product-recall review In this feature l consumer safety l dangerous products l central agency White goods warning Dangerous kitchen appliances are putting lives at risk because the UKs product-recall system is not up to scratch. Maeve Sinnott reports on a major review that aims to improve consumer safety F or more than a decade and unbeknown to consumers around five million households have been at risk from dangerous and faulty tumble dryers associated with one of the biggest names in home appliances. Whirlpool Corporation issued safety alerts and recalls in November last year about its Hotpoint, Indesit and Creda-branded tumble dryers manufactured between April 2004 and September 2015. Last month, two more brands, Swan and Proline, were added to the mix, putting another 58,000 households in jeopardy. Scrutiny of the product-recall system in the UK has been intensifying for some time, and a major review commissioned by the Department for Business, Innovation and Skills (BIS) was finally published in February, after months of unexplained delays by government. Independent author of the report, Lynn Faulds Wood, believes the delay has led to many thousands of lives remaining at risk: If the review had been published and implemented, the recommendation to provide guidance for a good recall may have meant that the Whirlpool Corporation had a stronger model. As it stands, thousands of people are at risk. Referring to the current tumble-dryer fiasco, she adds: Every day, people contact me because they either know somebody who had a fire, or there was one in their area. There are deaths, there are injuries, there is colossal damage to homes and vehicles. Its not just about white goods, but all consumer goods. The review was set up to address this, and it is such an important issue. I am disappointed it took so long to publish. In her review, Faulds Wood says the current system is viewed by stakeholders as broken. The Retail Ombudsman has also stepped in to raise the pressure, calling for new laws to be introduced to speed up the recall process and a recall register to be launched. The risk Appliances may not be as sexy as exploding hoverboards, but the risk they pose is just as great, with at least two deaths attributed to faulty white goods in the past six years. According to Charlie Pugsley, head of fire investigation at the London Fire Brigade (LFB), white goods account for more than 300 fires, on average, in the capital each year 90 per cent of which are not caused by human behaviour. Change is definitely needed if we are to keep the public safer and reduce the impact of these potentially devastating fires, says Pugsley. The governments response to the recall review published on the same day is underwhelming, its main proposal being to form a steering group to review possible action further. Yet the issue is one of national public safety and, as Dean Dunham, chief executive of The Retail Ombudsman, puts it: When public safety is at stake, government has to listen. Christine Heemskerk, CTSI chairman and lead officer for consumer and product safety, says the steering group suggestion could be helpful, but is vague. However, Pugsley believes: If the steering group is empowered, resourced, has strong leadership and representation from appropriate stakeholders, we may still see positive action. The LFB has asked to be a member of the group. TIMELINE NOV 2010 30 JUNE 1 JULY 2014 DEC 2014 Santosh Muthiah Sharmini Jeyakumar dies of Coroner Andrew Walkers dies of smoke smoke inhalation recommendations released, prompted by Santosh Muthiah case inhalation 12 FEB 2016 NOV 2015 MAR 2015 The Retail Ombudsman Whirlpool Corporation Government commissions announces new register initiates recall for three independent review into and calls for new laws brands of tumble dryers product recalls FEB 2016 FEB 2016 FEB 2016 Independent review into Government response to Whirlpool announces another product recalls published independent review published two brands of tumble dryer at risk State of affairs Whirlpool Corporation launched a repair campaign one of the three types of product recall in November 2015, highlighting a risk of fluff coming into contact with heating elements, which could pose a fire hazard in homes. According to the manufacturer, more than 1.2 million customers had registered for a free modification by 29 February, with the company resolving more than 4,500 cases a day. Whirlpools advice to consumers to continue using the machines, with care, while a repair is arranged has been criticised by the charity Electrical Safety First and the LFB. Pugsley says: With up to five million products in the market, a critical failure rate of just 0.01 per cent would still mean there could potentially be 5,000 fires. The LFB contradicted the companys advice, as did Electrical Safety First, which said: We advise [customers] to stop using [affected appliances] until they have been inspected and declared safe to use by a manufacturers engineer. Dunham is also critical of Whirlpools response: Our view is that Whirlpool is taking too long to deal with the issue. This is, therefore, a good example of why the law needs to be changed, or new laws introduced. The gravity of the issue The deaths of Santosh Muthiah in November 2010 and Sharmini Jeyakumar in the summer of 2014 were both caused by smoke inhalation from fires started by defective timer mechanisms in Beko fridge-freezers. As a result of the Muthiah case, Andrew Walker, senior coroner for the Northern District of Greater London, produced a report, Regulation 28: Report to prevent future deaths1. It included concerns about and recommendations for the appropriate responses to faulty product risks and was probably a catalyst for BIS commissioning the independent product-recall review, according to Faulds Wood. A verdict on the death of Jeyakumar was recorded in January 2016. Assistant coroner for the Eastern Area of London, Ian Wade QC, who heard the inquest, said the issue of product recalls was included in evidence after a previous product recall for the fridge-freezer had been issued, but the family had not been made aware. Although it did not form a significant part of his conclusion, Wade told TS Today: I referred to the detailed report issued by Andrew Walker, echoing his concerns. Pugsley believes a better recall system could improve consumer safety, and prevent many fire-related incidents. Had there been a much more effective recall system and more public engagement with regard to registering domestic appliances, some of these incidents could have