly if the CPSC were to adopt the standard. It also said the cost of a portable bench top saw, which can range from $99 to $600, will increase to just under $1,000, and accident rates could increase as the technology might harbor a “sense of security.” "My personal preference is that the table saw industry finds a way to adopt a voluntary standard that would substantially reduce or eliminate these 36,000 annual injuries,” Mr. Adler said in the statement. "Whether there are other approaches that are equally effective, I leave to them at the moment,” he said. The CPSC's advance notice of proposed rulemaking provides the public and interested parties 60 days submit comments, which could shape how the standard is written. Source: businessinsurance.com