Why should we be concerned about the safety of clothing, bags, bracelets, pens, mugs and so on? We have all been wearing them, or using them since birth (and so have our parents) so these items are not exactly new, and the vast majority are safe. So what has changed?

In short, we all have.

As manufacturers, during the credit crunch, we have all been focusing on costs - streamlining processes, moving production to less expensive locations, reducing inspection levels, cutting back on factory visits, and so on, and this can impact product integrity.

And consumers have changed, although this change was gathering momentum long before the credit crunch - and remember, consumers are you and me. 

Today, when things go wrong people tend to look for someone to blame and seek compensation from, possibly through litigation. In fact, we are encouraged to do so.  Websites, TV adverts even direct phone adverts via call centres all offer legal services on a no win no fee basis offering compensation for accidents such as tripping on the pavement, or injury through unsafe products. 

TV programmes like "Watchdog" fuel the public's awareness of their rights - the BBC website invites consumers to inform them of problem services and products, which are investigated and reported in their programmes.

The concept of personal responsibility seems to have gone.

Bad press on any scale can damage brand reputation and lose customers, while losing a case can also mean a fine or even imprisonment of senior employees, payment of compensation and court fees. None of us needs this at any time, least of all now. 

Ensuring products comply with legislation is the surest defence. But what legislation? There seems so much of it, so where do you start?

The overarching legislation for product safety is the EU General Product Safety Directive (GPSD) implemented in the UK as the General Product Safety Regulation (GPSR).  First adopted in 1995, then revised and strengthened in 2005, GPSR has probably passed most of us by as it all seemed too complicated and vague, and frankly, in 1995 it was not clear how to use it. 

In reality it is important. It is applicable to all products, sold or hired, and it even includes items like the promotional pens given away to customers. It covers instructions for use or cleaning, warnings etc provided with obviously hazardous items like chainsaws, but also extends to everyday items. 

Over the last 10 years or so, with the emergence of new style European standards to support the GPSR, it is all beginning to make more sense.

You can get a copy of the GPSR at http://www.opsi.gov.uk/si/si2005/20051803.htm, however, the BERR (Department for Business, Enterprise and Regulatory Reform) guidance is more digestible and is a must read for every manufacturer, importer, wholesaler or retailer (http://www.berr.gov.uk/files/file22713.pdf).

BERR explains everyone's responsibilities under the regulation - including actions in the event of a product being found to be unsafe (ie: what a product recall is and the essential steps to be followed).

Briefly, GPSR requires products to be safe "under normal and foreseeable use".  For articles used by adults or always used with adult supervision "normal use" is fairly simple, but for items used by children, especially if used or worn with little or no supervision, this becomes more challenging.

It is "foreseeable" that some of our products, including promotional items, may be given to or used by children. A child in the course of normal development will explore and use their imagination through play, so a large cardboard box becomes a boat, car, castle, house, snail or tortoise. Equally a hooded jacket, with the sleeves pulled inside, becomes a Batman cape, and so on.

GPSR also requires products to be safe for the lifetime of the product, and includes secondhand articles, in contrast, for example, with the UK 1985 Nightwear (Safety) Regulations which specifically exclude secondhand garments - however, GPSR takes precedence (as explained in BERR's Advisory Note http://www.berr.gov.uk/files/file48151.pdf).

Essentially GPSR requires an assessment of risk for safety to be made for all products. This sounds daunting, but for most ranges of products, features are common and templates can be drawn up.

Risk assessment, is best carried out by a team, including senior personnel and the designer. An assessment may identify that a feature is not safe, but working with a designer and brainstorming, similar aesthetics can often be achieved by some minor design changes. This is particularly true with children's clothing. 

Whatever the outcome, record the findings together with any actions, sign and date the document and keep it on file. The assessment should be reviewed each buying season (at least) by formally posing the question "what has changed?" which might include:

• Modification to design - change of decoration or embellishment;
• Production route or supplier;
• Changes in consumer behaviour;
• Reported accidents - in your own product or competitor's in similar product. (GPSR requires you to be aware of safety issues and incidents related to your own and similar products), and
• Changes to legislation or standards.

So how do we assess what is safe? What measures do we have? As individuals our ideas of safe can vary.

Theoretically, we need to do a hazard assessment to recognise if any aspect of our product or its use has the potential to cause harm - and if you are developing a novel product you may still need to do this - and assess the likelihood of this harm occurring.  Fortunately however, most hazards associated with common products have been considered by the various committees developing legislation and the different types of national, European or industry standards, so compliance with appropriate standards implies a level of safety. 

In its simplest form, your risk assessment can ask if the product complies both with any applicable legislation (usually mandatory anyway) and all the appropriate standards.

GPSR helps here as it gives a list of the types in order of priority.

c EU legislation, eg Marketing and Use of Dangerous substances directive which includes azo dyes and colourants, Nickel or The Ceramic Articles In Contact With Food Regulations 2006, Toy Safety directive.

• National legislation, eg UK Nightwear (Safety) Regulations 1985,
• A harmonised standard, eg EN 14682 Safety of children's clothing. Cords and drawstrings on children's clothing, specifications.
• A current list of "harmonised standards" - that is standards relating to GPSD which have been published in the EU Official Journal - is found at http://ec.europa.eu/enterprise/newapproach/standardization/harmstds/reflist/gpsd.html

If none of the above is available then the following are used in descending order of precedence:

1. A European standard, which has not been harmonised, eg EN 13758 part 2 Textiles. Solar UV protective properties. Classification and marking of apparel.
2. Community specifications.
3. National standards, eg BS 8466 Hats. Protection against solar UVR. Method of test and performance requirements.
4. National codes of practice, eg BS 7907 Code of Practice for the design and manufacture of children's clothing to promote mechanical safety.
5. Industry codes of practice, in-house specifications such as those that major retailers set for their own brand.
6. State of the art, or "as consumers might reasonably expect".

A product which complies with the requirements of one of the above will be presumed to be safe but for that feature only, for example:

• a child's nightdress which meets the UK nightwear safety regulations will be presumed safe for flammability requirements - only;
• any child's garment which has cords and strings meeting the requirements of EN 14682 will be presumed safe for cords and strings - only.

Meeting these standards or legislation will not ensure 100% safety, but it will meet a minimum level of requirements. And it is important to recognise any aspect, feature or usage of a product that falls outside any standards; you still need to ensure these do not present a hazard. Another point of note is, that unless the standards or legislation explicitly state a product has to be labelled, eg CE marking for toys and electrical goods, no markings are required.

Finally the good news. Unless the product requires formal testing, for flammability or for chemical content, for example, most of the risk assessments can be carried out in house by your own team. The team may require some training and coaching to begin with and take advice for novel products or where novel embellishments or production routes are being considered, but otherwise risk assessment is not "rocket-science".

Safety matters are crucial to everyone in the company if the brand is to thrive.  With a little training and some business systems most aspects can be addressed in house with minimal cost.

Sue Bolton, is an independent consultant specialising in product integrity and compliance. See www.boltonconsultancy.co.uk

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