[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1115.14]

[Page 167-168]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1115_SUBSTANTIAL PRODUCT HAZARD REPORTS--Table of Contents
 
                    Subpart A_General Interpretation
 
Sec.  1115.14  Time computations.

    (a) General. Weekends and holidays are excluded from the computation 
of the time periods in this part.

[[Page 168]]

    (b) Imputing knowledge. In evaluating whether or when a firm should 
have reported, the Commission shall impute to the subject firm knowledge 
of product safety related information received by an official or 
employee of a subject firm capable of appreciating the significance of 
the information. Under ordinary circumstances, 5 days should be the 
maximum reasonable time for information to reach the Chief Executive 
Officer or the official or employee responsible for complying with the 
reporting requirements of section 15(b) of the CPSA. The Commission will 
impute knowledge possessed by the Chief Executive Officer or by the 
official or employee responsible for complying with the reporting 
requirements of section 15(b) of the CPSA simultaneously to the subject 
firm.
    (c) Time when obligation to report arises. The obligation to report 
under section 15(b) of the CPSA may arise upon receipt by a subject firm 
of the first information regarding a noncompliance, or a potential 
hazard presented by a product defect, or an unreasonable risk. 
Information giving rise to a reporting obligation may include, but is 
not limited to, complaints, injury reports, quality control and 
engineering data. A subject firm should not await complete or accurate 
risk estimates before reporting under section 15(b) of CPSA. However, if 
information is not clearly reportable, a subject firm may spend a 
reasonable time for investigation and evaluation. (See Sec.  
1115.14(d).)
    (d) Time for investigation and evaluation. A subject firm may 
conduct a reasonably expeditious investigation in order to evaluate the 
reportability of a death or grievous bodily injury or other information. 
This investigation and evaluation should not exceed 10 days unless a 
firm can demonstrate that a longer period is reasonable. The Commission 
will deem that, at the end of 10 days, a subject firm has received and 
considered all information which would have been available to it had a 
reasonable, expeditious, and diligent investigation been undertaken.
    (e) Time to report. Immediately, that is, within 24 hours, after a 
subject firm has obtained information which reasonably supports the 
conclusion that its consumer product fails to comply with an applicable 
consumer product safety rule or voluntary consumer product safety 
standard, contains a defect which could create a substantial risk of 
injury to the public, or creates an unreasonable risk of serious injury 
or death, the firm should report. (See Sec.  1115.13.) If a firm elects 
to conduct an investigation in order to evaluate the existence of 
reportable information, the 24-hour period begins when the firm has 
information which reasonably supports the conclusion that its consumer 
product fails to comply with an applicable consumer product safety rule 
or voluntary consumer product safety standard upon which the Commission 
has relied under section 9, contains a defect which could create a 
substantial product hazard, or creates an unreasonable risk of serious 
injury or death. Thus, a firm could report to the Commission before the 
conclusion of a reasonably expeditious investigation and evaluation if 
the reportable information becomes known during the course of the 
investigation. In lieu of the investigation, the firm may report the 
information immediately.

[43 FR 34998, Aug. 7, 1978, as amended at 57 FR 34230, Aug. 4, 1992]