This agency docketed a petition to address a hazard that accounts for 553,297 medically treated injuries annually from slips and falls.[1] Slips and falls disproportionately hurt women and older Americans.[2]  The petitioner’s plea for help was simple: a label at the point-of-sale that would allow consumers shopping for flooring to compare which options were slipperier. 

I believe that we needed to grant the petition so that we could protect people and begin the rulemaking process. Slips and falls are a very serious hazard, especially for older consumers. With the denial of the Petition, slips and falls remain an unaddressed hazard that disproportionately impacts a community of vulnerable consumers.

Staff found that individuals 75 years and older had the highest rates for slips, with an estimated annual average of 265 slips per 100,000 individuals in the US population—more than five times the average for all other age groups.”[3] “[S]lip rates for females were almost twice that for males (79 estimated ED-treated injuries per 100,000 females vs. 42 estimated ED-treated injuries per 100,000 males).[4]  

I believe it is the role of this Commission to grant petitions that identify serious public health hazards, where there is a path to make things safer, and that is true whether or not we agree with the petitioners’ proposed solution. That is because when we grant a petition, the Commission is not committing to any specific method for addressing the hazard. Instead, granting the petition is a commitment to begin a rulemaking process to address an unreasonable risk of injury. I voted to grant this Petition, not because I support one method or another, but because I believe there is a hazard that we can address. Past Commissioners have agreed with my position that there is sufficient information to move forward with a rule that solves this problem.[5]  I have no doubt that we can identify a reliable metric that will adequately and effectively inform consumers in evaluating the risk of slips and falls with flooring, floor cleaning agents, and footwear. And because I believe we can, I think it’s our duty to do so. 

*The views expressed in this statement are solely the views of Commissioner Trumka and do not necessarily reflect the views of the Commission.

Faithfully,

Commissioner Richard L. Trumka Jr.

[1] Briefing Package at OS 21 (https://www.cpsc.gov/s3fs-public/Petition-Requesting-Rulemaking-to-Mandate-Testing-and-Labeling-Regarding-Slip-Resistance-of-Flooring-Floor-Coatings-and-Treatments-Floor-Cleaning-Agents-and-Footwear.pdf?VersionId=c2j_NARKwnilc.JuPJ7B5C52TZKVoPWo).

[2] Id. at OS 14-15.

[3] Briefing Package at OS 14-15 (https://www.cpsc.gov/s3fs-public/Petition-Requesting-Rulemaking-to-Mandate-Testing-and-Labeling-Regarding-Slip-Resistance-of-Flooring-Floor-Coatings-and-Treatments-Floor-Cleaning-Agents-and-Footwear.pdf?VersionId=c2j_NARKwnilc.JuPJ7B5C52TZKVoPWo).

[4] Id. at OS 14.

[5] Statement of Commissioner Robert S. Adler and Commissioner Elliot F. Kaye Regarding Petition CP 18-2: Labeling Requirements Regarding Slip Resistance of Floor Coverings (Aug. 6, 2019) (https://www.cpsc.gov/about-cpsc/commissioner/elliot-f-kaye-robert-s-adler/statements/statement-of-commissioner-robert-s).