Child safety was the focus of a hearing held on May 16 by the House Commerce Subcommittee on Telecommunications, Trade, and Consumer Protection.
Rep. Rosa DeLauro (D-CT) offered testimony regarding fire standards for children’s sleepwear. Four years ago, the Consumer Product Safety Commission (CPSC)—which has jurisdiction over the matter—altered a long-standing standard designed to minimize fires resulting from the friction of a child’s movement in cotton pajamas.
The CPSC exempted from regulation all sleepwear for infants nine months or younger, as well as tight-fitting sleepwear in children’s sizes up to 14. “Before the standards, an average of sixty children died every year from burning pajamas; after the standard was adopted the average dropped to fewer than four per year,” Rep. DeLauro told the subcommittee. She added, “I cannot fathom why the CPSC would move to this weaker standard.”
A provision included in the FY2000 omnibus appropriations bill (P.L. 106-113) required the commission to monitor fire injuries involving sleepwear and report to the Appropriations Committee on its findings. According to the report language, Congress can direct the CPSC to reinstate the standard if the data reflects a rise in injuries and deaths.
CPSC Chair Ann Brown said that she disagreed with her commission’s decision to alter the sleepwear standard. “The regulation was working well,” she stated. She noted that the members of the commission have “rigidly held” positions on the matter, but “if the Congress repeals the current rules and directs us to return to the prior standard, we will carry out your direction faithfully.”
Commissioner Mary Sheila Gall defended the CPSC’s decision, citing “an extensive record that documented that the hazard associated with…cotton sleepwear was very low.” She added: “There was no challenge to the commission’s decision in court and I have seen no evidence since the time of the decision to indicate that burn injuries…have increased or represent a significant problem.”
Dr. Phillip Wakelyn of the National Cotton Council said, “There is no basis from burn incidence data since 1965” to show that the new standard has diminished safety. “Snug-fitting and infant-sized sleepwear are safe and not the cause of burn injuries seen in burn hospitals.”
Dr. David Herndon of the Shriners Hospitals for Children said, however, that his organization’s facilities “have experienced a 150 percent increase in sleepwear-related burn injuries since the commission lowered the safety standards.” He added: “For 1995-1996, Shriners Hospitals treated 14 children for sleepwear-related burn injuries; the number of children suffering these burns has increased to 36 for the 1998-1999 period.”
Legislation related to other child safety issues also was discussed during the hearing. H.R. 4145, sponsored by Rep. John Shimkus (R-IL), would direct the CPSC and the National Highway Transportation Safety Administration (NHTSA) to establish new rules for the testing of child safety seats and to simplify the labels and safety ratings for the seats. Advocates for child safety voiced support for the bill. However, NHTSA Deputy Administrator Rosalyn Millman called the measure unnecessary. She announced a new set of “rulemaking and research initiatives” designed to satisfy some of the bill’s requirements. “NHTSA’s current activities will accomplish the goals without the need for legislation,” she said.
H.R. 3032, sponsored by Rep. Ed Markey (D-MA) would allow the CPSC to regulate fixed-site amusement rides. H.R. 2592, sponsored by Rep. James Rogan (R-CA), would extend the CPSC’s jurisdiction to bicycles with small electric motors.
