CPSC Votes To Begin Rulemaking On Plastic, 5-Gallon Buckets

Today the U.S Consumer Product Safety Commission (CPSC) voted unanimously (3-0) to issue an Advance Notice of Proposed Rulemaking (ANPR) to address the hazard of children drowning in what are generically referred to as plastic, 5-gallon buckets. An ANPR is the first step in agency rulemaking. The Commission also voted to continue working with a voluntary standards group in an effort to develop voluntary performance requirements for these buckets and to participate in an industry- funded information and education campaign to warn the public about the danger of young children drowning in these buckets, subject to Commission approval of the campaign that is developed.

An estimated 40 infants and toddlers drown each year in 5- gallon buckets. These large, plastic buckets are being used in the homes for household chores, such as mopping floors. Between January 1984 and March 1994, CPSC received reports of 228 child drownings and 30 near-drowning incidents associated with these buckets. Most of the victims were between 8 and 14 months old, and their families were unaware of the hazard associated with using these containers in the presence of infants and toddlers. Further, in many of the incidents, it appears there may have been inadequate supervision of the victim by parents or caregivers. Although 5-gallon plastic buckets can be purchased empty for household use, most of the buckets involved in drowning incidents were brought into the home from job sites or were purchased, containing products such as food, paint, or laundry detergent.

According to CPSC Chairman Ann Brown, the problem is two- fold. "Young children are very top-heavy and these buckets, even when empty, are very stable. At the crawling, pulling up, and walking stages, when the child pulls up to a large bucket, leans in to reach for an object or to play in the liquid, and then falls in head first, the buckets don't tip over and the children cannot free themselves. A child can drown in a small amount of water in a few minutes."

A variety of different 5-gallon bucket designs aimed toward different industries may address the drowning hazard although the bucket industry has concerns about the practicality of the designs identified to date.

In 1993, industry, in cooperation with the Commission, concentrated its efforts on developing a warning label to alert consumers to the child drowning hazard presented by these buckets. At this time, it does not appear that labeling alone will adequately address the drowning hazard.

CPSC's mission is to protect the public from unreasonable risks of injury and death associated with consumer products. Its objective is to reduce the estimated 28.6 million injuries and 21,700 deaths associated each year with about 15,000 different consumer products under CPSC jurisdiction.