undoubtedly been prevented. THE VICTIMS SHARMINI JEYAKUMAR, OF first floor and could not escape from the Muthiah and his family slept upstairs. The WALTHAMSTOW, LONDON, DIED ON THE building despite the efforts made by her family had awoken and focused efforts on NIGHT OF 30 JUNE TO 1 JULY 2014. husband to rescue her. ensuring their two children escaped from She was overwhelmed by smoke and Assistant coroner Ian Wade QC, of the Eastern District of London Coroners Service, died while still in the property on 1 July. the house, with the help of neighbours. The London Fire Brigade found Muthiah in the bathroom at the rear of the house. investigated and recorded a narrative verdict on 14 January 2016. The defrost SANTOSH BENJAMIN MUTHIAH, A 36-YEAR- He was taken to hospital, where he died as timer mechanism in the Beko fridge-freezer OLD MAN FROM NORTH LONDON, DIED ON a result of smoke inhalation. located on the ground floor of the house THE NIGHT OF THE 10 TO 11 NOVEMBER 2010. overheated and caught fire. The flames Coroner Andrew Walker recorded a had been aware of potential safety issues, spread from the seat of the fire under the narrative verdict on 26 September 2014. but had not considered the risks large stairs and ignited parts of the property, The coroner found that the failure of the enough to take action. while Jeyakumar slept upstairs. Although Beko fridge-freezers defrost timer resulted she woke, she became trapped on the in a fire that spread to the house while The investigation discovered that Beko After Muthiahs death, a safety notice was issued. Recommendations Overall, the product-recall review has been well received, with Heemskerk describing it as sufficiently far reaching, while the LFB supports Faulds Woods key recommendations as a positive step in the right direction. The review recommends an overhaul of the current system, with a focus on centralisation, resources and sharing information which takes into account the governments lack of appetite to introduce new laws and the lack of extra funds. Specifically, it calls for the creation of an official central agency to coordinate and lead the UK recall system, and act as the guardian to an official website for business and consumers, giving consumers searching for recall information an official, trusted port of call. Currently, there are multiple sites listing product recalls, so consumers dont know where to look or even where to start. The LFB supports the recommendations. The problem of faulty consumer goods is clearly a massive one, so strong leadership and a much more streamlined website/trusted portal to support consumers could really make a difference over time. Heemskerk is behind the idea of creating a central agency. Consumer safety shouldnt be left in the hands of local authorities that have so few resources it is too crucial an issue, and it needs a central directing agency. She refers to faulty hoverboards as a recent, clear example of a situation that suffered from alack of effective, central coordination. She says a cohesive response was not possible: Surrey Trading Standards did a really good job of trying to coordinate, but ultimately it isnt their job. The Food Standards Agency is a good, domestic example of a centralised coordinating body, according to Faulds Wood, who says other countries already have recall systems with effective central agencies. She adds: It would not take much for BIS and its partners to develop something very similar. Resources and information As trading standards acts as the market surveillance authority (MSA) in the product-recall system, itmeans that cuts to local authorities and their budgets staffing levels by 50 per cent, budgets by 40 per cent, with more to come have a significant impact on the ability of trading standards to survey faulty products. Its a crucial issue, but it cant be tackled effectively, says Heemskerk: We need to be undertaking proactive and reactive action, but the proactive side which is surveillance before the product even reaches the market is neglected because of cuts in resources. The review refers to an urgent need to improve funding, training, resources and procedures for market surveillance, and recommends funding options be examined, including alterative solutions, such as seeking small fees from businesses or collaborating with the insurance industry. The need to map out organisations involved in product recalls, with the aim of improving data sharing, and reintroducing a national injury database are also key issues highlighted in the review. The reinvention of the national injury database previously based in hospitals before it was scrapped in 2002 is an important part of the jigsaw for Heemskerk. We need to bring it back not in its old format, but updated. Its crucial as it provides intelligence and evidence, and shows where priorities lie and resources should go. References: 1. Regulation 28: Report to prevent future deaths: this report is made under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and Regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. C ONSUMER SAFET Y AND THE EU QUESTION No-one really knows what effect leaving the EU will have on consumer protection legislation in general and the UKs product-recall system in particular but Britains referendum on 23 June has certainly generated debate. Below are three viewpoints from the realm of trading standards: It would be a disaster for the UK, from The sensible thing is to keep the Its difficult to say at this stage. If we were the point of consumer safety legislation legislation to keep Britain on the level to exit after the referendum, there would not just for the product-recall system, game. Industries are global, and we are be a long period of negotiation in which but for all the European legislation that seeing a harmonisation of standards British law would have to be disentangled protects consumers. between Europe and the rest of the from EU law. CHRISTINE HEEMSKERK, CHAIRMAN OF CTSI AND A LEAD OFFICER world. Everyone is moving towards global standards. We also dont know what priority this would take. There is a lot of trade ROBERT CHANTRY-PRICE, legislation that is interlinked with the A CTSI LEAD OFFICER FOR FOR CONSUMER AND PRODUCT SAFETY EU, much of which might take higher CONSUMER AND PRODUCT SAFETY priority. We certainly wouldnt see any immediate impact. MELISSA DRING, DIRECTOR OF POLICY AT CTSI Credits Maeve Sinnott is a junior reporter for TSToday. Images: fabitz / Shutterstock To share this page, in the toolbar click on You might also like Return concern May 2015