CPSC Proposes Mandatory Standard for Children's Portable Bed Rails

CPSC is also revoking an October 2000 advance notice of proposed rulemaking on portable bed rails as it is superseded by the current proposed rule.

Comments are due June 27, 2011.

(The Consumer Product Safety Improvement Act of 2008 (CPSIA) requires CPSC to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” applicable voluntary standards or more stringent than the voluntary standard if CPSC concludes that more stringent requirements would further reduce the risk of injury associated with the product.)

Would Adopt ASTM F 2085-10a Standard with Certain Changes

The proposed rule would adopt the ASTM F 2085-10a portable bed rail standard with the following changes to strengthen it:

Add foam & inflatable bed rails. The proposed rule would add foam and inflatable bed rails to the ASTM definition¹ of bed rails. However, foam and inflatable portable bed rails would only have to meet the General Requirements of section 5 of the standard; the performance requirement of subsection 6.3, Enclosed Openings; and the warning statements of subsection 9.3.1. This is because the rest of ASTM F 2085-10a’s requirements were developed to address hazards associated with rigid materials.

Misassembly requirements & tests. CPSC proposes new performance requirements and associated test methods to address misassembly of portable bed rails. The misassembly performance requirements would result in portable bed rail designs that will render the portable bed rail no longer functional if it is not assembled according to the manufacturer-intended final assembly, or make it obvious to the consumer that the product is misassembled.

Installation warning label, requirements. The proposed rule also would contain a new performance requirement and associated warning label for portable bed rail critical installation components to address issues related to misinstallation of portable bed rails.

(See proposed rule for more details of the proposed changes.)

Would Affect Portable Bed Rails Mnfd/Imported Six Months After Final Rule

CPSC is proposing that the mandatory standard take effect for portable bed rails manufactured or imported on or after the date that is six months after the final rule is published in the Federal Register.

Bed Rails Would Have to be Tested by Third-Party Lab, Certified as Complying

CPSC adds that children’s products subject to consumer product safety rules must be tested by a CPSC-approved third-party lab. Based on that testing, they must also be certified as complying with the standard by the domestic manufacturer (for domestic products) or importer (if it is imported).

¹ASTM F 2085-10a defines a “portable bed rail” as a “portable railing installed on the side of an adult bed and/or on the mattress surface which is intended to keep a child from falling out of bed.” The scope of the ASTM standard also states that a portable bed rail “is as a device intended to be installed on an adult bed to prevent children from falling out of bed.” Portable bed rails are intended for children (typically from 2 to 5 years of age) who can get in and out of an adult bed unassisted. They include bed rails that only have a vertical plane that presses against the side of the mattress but does not extend over it (referred to as “adjacent type bed rails”), as well as bed rails that extend over the sleeping surface of the mattress (called “mattress-top bed rails”).

CPSC Commissioner Nord's statement on the proposed rule, dated 04/06/11, available here.

CPSC contact - Rohit Khanna (301) 504-7546 (email) rkhanna@cpsc.gov.

(FR Pub 04/11/11, D/N CPSC-2011-0019)